THIRD DIVISION
G.R. No. 183641, April 22, 2015
BENJAMIN GUERRERO, Petitioner, v. DIRECTOR, LAND MANAGEMENT BUREAU, FLORANTE EDWARD R. BENITEZ, PROJECT EVALUATION OFFICER III, LEGAL DIVISION; AND HEIRS OF MARCELO BUSTAMANTE, REPRESENTED BY CORA Z. BUSTAMANTE, Respondent.
D E C I S I O N
PERALTA, J.:
Before the Court is a petition/complaint to cite respondents for contempt for alleged forum shopping.
The facts of the case follow.
Petitioner Benjamin Guerrero obtained a miscellaneous sales patent and, eventually, an Original Certificate of Title (OCT) over a parcel of land located at Pugad Lawin, Quezon City.1 The title OCT No. 0-28, covering 174 square meters, was issued in his name by the Register of Deeds of Quezon City on August 27, 1982.2
The issuance of the title, however, became the subject of a Protest by Angelina Bustamante (now deceased),3 the wife of Marcelo Bustamante (also deceased), before the then Director of Lands.4 The ground of the protest was the title's alleged encroachment on the area subject of Marcelo's own patent application.5
The protest by Bustamante was initially dismissed by the Director of Lands, and was similarly dismissed in subsequent appeals to the Ministry of Natural Resources6 and the Office of the President. The latter office rendered its dismissal in a Decision dated October 10, 1986.7
However, on the motion for reconsideration filed by Angelina Bustamante, the Office of the President, on October 30, 1987, ordered the case remanded to the Department of the Environment and Natural Resources (DENR) for the conduct of an ocular investigation and resurvey of the disputed area.8 Then, in another Order dated January 10, 1989, the Office of the President directed the DENR to "take action" for the correction of the technical description of the property covered by OCT No. 0-28, based on the findings of the ocular investigation and relocation survey.9
Thus, on November 7, 1989, following the Order of the Office of the President, the Director of Lands filed a Petition for Amendments of the Plan and Technical Description of OCT No. 0-28 in the name of Benjamin Guerrero with the Regional Trial Court (ETC) of Quezon City.10
On July 13, 1995, the RTC of Quezon City, Branch 77, rendered its Decision dismissing the petition for lack of basis and merit.11
The dismissal was appealed by the Director of Lands to the Court of Appeals, but the latter court, in a Decision dated February 12, 1998, affirmed the RTC's decision.12
Thus, the case was elevated to this Court.
Then, this Court, in its Decision in Republic of the Philippines v. Benjamin Guerrero,13 dated March 28, 2006, affirmed the decisions of the Court of Appeals and the RTC dismissing the petition of the government based on the protest filed by Bustamante. In that case, it was held that there was no proof that the titleholder, Benjamin Guerrero, employed fraud in obtaining his title, OCT No. 0-28.
Undeterred by the final decision of this Court, however, herein private respondents heirs of Marcelo Bustamante, this time represented by Cora Bustamante, on February 1, 2007, filed another Protest with the Land Management Bureau (LMB),14 DENR, to again question Guerrero's title. The protest alleges that the title in Guerrero's name covers 83 square meters on which the house of Marcelo is standing.15 Again, the heirs of Bustamante claim that "fraud, strategy, stealth and intent to defraud" was employed by Guerrero in causing the survey of the land and the eventual issuance of his title.16 The alleged "fraud and misrepresentation" is supposedly a ground for the cancellation of Guerrero's title.17 Ultimately, the protest prays "that OCT No. 0-28 issued to Benjamin Guerrero be cancelled," among other reliefs that the LMB may issue.18
Acting on the protest, respondent LMB, through Director Arthus T. Tenazas, effectively gave due course to the same, through an Order of Investigation dated May 9, 2007, stating as follows:chanroblesvirtuallawlibrary
It appears that a verified protest in due form and substance filed by herein protestant Marcelo Bustamante, represented by Cora Z. Bustamante, constitute (sic) a valid cause of action against the herein respondent Benjamin Guerrero who was issued an Original Certificate of Title (OCT) No. 0-28, by virtue of a Miscellaneous Sales Patent No. 8991, by the then Bureau of Lands on August 16, 1982, covering a parcel of land particularly described as Lot No. 3, of plan Bsd-13-000776, located at Pugad Lawin Drive, Barangay Bahay Toro, Project 8, Quezon City.Following the above directive, the Hearing Officer, Florante Edward R. Benitez, ordered the parties to file their respective position papers, to wit:chanroblesvirtuallawlibrary
It appears that on March 28, 2006, the Supreme Court promulgated its decision in G.R. No. 133168, entitled, Republic of the Philippines as petitioner, versus Benjamin Guerrero as respondent, upholding the issue on the "indefeasibility of the title" issued in favor of respondent Guerrero, citing as basis Act No. 496, otherwise known as the Land Registration Act of 1903, and not on the technical aspect of the case;
That based on existing records, it is certain that the land subject of this controversy is a public land. Hence, it is well within the sole, exclusive and original jurisdiction of the Director of Lands to investigate pursuant to the provision of Section 91, of Commonwealth Act No. 141, as amended, otherwise known as the "Public Land Act;" and
That protestant has paid the required protest fee.
