654 Phil. 369
CARPIO, J.:
On 17 October 1991, [Resins, Inc.] filed x x x Land Registration Case [No. N-91-012] before the [RTC] for judicial confirmation of title over eight (8) parcels of land situated in the Municipality of Jasaan, Misamis Oriental. The initial hearing for said case was originally set on 4 February 1992. Prior to said date of hearing, the [LRA] filed with the [RTC] a report recommending that an Order be issued to [Resins, Inc.] directing it to submit the names and complete postal addresses of the adjoining lot owners, and that after complying with the said Order, the initial hearing be reset "on a date consistent with LRC Circular No. 353."
Pursuant to the LRA recommendation, the application for original registration of titles was amended. Thereupon, the [RTC] issued an Order dated 17 January 1992 setting the initial hearing on 30 April 1992.
On 10 February 1992, the OSG entered its appearance as counsel of the Republic x x x. In its notice of appearance, the [OSG] manifested thus:The City Prosecutor of Cagayan de Oro City has been authorized to appear in this case and, therefore, should also be furnished notices of hearings, orders, resolutions, decisions, processes. However, as the Solicitor General retains supervision and control of the representation in this case and has to approve withdrawal of the case, non-appeal or other actions which appear to compromise the interests of the Government, only notices of orders, resolutions, and decisions served on him will bind the party represented.
On 27 February 1992, the OSG received the notice of initial hearing of the application. The notice of the initial hearing was also served on the Regional Executive Director of the Department of Environment and Natural Resources, the Secretary of the Department of Public Works and Highways, the Director of the Bureau of Mines, the Director of the Bureau of Fisheries and Aquatic Resources, the Secretary of the Department of Agrarian Reform, the Director of the Forest Management Bureau, the Provincial Governor, the Provincial Fiscal, the Provincial Treasurer, the Provincial Engineer, the Public Works and Highways District Engineer, the Community Environment and Natural Resources Officer, Land Management Sector, the Municipal Mayor, the Municipal Council of Jasaan, Misamis Oriental, the adjoining lot owners, and to all whom it may concern.
The notice of initial hearing was published in the 16 March 1992 issue of the Official Gazette and the 11 March 1992 issue of the Golden Chronicle pursuant to Section 23 of Presidential Decree No. 1529. On 19 March 1992, the City Sheriff posted the notice on the parcels of land sought to be registered, at the municipality building, and in conspicuous places in the Municipality of Jasaan, Misamis Oriental.
During the initial hearing on 30 April 1992, the [RTC] issued an Order of general default against the whole world except against [the Republic] who had filed its opposition to the application and one RENATO BAUTISTA who intimated to the [RTC] that he would file his opposition.
Subsequent hearings were conducted on the following dates: 16 July 1992, 23 July 1992, 15 September 1992, and 16 December 1992.
On 08 January 1993, [Resins, Inc.] filed Applicant's Formal Offer of Documentary Evidence.
On 04 February 1993, the [RTC] issued an Order which states:Considering the fact that all the exhibits of the applicant Resins, Incorporated were duly identified and attested to by the witnesses for the applicant and considering the fact that no opposition was filed by the government to the said exhibits, all the exhibits of the applicant from Exhibits "A" to "N," inclusive, are hereby admitted as part of the testimonies of the witnesses for the applicant.
SO ORDERED.[8]
In [v]iew of the [f]oregoing, judgment is hereby rendered finding applicant Resins Incorporated, as owner in fee simple of all the lots sought to be registered - Lot 980, Cad-367, Lot 1371, Cad-367, Lot 1372, Cad-367, Lot 1373, Cad-367, Lot 1417, Cad-367, Lot 3462, Cad-267, Lot 3463, Cad-367, and Lot 3465, Cad-367, all of Jasaan Cadastre and having registerable [sic] titles thereto, hereby decreeing that Lot Nos. 980, 1371, 1372, 1373, 1417, 3462, 3463, and 3465 be registered in the name of Resins Incorporated, a corporation organized pursuant to the laws of the Philippines with its main office located at Jasaan, Misamis Oriental, in accordance with the technical descriptions correspondingly marked as Exhibits A-2, B-2, C-2, D-2, E-2, F-2, G-2, and H-2.
SO ORDERED.[10]
1. That on March 17, 1993, the [RTC] rendered judgment approving the above-captioned application;
2. That up to the present no decree of registration has been issued and upon inquiry from the [LRA] [Resins, Inc.] learned that the reason is because [sic] there are two (2) typographical errors in the judgment, to wit:a. Lot No. 3464 appearing on page 2, subpar[.] (g), line 1 should be Lot 3463 because par. 1 on the application shows that the 7th lot applied for is Lot 3463;
b. That material omissions were made on page 4, line 31 as follow[s]:
ORIGINAL WORDINGS:"poses per Tax Dec. Nos. 858391 and 09352 marked Cad-367, Jasaan"
which should read as follows after supplying the omissions:"poses per Tax Dec. Nos. 858391 and 09352 marked Exhs. E-3 and E-6, that Lot 3463, Cad-367, Jasaan"[11]
Submitted before this court is the "Second Motion to Order the LRA to Issue a Decree of Registration, etc." dated May 10, 1999 and filed on June 14, 1999 praying that
"1. The appeal filed by the [OSG] on May 12, 1994 or more than one (1) year from receipt of the original judgment, be ordered dismissed;
"2. Another order be issued directing the LRA to issue a decree of registration for the eight (8) lots enumerated in par. 1 hereof, based on the Amended Judgment dated March 16, 1994 and for other reliefs due under the premises."
