Lawyerly

GR No. 173186

2015-09-16

JARDELEZA, J.

An action for reconveyance is a legal and equitable remedy granted to the rightful owner of land which has been wrongfully or erroneously registered in the name of another for the purpose of compelling the latter to transfer or reconvey the land to him.[40] In an action for reconveyance, the decree of registration is respected as incontrovertible. What is sought instead is the transfer of the property, which has been wrongfully or erroneously registered in another person's name, to its rightful and legal owner, or to one with a better right.[41] However, such recourse cannot be availed of once the property has passed to an innocent purchaser for value. For an action for reconveyance to prosper, the property should not have passed into the hands of an innocent purchaser for value.[42]

GR No. 184371

2014-03-05

SPS. MARIO AND JULIA CAMPOS v. REPUBLIC

BRION, J.

The general rule that an assignment of error is essential to appellate review and only those errors assigned will be considered applies in the absence of certain exceptional circumstances. As exceptions to the rule, the Court has considered grounds not raised or assigned as errors in instances where: (1) grounds not assigned as errors but affecting jurisdiction over the subject matter; (2) matters not assigned as errors on appeal but are evidently plain or clerical errors within the contemplation of the law; (3) matters not assigned as errors on appeal, whose consideration is necessary in arriving at a just decision and complete resolution of the case or to serve the interest of justice or to avoid dispensing piecemeal justice; (4) matters not specifically assigned as errors on appeal but raised in the trial court and are matters of record having some bearing on the issue submitted which the parties failed to raise or which the lower court ignored; (5) matters not assigned as errors on appeal but are closely related to the assigned error/s; and (6) matters not assigned as errors on appeal, whose determination is necessary to rule on the question/s properly assigned as errors.[9] The present case falls into the exceptions.

GR No. 190810

2012-07-18

LORENZA C. ONGCO v. VALERIANA UNGCO DALISAY

SERENO, J.

Intervention is a remedy by which a third party, not originally impleaded in the proceedings, becomes a litigant therein for a certain purpose: to enable the third party to protect or preserve a right or interest that may be affected by those proceedings.[13] This remedy, however, is not a right. The rules on intervention are set forth clearly in Rule 19 of the Rules of Court, which reads: Sec. 1. Who may intervene. - A person who has a legal interest in the matter in litigation, or in the success of either of the parties, or an interest against both, or is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or of an officer thereof may, with leave of court, be allowed to intervene in the action. The court shall consider whether or not the intervention will unduly delay or prejudice the adjudication of the rights of the original parties, and whether or not the intervenor's rights may be fully protected in a separate proceeding.

GR No. 169481

2010-02-22

REPUBLIC v. HEIRS OF JULIO RAMOS

DEL CASTILLO, J.

It is unfortunate that despite the mandatory nature of the above requirements[19] and our constant reminder to courts to scrutinize and verify carefully all supporting documents in petitions for reconstitution,[20] the same still escaped the attention of the trial court and the CA. And while petitioner also overlooked those jurisdictional infirmities and failed to incorporate them as additional issues in its petition, this Court has sufficient authority to pass upon and resolve the same since they affect jurisdiction.[21]

GR No. 161925

2009-11-25

SPS. EXEQUIEL LOPEZ AND EUSEBIA LOPEZ v. SPS. EDUARDO LOPEZ AND MARCELINA R. LOPEZ

NACHURA, J.

An action for reconveyance is a legal and equitable remedy granted to the rightful owner of a land which has been wrongfully or erroneously registered in the name of another for the purpose of compelling the latter to transfer or reconvey the land to him.[12] The action does not seek to reopen the registration proceedings and to set aside the decree of registration but only purports to show that the person who secured the registration of the property in controversy is not the real owner thereof.[13]

GR No. 156052

2008-02-13

SOCIAL JUSTICE SOCIETY v. JOSE L. ATIENZA

CORONA, J.

Intervention is a remedy by which a third party, not originally impleaded in the proceedings, becomes a litigant therein to enable him, her or it to protect or preserve a right or interest which may be affected by such proceedings.[50] The pertinent rules are Sections 1 and 2, Rule 19 of the Rules of Court:SEC. 1. Who may intervene. A person who has a legal interest in the matter in litigation, or in the success of either of the parties, or an interest against both, or is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or of an officer thereof may, with leave of court, be allowed to intervene in the action. The court shall consider whether or not the intervention will unduly delay or prejudice the adjudication of the rights of the original parties, and whether or not the intervenor's rights may be fully protected in a separate proceeding.

GR NO. 128099

2006-12-20

FELIX CAMITAN v. CA

TINGA, J.

