801 Phil. 27
JARDELEZA, J.:
WHEREFORE, judgment IS hereby rendered dismissing Gotesco's original complaint and the counterclaim of BSP for being moot and academic; and on the complaint-in-intervention, and annulling:Instead of answering BSP's Complaint, MARRECO filed a Motion to Dismiss[13] dated January 29, 2007 alleging, among others, that: (1) RTC Branch 56 has no jurisdiction because the allegations in the Complaint seek the annulment of a final judgment rendered by a co-equal court; (2) as the issue of ownership of the property was already settled in Civil Case No. MAN-3902 and subsequently in CA-G.R. CV No. 81888 entitled Gotesco Properties, Inc. v. Bangko Sentral and Pilipinas, et al. through the CA's Resolution dated March 11, 2005,[14] BSP's complaint is already barred by res judicata; and (3) BSP is guilty of forum shopping.The Court further orders:
- The Deed of Absolute Sale (Annex "B", Marreco complaint) executed by Marreco in favor of Gotesco;
- The Deed of Real Estate Mortage executed by Ever Electrical and Manufacturing, Inc. and Gotesco Properties, Inc. in favor of Orient Commercial Banking Corporation dated January 13, 1998 over TCT No. 41450, Register of Deeds, Mandaue City (Annex "B", Gotesco Amended Complaint);
- The Deed of Assignment executed by Orient Commercial Banking Corporation in favor of Bangko Sentral ng Pilipinas dated January 9, 1998 in TCT No. 41450 (Annex ''E", Marreco Complaint);
- The Certificate of Sale executed by Atty. Joseph Boholst in favor of Bangko Sentral ng Pilipinas dated September 20, 1998 in TCT No. 41450 (Annex "C", Gotesco Complaint);
- The Affidavit of Consolidation executed by Bangko Sentral ng Pilipinas dated September 26, 2000, annotated in TCT No. 41450, Annex "F" (Marreco Complaint).
SO ORDERED.[12]
- The cancellation of TCT No. 41450 issued in the name of Gotesco Properties, Inc. (Annex "A", Gotesco Complaint);
- The restoration or reinstatement of TCT No. 40447 in the name of Mandaue Realty and Resources Corporation (Annex "A", Marreco Complaint) and cancelling annotations under Entry Nos. 5184, 5185, 5186, and 5187, all inscribed on August 21, 1997 in the Memorandum of Encumbrances thereof;
- Gotesco Properties, Inc. to pay to Mandaue Realty and Resources Corporation the sum of P1,000,000.00 for and as attorney['s] fees.
WHEREFORE, foregoing premises considered, and without necessarily going into the merits of this case[,] the Court, in the interest of justice and judicial stability, has decided to, as it hereby decides, to GRANT the Defendant's Motion to Dismiss.BSP timely appealed the aforesaid Order by filing a Notice of Appeal and its Appellant's Brief.[19]
Accordingly, this case is hereby ordered DISMISSED.
SO ORDERED.[18]
In Sevilleno v. Carilo,[34] citing Macawiwili Gold Mining and Development Co., Inc. v. Court of Appeals,[35] we summarized:
(a) If the issues raised involve questions of fact or mixed questions of fact and law, the proper recourse is an ordinary appeal to the CA in accordance with Rule 41 in relation to Rule 44 of the Rules of Court; and (b) If the issues raised involve only questions of law, the appeal shall be to the Court by petition for review on certiorari in accordance with Rule 45 of the Rules of Court.[33] (Emphasis supplied.)