Despite notice to the Solicitor General[,] he or his representative did not appear in the hearing of June 18, 1999, nor did he file an opposition to the motion.
The Court finds the motion meritorious. The motion is granted. Hence, the [OSG]'s appeal of May 12, 1999 is dismissed. The Land Registration Authority (LRA) is hereby directed to issue a decree of registration in favor of [Resins, Inc.] for Lots 986, 1371, 1372, 1373, 1417, 3462, 3463, and 3465, CAD-367 of the Jasaan Cadastre after the judgment dated March 17, 1993 became final and executory.
SO ORDERED.
For resolution is the motion for reconsideration filed by the oppositor Republic of the Philippines represented by the Office of the Solicitor General of the order dismissing the notice of appeal filed by the said oppositor alleging that the Republic was never furnished copy of the judgment dated March 17, 1993 and that an amended order of the decision is entirely new which supersedes the original decision.
The motion was vehemently opposed by the applicant alleging that the Cagayan de Oro City Prosecutor received copy of the said judgment on March 29, 1993 while the Office of the Solicitor General, the Land Registration Authority, and the Bureau of Lands received copy of the judgment on April 6, 1993.
The records of the case shows [sic] that indeed these offices received the copy of the judgment as mentioned in the opposition per return slips attached to the records. Since there is no appeal filed within 30 days from receipt of the judgment, the judgment of this Court therefore has already become final and executory.
Anent the issue that the amended judgment supersedes the original judgment and as correctly pointed out by the applicant, the amendment pertains to harmless clerical errors in pages 2 and 4 of the original judgment but the dispositive portion confirming applicant's ownership over the lots was not changed.
I. The Court of Appeals gravely erred in not holding that the RTC of Misamis Oriental, Branch 20 acted with grave abuse of discretion amounting to lack or excess of jurisdiction when it dismissed [the Republic's] notice of appeal (in its Order dated July 7, 1999) and subsequently denied [the Republic's] motion for reconsideration of such dismissal (in its Order dated May 28, 2003) because of the clear showing that the OSG, as [the Republic's] statutory counsel, was not actually notified of and/or had not received a copy of the original Judgment dated March 17, 2003 in Land Registration Case No. N-91-912.
II. The Court of Appeals has gravely erred in not holding that the RTC of Misamis Oriental, Branch 20 acted with grave abuse of discretion amounting to lack or excess of jurisdiction in issuing the July 7, 1999 and May 28, 2003 Orders which unduly deprived petitioner of its opportunity to interpose an appeal from the original Judgment dated March 17, 1993 and/or Amended Judgment dated January 17, 1994 in the subject land registration case which found respondent-applicant Resins Incorporated to have registrable title to all the eight (8) lots applied for despite lack of clear factual and legal basis to support the conclusion that "applicant and his predecessor-in-interest had openly, continuosly [sic], adversely and uninterruptedly been in possession of the lots as owned for about 40 years prior to filing of the application.[22]
Sec. 5. Service by registered or ordinary mail. ‒ If service is not made personally, service by registered mail shall be required if registry service exists in the locality; otherwise service may be made by depositing the copy in the post office, in a sealed envelope, plainly addressed to the party or his attorney at his office, if known, otherwise at his residence, if known, with postage fully prepaid, and with instructions to the postmaster to return the mail to the sender after ten (10) days if undelivered.[23]
Sec. 7. Service of judgments, final orders or resolutions. ‒ Judgments, final orders or resolutions shall be served either personally or registered mail. x x x[24]
Sec. 8. Completeness of service. ‒ x x x Service by registered mail is complete upon actual receipt by the addressee, but if he fails to claim his mail from the post office within five (5) days from the date of first notice of the postmaster, service shall take effect at the expiration of such time.[25]
Sec. 10. Proof of service. ‒ x x x If the service is by ordinary mail, proof thereof shall consist of an affidavit of the person mailing of facts showing compliance with section 5 of this rule. If service is made by registered mail, proof shall be made by such affidavit and the registry receipt issued by the mailing office. The registry return card shall be filed immediately upon its receipt by the sender, or in lieu thereof the letter unclaimed together with the certified or sworn copy of the notice given by the postmaster to the addressee.[26]
C E R T I F I C A T I O N
This certifies that the original carbon copy of the Judgment of the above-entitled case appearing on pages 484-488 dated March 17, 1993 was received by the Office of the Solicitor-General on April 6, 1993 as per return slip. A copy of which is attached herewith.
Posted on this 13[th] day of August, 1999 in the city of Cagayan de Oro.TAUMATURGO U. MACABINLARClerk of Court V[32]
We find that the service of the judgment rendered in the case suffers from two defects, namely, there is no affidavit of the clerk of court, the person mailing, and there is no registry return card, or a certified or sworn copy of the notice given by the postmaster to the addressee.[33] (Emphasis supplied)