Annulment of judgment is a recourse equitable in character, allowed only in exceptional cases as where there is no available or other adequate remedy.[19] An action for annulment of judgment is grounded only on two justifications: (1) extrinsic fraud; and (2) lack of jurisdiction or denial of due process. The purpose of such action is to have the final and executory judgment set aside so that there will be a renewal of litigation.[20]

GR NO. 167213

2006-10-31

DARREL CORDERO v. F.S. MANAGEMENT

CARPIO-MORALES, J.

While a party is required to indicate in his brief an assignment of errors and only those assigned shall be considered by the appellate court in deciding the case, appellate courts have ample authority to rule on matters not assigned as errors in an appeal if these are indispensable or necessary to the just resolution of the pleaded issues.[22] Thus this Court has allowed the consideration of other grounds or matters not raised or assigned as errors, to wit: 1) grounds affecting jurisdiction over the subject matter; 2) matters which are evidently plain or clerical errors within the contemplation of the law; 3) matters the consideration of which is necessary in arriving at a just decision and complete resolution of the case or to serve the interest of justice or to avoid dispensing piecemeal justice; 4) matters of record which were raised in the trial court and which have some bearing on the issue submitted which the parties failed to raise or which the lower court ignored; 5) matters closely related to an error assigned; and 6) matters upon which the determination of a question properly assigned is dependent.[23]

GR NO. 168736

2006-04-19

SPS. ADELINA S.CUYCO AND FELICIANO U. CUYCO v. SPS. RENATO CUYCO AND FILIPINA CUYCO

YNARES-SANTIAGO, J.

Procedurally, the appellate court in deciding the case shall consider only the assigned errors, however, it is equally settled that the Court is clothed with ample authority to review matters not assigned as errors in an appeal, if it finds that their consideration is necessary to arrive at a just disposition of the case.[26]

GR NO. 143870

2005-09-30

MANILA INTERNATIONAL AIRPORT AUTHORITY v. RIVERA VILLAGE LESSEE HOMEOWNERS ASSOCIATION

TINGA, J.

Parenthetically, while the procedural rule is that a party is required to indicate in his brief an assignment of errors and only those assigned shall be considered by the appellate court in deciding the case, it is equally settled that appellate courts have ample authority to rule on matters not assigned as errors in an appeal, if these are indispensable or necessary to the just resolution of the pleaded issues.[22]

