480 Phil. 764
AUSTRIA-MARTINEZ, J.:
WHEREFORE, in view of all the foregoing circumstances, the Decision dated May 10, 1995 is hereby SET ASIDE and a new one entered declaring plaintiffs possessors and owners of 1,780 hectares on the eastern portion of the 3,780 hectares of land described as Lot 21, PLS 799 of the Tagaloan Public Land Subdivision and quieting their title thereto and declaring the defendants owners and possessors of the remaining portion of 2,000 hectares on the western side of Lot 21, PLS 799 of the Tagaloan Public Land Subdivision.This case began with a complaint for Quieting of Title with Damages filed by petitioners against respondents on June 26, 1973. In their complaint, petitioners alleged that they are the co-owners of a parcel of coconut land located in Sta. Cruz, Tagoloan, Misamis Oriental, described as follows:
No award for attorney’s fees, litigation expenses and exemplary damages is made.
No costs.
SO ORDERED.
A parcel of Coconut Land, situated at Sta. Cruz, Tagoloan, Misamis Oriental, bounded on the North by Mr. Juan Llenares, on the East by Rosito Mabayo; on the South by Francisco Nabong, and on the West by Rosito Juan Llenares, with an area of 1.4892 hectares, planted with 204 coconut trees, and assessed in the amount of P2,130.00 per lates (sic) Tax Declaration No. 19831, for the current year.[3] (Emphasis supplied)Petitioners base their claim of ownership over the property on several tax declarations issued in the name of their father, the deceased Francisco Nabong, coupled with open, adverse and continuous possession thereof for almost thirty years. They alleged that respondents, despite knowledge of petitioners’ ownership, filed a malicious complaint with the Office of the Provincial Commander of Cagayan de Oro City, asserting an adverse interest on their property. Thus, petitioners prayed that they be declared as the true and absolute owners of the property.[4]
Based on these findings, Commissioner Beltran concluded that “Tax Declaration No. 19831 in the name of late Francisco Nabong, and Tax Declaration No. 339 in the name of the late Apolonio Añar are one and the same property as actually verified in the field and as described in this report.”[10]
- That during the inspection it was verified that the property described under tax declaration No. 19831 pertains to Lot No. 21, PLS 799, Case No. 1 of the Cadastral Survey of the Bureau of Lands, . . .
- That the area covered by the said survey was 37,800 square meters, more or less;
. . .
- That on March 2, 1989, the second inspection was conducted to ascertain tax declaration No. 339 declared in the name of Apolonio Añar and this time guided by the Heirs of Apolonio Añar;
. . .
- That after touring around the property, it was ascertained that the property, or the lot for that matter, pinpointed by their heirs of Apolonio Añar was the very exact property pinpointed by Mr. Leonides Nabong during the first inspection;[9]
WHEREFORE, by clear preponderance of evidence, plaintiffs have proven not only their possession of the property subject matter of the litigation but ownership as well and are therefore entitled to the removal of any cloud of doubt existing over their ownership of property. The defendants are therefore precluded from making any claim or possession of ownership over the subject matter as the same is the ownership of the plaintiffs who are entitled to possess the same.On appeal by respondents, the Court of Appeals set aside the trial court’s decision and entered a new one declaring petitioners as owners of 1,780 hectares on the eastern portion of the 3,780 hectares of land described as Lot 21, PLS 799 of the Tagalog Public Land Subdivision, while respondents were declared owners of the remaining portion of 2,000 hectares on the western side of Lot 21, PLS 799.[12]
Defendants are likewise ordered to pay the plaintiffs the sum of P10,000.00 as attorney’s fees, P5,000.00 for reasonable litigation expenses, and exemplary damages in the amount of P5,000.00.
SO ORDERED.[11]
NORTH | : | JUAN LLENARES |
EAST | : | ROSITO MABAYO |
SOUTH | : | FRANCISCO NABONG |
WEST | : | JUAN LLANARES |
NORTH | : | JUAN LLENARES |
EAST | : | FRANCISCO NABONG |
SOUTH | : | FRANCISCO NABONG |
WEST | : | TAGOLOAN RIVER |
NORTH | : | CAD LOT 18 OF HEIRS OF JUAN LLENARES |
| | CAD LOT 29 OF CARMEN CASIÑO |
EAST | : | CAD LOT 28 OF HEIRS OF JUAN LLENARES |
| | CAD LOT 26 OF RENITA NABONG |
| | CAD LOT 25 OF ROSALINO NABONG |
| | CAD LOT 22 OF EVAGRIO NABONG |
| | CAD LOT 737 OF CERTAIN CASIÑO |
SOUTH | : | TAGOLOAN RIVER AND NATIONAL HIGHWAY |
WEST | : | DRIED-UP PORTION OF TAGOLOAN RIVER |
It is noted that as aforestated, the complaint of plaintiffs-appellees for quieting of title is only for an area of 1.4892 hectares. Defendants-appellants, on the other hand, claim only 2,000 hectares of land which is also a portion of Lot 21, PLS 799 of the Tagoloan Public Land Subdivision which has a total area of 3.7800 hectares. Both parties have sufficiently proven by preponderance of evidence their respective claims. There is no justification for the plaintiffs applying for a free patent over the whole Lot 21, when they only claim 1.4892 hectares.Because of these findings by the trial and appellate courts, the Court now is in a quandary as to the identity of the property in litigation. It would be futile for the Court to reconcile the boundaries, location and exact measurement of the subject property, as the tax declarations submitted by both parties do not conform to the boundaries set in Lot 21, and no amount of effort will facilitate in identifying with certainty the subject property vis-à-vis the tax declarations of the parties.
This Court has found merit in defendants-appellants’ contention that the trial court erred when it declared plaintiffs to be the sole owners of the subject land. Considering that Lot 21, PLS 779 of the Tagoloan Public Land Subdivision has a total area of 3.7800 hectares which is being claimed by the parties herein, in order to afford substantial justice and equity for both parties, this Court finds it proper to modify the judgment appealed from, so as to give both parties the portions they claim.[16]