WHEREFORE, in view of the foregoing premises, Mr. FLORANTE EDWARD R. BENITEZ, Project Evaluation Officer III, of the Legal Division, is hereby directed to conduct the desired investigation pursuant to standing rules and regulations provided for under Lands Office Circular No. 68, dated August 28, 1975, to ascertain, whether or not there is a valid and sufficient ground to warrant the institution of a legal proceeding before the Courts by the Office of the Solicitor General. He shall submit his report and recommendation upon termination thereof for the early resolution and/or disposition of the case.
SO ORDERED.19cralawlawlibrary
Pursuant to the provisions of Executive Order no. 26, dated October 7, 1992, "Prescribing Procedures and Sanctions to Ensure Speedy Disposition of Administrative Cases," and in view of the agreement made by the parties during the preliminary conference held last January 16, 2008, where earnest efforts .towards a compromise agreement failed, the parties are hereby directed to submit within ten (10) days from receipt hereof, their respective position, papers and draft decisions which will form the basis of our decision/resolution of the above-entitled case.Hence, the present petition/complaint praying for the respondents to be held in indirect contempt on the ground of forum shopping.
SO ORDERED.20cralawlawlibrary
x x x This doctrine of finality of judgment is grounded on fundamental considerations of public policy and sound practice. In fact, nothing is more settled in .law than that once a judgment attains finality it thereby becomes immutable and unalterable. It may no longer be modified in any respect, even if the modification is meant to correct what is perceived to be an erroneous conclusion of fact or law, and regardless of whether the modification is attempted to be made by the court rendering it or by the highest court of the land.25cralawlawlibrarySimilarly, under the basic principle of res judicata - which means "a matter adjudged; a thing judicially acted upon or decided; a thing or matter settled by judgment" - the rule is that a fmal judgment or decree on the merits by a court of competent jurisdiction is conclusive of the rights of the parties or their privies in all later suits on points and matters determined in the former suit.26 Such points or matters should not be litigated upon or invoked again as such relitigation merely burdens the courts and the taxpayers, creates uneasiness and confusion, and wastes valuable time and energy that could be devoted to worthier cases.27
(a) finality of the former judgment;In the case at bar, the Court finds that the four requisites of res judicata as above-mentioned exist. To illustrate: First, the prior case of Republic v. Guerrero30 has already attained finality and has not been altered nor reversed. Second, it was rendered by this Court in affirmation of the earlier decisions of the trial court and Court of Appeals, all of which have jurisdiction to hear and decide the case. Third, the judgment was.one on the merits, as it declared both the respective rights and duties of the parties based on disclosed facts,31 and after the case had even undergone a fullblown trial. And fourth, the parties, subject matter and causes of action of both cases are the same, the parties in common being the protestants Bustamante or his heirs, on the one hand, and the protestee Guerrero on the other; the subject matter being the amendment or cancellation of Guerrero's title; and the cause of action being the alleged encroachment of Guerrero's titled property on property that allegedly belongs to the Bustamantes. All the aforementioned is evident through a simple reading of this Court's decision in Republic v. Guerrero32 and the protest33 currently pending with the LMB. Hence, in filing the said subsequent protest, private respondents Cora Bustamante and the heirs of Marcelo and Angelina Bustamante committed forum shopping.