	GR No. 173186 2015-09-16	ANICETO UY v. CA JARDELEZA, J.
An action for reconveyance is a legal and equitable remedy granted to the rightful owner of land which has been wrongfully or erroneously registered in the name of another for the purpose of compelling the latter to transfer or reconvey the land to him.[40] In an action for reconveyance, the decree of registration is respected as incontrovertible. What is sought instead is the transfer of the property, which has been wrongfully or erroneously registered in another person's name, to its rightful and legal owner, or to one with a better right.[41] However, such recourse cannot be availed of once the property has passed to an innocent purchaser for value. For an action for reconveyance to prosper, the property should not have passed into the hands of an innocent purchaser for value.[42]
	GR No. 184371 2014-03-05	SPS. MARIO AND JULIA CAMPOS v. REPUBLIC BRION, J.
The general rule that an assignment of error is essential to appellate review and only those errors assigned will be considered applies in the absence of certain exceptional circumstances. As exceptions to the rule, the Court has considered grounds not raised or assigned as errors in instances where: (1) grounds not assigned as errors but affecting jurisdiction over the subject matter; (2) matters not assigned as errors on appeal but are evidently plain or clerical errors within the contemplation of the law; (3) matters not assigned as errors on appeal, whose consideration is necessary in arriving at a just decision and complete resolution of the case or to serve the interest of justice or to avoid dispensing piecemeal justice; (4) matters not specifically assigned as errors on appeal but raised in the trial court and are matters of record having some bearing on the issue submitted which the parties failed to raise or which the lower court ignored; (5) matters not assigned as errors on appeal but are closely related to the assigned error/s; and (6) matters not assigned as errors on appeal, whose determination is necessary to rule on the question/s properly assigned as errors.[9] The present case falls into the exceptions.
	GR No. 190810 2012-07-18	LORENZA C. ONGCO v. VALERIANA UNGCO DALISAY SERENO, J.
Intervention is a remedy by which a third party, not originally impleaded in the proceedings, becomes a litigant therein for a certain purpose: to enable the third party to protect or preserve a right or interest that may be affected by those proceedings.[13] This remedy, however, is not a right. The rules on intervention are set forth clearly in Rule 19 of the Rules of Court, which reads: Sec. 1. Who may intervene. - A person who has a legal interest in the matter in litigation, or in the success of either of the parties, or an interest against both, or is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or of an officer thereof may, with leave of court, be allowed to intervene in the action. The court shall consider whether or not the intervention will unduly delay or prejudice the adjudication of the rights of the original parties, and whether or not the intervenor's rights may be fully protected in a separate proceeding.
	GR No. 169481 2010-02-22	REPUBLIC v. HEIRS OF JULIO RAMOS DEL CASTILLO, J.
It is unfortunate that despite the mandatory nature of the above requirements[19] and our constant reminder to courts to scrutinize and verify carefully all supporting documents in petitions for reconstitution,[20] the same still escaped the attention of the trial court and the CA. And while petitioner also overlooked those jurisdictional infirmities and failed to incorporate them as additional issues in its petition, this Court has sufficient authority to pass upon and resolve the same since they affect jurisdiction.[21]
	GR No. 161925 2009-11-25	SPS. EXEQUIEL LOPEZ AND EUSEBIA LOPEZ v. SPS. EDUARDO LOPEZ AND MARCELINA R. LOPEZ NACHURA, J.
An action for reconveyance is a legal and equitable remedy granted to the rightful owner of a land which has been wrongfully or erroneously registered in the name of another for the purpose of compelling the latter to transfer or reconvey the land to him.[12] The action does not seek to reopen the registration proceedings and to set aside the decree of registration but only purports to show that the person who secured the registration of the property in controversy is not the real owner thereof.[13]
	GR No. 156052 2008-02-13	SOCIAL JUSTICE SOCIETY v. JOSE L. ATIENZA CORONA, J.
Intervention is a remedy by which a third party, not originally impleaded in the proceedings, becomes a litigant therein to enable him, her or it to protect or preserve a right or interest which may be affected by such proceedings.[50] The pertinent rules are Sections 1 and 2, Rule 19 of the Rules of Court:SEC. 1. Who may intervene. A person who has a legal interest in the matter in litigation, or in the success of either of the parties, or an interest against both, or is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or of an officer thereof may, with leave of court, be allowed to intervene in the action. The court shall consider whether or not the intervention will unduly delay or prejudice the adjudication of the rights of the original parties, and whether or not the intervenor's rights may be fully protected in a separate proceeding.
	GR NO. 128099 2006-12-20	FELIX CAMITAN v. CA TINGA, J.
Annulment of judgment is a recourse equitable in character, allowed only in exceptional cases as where there is no available or other adequate remedy.[19] An action for annulment of judgment is grounded only on two justifications: (1) extrinsic fraud; and (2) lack of jurisdiction or denial of due process. The purpose of such action is to have the final and executory judgment set aside so that there will be a renewal of litigation.[20]
	GR NO. 167213 2006-10-31	DARREL CORDERO v. F.S. MANAGEMENT CARPIO-MORALES, J.
While a party is required to indicate in his brief an assignment of errors and only those assigned shall be considered by the appellate court in deciding the case, appellate courts have ample authority to rule on matters not assigned as errors in an appeal if these are indispensable or necessary to the just resolution of the pleaded issues.[22] Thus this Court has allowed the consideration of other grounds or matters not raised or assigned as errors, to wit: 1) grounds affecting jurisdiction over the subject matter; 2) matters which are evidently plain or clerical errors within the contemplation of the law; 3) matters the consideration of which is necessary in arriving at a just decision and complete resolution of the case or to serve the interest of justice or to avoid dispensing piecemeal justice; 4) matters of record which were raised in the trial court and which have some bearing on the issue submitted which the parties failed to raise or which the lower court ignored; 5) matters closely related to an error assigned; and 6) matters upon which the determination of a question properly assigned is dependent.[23]
	GR NO. 168736 2006-04-19	SPS. ADELINA S.CUYCO AND FELICIANO U. CUYCO v. SPS. RENATO CUYCO AND FILIPINA CUYCO YNARES-SANTIAGO, J.
Procedurally, the appellate court in deciding the case shall consider only the assigned errors, however, it is equally settled that the Court is clothed with ample authority to review matters not assigned as errors in an appeal, if it finds that their consideration is necessary to arrive at a just disposition of the case.[26]
	GR NO. 143870 2005-09-30	MANILA INTERNATIONAL AIRPORT AUTHORITY v. RIVERA VILLAGE LESSEE HOMEOWNERS ASSOCIATION TINGA, J.
Parenthetically, while the procedural rule is that a party is required to indicate in his brief an assignment of errors and only those assigned shall be considered by the appellate court in deciding the case, it is equally settled that appellate courts have ample authority to rule on matters not assigned as errors in an appeal, if these are indispensable or necessary to the just resolution of the pleaded issues.[22]

HI-TONE MARKETING CORPORATION v. BAIKAL REALTY CORPORATION