A question of law exists when there is doubt or controversy as to what the law is on a certain state of facts, and there is a question of fact when the doubt or difference arises as to the truth or falsehood of facts, or when the query necessarily invites calibration of the whole evidence considering mainly the credibility of witnesses, existence and relevancy of specific surrounding circumstances, their relation to each other and to the whole and probabilities of the situation.[37] No examination of the probative value of the evidence would be necessary to resolve a question of law. The opposite is true with respect to questions of fact.[38]
(1) In all cases decided by the RTC in the exercise of its original jurisdiction, appeal may be made to the Court of Appeals by mere notice of appeal where the appellant raises questions of fact or mixed questions of fact and law; (2) In all cases decided by the RTC in the exercise of its original jurisdiction where the appellant raises only questions of law, the appeal must be taken to the Supreme Court on a petition for review on certiorari under Rule 45[;] (3) All appeals from judgments rendered by the RTC in the exercise of its appellate jurisdiction, regardless of whether the appellant raises questions of fact, questions of law, or mixed questions of fact and law, shall be brought to the Court of Appeals by filing a petition for review under Rule 42.[36] (Emphasis supplied)
Meanwhile, in its Appellant's Brief, BSP explained that while the January 19, 2004 Order of the trial court in Civil Case No. MAN-3902 did not direct the cancellation of TCT No. 46781, the Register of Deeds of Mandaue City, without notice to BSP, proceeded to cancel TCT No. 46781. As a result, BSP was compelled to file an action for annulment of title and reconveyance or annulment of title, the action subject of the present petition.[42] BSP argued that the trial court, in granting MARRECO's Motion to Dismiss, erred in concluding that to rule otherwise would amount to an intrusion into an order of a co-equal court. According to BSP, contrary to the pronouncement of the trial court in its March 22, 2007 Order, there can be no intrusion into an order of a co-equal court since Civil Case No. MAN-3902 did not order the cancellation of TCT No. 46781 while BSP's complaint for annulment of title and reconveyance or annulment of title assails the Register of Deeds' cancellation of TCT No. 46781.[43]
1) In rendering the assailed order, the trial court erred in concluding that to assume jurisdiction over the instant case will operate to trespass upon or intrude into the exclusive domain and realm of a co-equal court. 2) Similarly, the trial court committed an erroneous appreciation of the true import of the Order dated [January 19,] 2004 issued by Judge Ulric R. Cañete. 3) The order dismissing the case of quieting of title has practically disregarded and rendered meaningless the provisions of the Philippine Civil Code, Chapter 3 entitled Quieting of Title. 4) Under the peculiar facts and law of the case below, the Honorable Court should remand the case to the trial court for further proceedings as mandated by the Rules of Court involving claims by the citizens of the country instead of dismissing the case on technicality when the same does not apply at all considering the abrogation or denial of the right of BSP to seek redress of its claims[.][41]
It is indubitable that what impelled BSP to file the instant complaint for annulment of title and reconveyance or quieting of title before RTC Branch 56, docketed as Civil Case No. Man-5524 is not the Decision of January 19, 2004 rendered by RTC, Branch 55 in Civil Case No. Man-3902 but the subsequent cancellation of BSP's title without any court order to that effect. From this premise, the issue on whether or not the assumption of jurisdiction over the instant case is equivalent to annulment of judgment of a coequal tribunal is considered a question of fact. The surrounding facts which brought about the cancellation of BSP's title need to be examined to determine whether the complaint subject of the present appeal is indeed one that amounts to the annulment of judgment of a co-equal court.Given the mixed questions of law and fact raised, BSP properly elevated the RTC's March 22, 2007 Order to the CA on ordinary appeal under Rule 41, Section 2 of the Rules of Court.
At first glance, this issue appears to involve a question of law since it does not concern itself with the truth or falsity of certain facts. Still, in order that this Court can make a ruling on the nature of the action instituted before RTC, Branch 56, it has to evaluate the existence and the relevance of the circumstances that led to the cancellation of BSP's title. The determination of these facts is crucial as it will resolve whether the assumption of jurisdiction over the instant case would indeed tantamount to violation of the doctrine on non-interference, whether the cancellation of BSP's title by virtue of the Order of January 19, 2004 rendered by RTC, Branch 55 is proper though the order is silent on the matter, whether such cancellation is tantamount to a collateral attack on BSP's title. In short, in order to address fully the issues raised by BSP in its Brief, this Court necessarily has to make factual findings.
Notably, plaintiff-appellant brought the present appeal raising mixed questions of fact and law. BSP impugns the decision of the RTC dismissing its complaint on the ground that it violates the principle on non-interference to a co equal court The resolution of the propriety of dismissal entails a review of the factual circumstances that led the trial court to decide in such manner. Further, BSP also questions the lower court's appreciation of the true import of the Order dated January 19, 2004 and its disregard of the provisions under the Civil Code on quieting of title. Hence, the filing of the present appeal before US is proper.[44]
| Very truly yours, |
(SGD) | |
WILFREDO V. LAPITAN | |
Division Clerk of Court |
(a) | Ordinary appeal. - The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its original jurisdiction shall be taken by filing a notice of appeal with the court which rendered the judgment or final order appealed from and serving a copy thereof upon the adverse party. No record on appeal shall be required except in special proceedings other cases of multiple or separate appeals where the law or these Rules so require. In such cases, the record on appeal shall be filed and served in like manner. |
(b) | Petition for review. - The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its appellate jurisdiction shall be by petition for review in accordance with Rule 42. |
(c) | Appeal by certiorari. - In all cases where only questions of law are raised or involved, the appeal shall be to the Supreme Court by petition for review on certiorari in accordance with Rule 45. |