(b) the court which rendered it had jurisdiction over the subject matter and the parties;
(c) it must be a judgment on the merits; and
(d) there must be, between the first and second actions, identity of parties, subject matter and causes of action.29cralawlawlibrary
RULE 39
Section 1. Execution upon judgments or final orders. - Execution shall issue as a matter of right, or motion, upon a judgment or order that disposes of the action or proceeding upon the expiration of the period to appeal therefrom if no appeal has been duly perfected. (1a)
If the appeal has been duly perfected and finally resolved, the execution may forthwith be applied for in the court of origin, on motion of the judgment obligee, submitting therewith certified true copies of the judgment or judgments or final order or orders sought to be enforced and of the entry thereof, with notice to the adverse party.
The appellate court may, on motion in the same case, when the interest of justice so requires, direct the court of origin to issue the writ of execution.xxxx
Section 47. Effect of judgments or final orders. — The effect of a judgment or final order rendered by a court of the Philippines, having jurisdiction to pronounce the judgment or final order, may be as follows:chanroblesvirtuallawlibrary(a) In case of a judgment or final order against a specific thing, or in respect to the probate of a will, or the administration of the estate of a deceased person, or in respect to the personal, political, or legal condition or status of a particular person or.his relationship to another, the judgment or final order is conclusive upon the title to the thing, the will or administration or the condition, status or relationship of the person, however, the probate of a will or granting of letters of administration shall only be prima facie evidence of the death of the testator or intestate;
(b) In other cases, the judgment or final order is, with respect to the matter directly adjudged or as to any other matter that could have been missed in relation thereto, conclusive between the parties and their successors in interest by title subsequent to the commencement of the action or special proceeding, litigating for the same thing and under the same title and in the same capacity; and
(c) In any other litigation between the same parties or their successors in interest, that only is deemed to have been adjudged in a former judgment or final order which appears upon its face to have been so adjudged, or which was actually and necessarily included therein or necessary thereto.59cralawlawlibrary
As a final note, it bears emphasis that res judicata exists as a rule of reason, justice, fairness, expediency, practical necessity, and public tranquility.60 Public policy, judicial orderliness, economy of judicial time, and the interest of litigants, as well as the peace and order of society, all require that stability should be accorded judgments, that controversies once decided on their merits shall remain in repose, that inconsistent judicial decisions shall not be made on the same set of facts, and that there be an end to litigation which, without the doctrine of res judicata, would be endless.61
As a principle, res judicata stands upon two (2) grounds, namely: (1) public policy and necessity which makes it to the interest of the State that there should be an end to litigation; and (2) the hardship on the individual that he should be vexed twice for the same cause.62
Willful and deliberate violation of the rule against forum shopping is a ground for summary dismissal of the case and it may also constitute direct contempt of court.63 Meanwhile, disobedience of or resistance to a lawful judgment of the Court is indirect contempt.64 Direct contempt is punishable by a fine not exceeding two thousand pesos (Php2,000.00) or imprisonment not exceeding ten (10) days, or both, if committed against a Regional Trial Court or a court of equivalent or higher rank.65 Indirect contempt, meanwhile, committed against a Regional Trial Court or a court of equivalent or higher rank is punishable with a fine not exceeding thirty thousand pesos (Php30,000.00) or imprisonment not exceeding six (6) months, or both.66
In conclusion, private respondents are hereby found guilty of direct contempt of court for forum shopping,67 while public respondents, for lack of basis, are absolved of the charge of indirect contempt. In addition, although it is noted that private respondents' counsel, Atty. Vicente D. Millora, was not herein impleaded as respondent in the contempt charge, this Court finds in the record that he was the counsel who assisted private respondents in filing their second Protest with the LMB and, thus, likely aided in or facilitated the forum shopping. Following this court's ruling in Sotto v. Palicte, in which it was held that "the acts of a party or his counsel clearly constituting wilful and deliberate forum shopping shall be ground for the summary dismissal of the case with prejudice, and shall constitute direct contempt, as well as be a cause for administrative sanctions against the lawyer," this Court hereby orders Atty. Millora to show cause, in writing, within fifteen (15) days from receipt of this Decision, why he, too, should not be cited in direct contempt for forum shopping.cralawred
WHEREFORE, premises considered, the petition is hereby PARTIALLY GRANTED and, accordingly, private respondents heirs of Marcelo Bustamante, represented by and including Cora Bustamante, are hereby found guilty of DIRECT CONTEMPT of court and collectively penalized with a FINE of TWO THOUSAND PESOS (Php2,000.00). The petition to cite public respondents for indirect contempt is DENIED.
Atty. Vicente D. Millora is DIRECTED to show cause, in writing, within fifteen (15) days from receipt of this Decision, why he, too, should not be cited in direct contempt for forum shopping.
SO ORDERED.chanroblesvirtuallawlibrary
Velasco, Jr., (Chairperson), Villarama, Jr., Reyes, and Jardeleza, JJ., concur.
Endnotes:
1Rollo, pp. 4-5, 12.
2Id.at 4-5, 12-14.
3 The Spouses Bustamante are the predecessors of private respondents Heirs of Marcelo Bustamante (represented by Cora Bustamante).
4 Now the Director of the Land Management Bureau, per Executive Order No. 192 (June 10, 1987), Sec. 14.
5Rollo, p. 5.
6 Now the Department of Environment and Natural Resources (DENR), also per EO No. 192, Sec. 2.
7Rollo, pp. 6, 17-26.
8Id. at 6, 115-116.
9 Mat 6, 115-119.
10Id. at 6.
11Id. at 6, 27-35.
12Id. at 7, 36-42, 91-100.
13 520 Phil. 296 (2006).
14 Formerly the Bureau of Lands.
15Rollo, pp. 7, 61-71.
16Id. at 64.
17Id. at 67-68.
18Id. at 68-69.
19Id. at 7, 72.
20Id. at 7, 73.
21Brown-Araneta v. Araneta, G.R. No. 190814, October 9, 2013, 707 SCRA 222, 243-244, citing Ligon v. Court of Appeals, G.R. No. 127683, August 7, 1998, 294 SCRA 73, 99.
22So v. Court of Appeals, 415 Phil. 705, 711 (2001); Juani v. Alarcon, 532 Phil. 585, 604 (2006); Del Rosario, Jr. v. People, 525 Phil. 261, 269 (2006).
23De la Cruz v. Paras, 161 Phil. 715, 724 (1976).
24 It is for the common good that there be an end to litigation.
25Juani v. Alarcon, supra note 22, citing Honoridez v. Mahinay, 504 Phil. 204, 213 (2005). (Emphasis ours)
26Mallion v. Alcantara, 536 Phil. 1049, 1054 (2006).
27Camara v. Court of Appeals, 369 Phil. 858, 865 (1999).
28Borra v. Court of Appeals, G.R. No. 167484, September 9, 2013, 705 SCRA 222, 236-237. The two concepts are distinguished, to wit:chanroblesvirtuallawlibraryThere is "bar by prior judgment" when, as between the first case where the judgment was rendered and the second case that is sought to be barred, there is identity of parties, subject matter, and causes of action. In this instance, the judgment in the first case constitutes an absolute bar to the second action. Otherwise put, the judgment or decree of the court of competent jurisdiction on the merits concludes the litigation between the parties, as well as their privies, and constitutes a bar to a new action or suit involving the same cause of action before the same or other tribunal.29Perez v. Court of Appeals, 502 Phil. 346, 364 (2005), citing Cartel v. Court of Appeals, G.R. No. 114275, July 7, 1997, 275 SCRA 97.
But where there is identity of parties in the first and second cases, but no identity of causes of action, the first judgment is conclusive only as to those matters actually and directly controverted and determined and not as to matters merely involved therein. This is the concept of res judicata known as "conclusiveness of judgment." Stated differently, any right, fact or matter in issue directly adjudicated or necessarily involved in the determination of an action before a competent court in which judgment is rendered on the merits is conclusively settled by the judgment therein and cannot again be litigated between the parties and their privies whether or not the claim, demand, purpose, or subject matter of the two actions is the same.
30Supra note 13.
31Luzon Development Bank v. Conquilla, 507 Phil. 509, 534 (2005).
32Supra note 13.
33Rollo, pp. 61-69.
34Id. at 101-113, 221-226.
35Supra note 13.
36 The procedure that private respondents are following is pursuant to the following legal provisions:chanroblesvirtuallawlibrary1) Presidential Decree No. 1529, as amended, otherwise known as the Property Registration Decree, Sec. 103. "Whenever public land is by the Government alienated, granted or conveyed to any person, the same shall be brought forthwith under the operation of this Decree xxx After due registration and issuance of the certificate of title, such land shall be deemed to be registered land to all intents and purposes under this Decree."Further the Director of Lands has the authority to investigate whether title to alienable land was secured through fraud for purposes of a possible case for reversion. Republic v. De Guzman, 383 Phil. 151, 160-161 (2000).
2) Id., See. 108. "No erasure, alteration, or amendment shall be made upon the registration book after the entry of a certificate of title or of a memorandum thereon and the attestation of the same be Register of Deeds, except by order of the proper Court of First Instance (now Regional Trial Court)."
3) Commonwealth Act No. 141, Sec. 101. All actions for the reversion to the Government of lands of the public domain or improvements thereon shall be instituted by the Solicitor-General or the officer acting in his stead, in the proper courts, in the name of the Commonwealth of the Philippines.
37Supra note 13.
38Garcia v. Sandiganbayan, 499 Phil. 589, 621 (2005), citing Gatmaytan v. Court of Appeals, 335 Phil. 155, 167 (1997).
39Air Materiel Wing Savings and Loan Association, Inc., v. Manay, 575 Phil. 591, 605 (2008).
40Heirs of Sotto v. Palicte, G.R. No. 159691, February 17, 2014, 716 SCRA 175, 178.
41Chua v. Metropolitan Bank and Trust Co., 613 Phil. 143, 153-154 (2009), citing Collantes v. Court of Appeals, 546 Phil. 391, 400 (2007); Ao-As v. Court of Appeals, 524 Phil. 645, 660 (2006).
42Heirs of De Leon v. Court of Appeals, 466 Phil. 6697, 713 (2004).
43Aromin v. Floresca, 528 Phil. 1165, 1190 (2006) citing Luzon Development Bank v. Conquilla, supra note 31, at 532.
44Estate of Sotto v. Palicte, 587 Phil. 586, 595 (2008), citing Crucillo v. Office of the Ombudsman, 552 Phil. 699, 717 (2007).
45Id., citing Valencia v. RTC of Quezon City, Br. 90, 262 Phil. 938, 949 (1990).
46Supra note 13.
47Heirs of De Leon v. Court of Appeals, supra note 42.
48 RULES OF COURT, Rule 7, Sec. 5.
49Remman Enterprises Inc. v. Court of Appeals, G.R. No. 107671, February 26, 1997; Rosario Textile Mills Inc. v. Court of Appeals, G.R. No. 137326, August 25, 2003.
50Suarez v. Commission on Audit, G.R. No. 131077, August 07, 1998, citing REVISED ADMINISTRATIVE CODE, Book I, Chapter 9, Sees. 38 and 39, to wit:chanroblesvirtuallawlibrarySec. 38. Liability of Superior Officers. - (1) A public officer shall not be civilly liable for acts done in the performance of his official duties, unless there is a clear showing of bad faith, malice or gross negligence.51Supra note 42.xxx
Sec. 39. Liability of Subordinate Officers. - No subordinate officer or employee shall be civilly liable for acts done by him in good faith in the performance of his duties. However, he shall be liable for willful or negligent acts done by him which are contrary to law, morals, public policy and good customs even if he acted under orders or instructions of his superiors.
52 341 Phil. 299 (1997).
53 591 Phil. 140 (2008).
54Supra note 44.
55Ramos v. Ramos, 447 Phil. 114, 119 (2003).
56National Sprituul Assembly of the Baha'is of the Philippines v. Pascual, G.R. No. 169272, July II, 2012, 676 SCRA 96, 105-106, citing Salting v. Velez, G.R. No. 181930, January 10, 2011, 639 SCRA 124, 13 1 and Tamayo v. People, 582 Phil. 306, 319 (2008).
57Republic v. Yu, 519 Phil. 391, 396 (2006).
58Moraga v. Spouses Somo, 532 Phil. 570, 577-578 (2006).
59 Emphasis supplied.
60Villanueva v. Court of Appeals, 349 Phil. 99, 112 (1998), citing Am Jur. 2d, Vol. 46, 1969 Ed. pp 559-561.
61Id.
62Garcia v. Philippine Airlines and/or Trinidad, 580 Phil. 155, 159-260 (2008).
63Madara v. Perello, 584 Phil. 613, 629 (2008); RULES OF COURT, Rule 7, Sec. 5.
64 RULES OF COURT, Rule 71, Sec. 3(a).
65Id. at Sec. 1.
66Id. at Sec. 7.
67Heirs of De Leon v. Court of Appeals, supra note 13, at 718.