5/3/2021
E-Library - Information At Your Fingertips: Printer Friendly
On July 1, 1968, the same former owners Rafael A. Dinglasan, together with Francisco,
Carmen, Ramon, Lourdes, Mercedes, Concepcion, Mariano, Jose, Loreto, Rizal, Jimmy,
and Jesse Dinglasan filed with the Court of First Instance, Capiz an action for recovery
of the same parcel of land.[6] Citing the case of Philippine Banking Corporation v. Lui
She,[7] they submitted that the sale to Lee Liong was null and void for being violative
of the Constitution. On September 23, 1968, the heirs of Lee Liong filed with the trial
court a motion to dismiss the case on the ground of res judicata.[8] On October 10,
1968, and November 9, 1968, the trial court denied the motion.[9] The heirs of Lee
Liong elevated the case to the Supreme Court by petition for certiorari. On April 22,
1977, the Supreme Court annulled the orders of the trial court and directed it to
dismiss the case, holding that the suit was barred by res judicata.[10]
On September 7, 1993, Elizabeth Manuel-Lee and Pacita Yu Lee filed with the Regional
Trial Court, Roxas City a petition for reconstitution of title of Lot No. 398 of the Capiz
Cadastre, formerly covered by Original Certificate of Title No. 3389 of the Register of
Deeds of Roxas City.[11] Petitioners alleged that they were the widows of the deceased
Lee Bing Hoo and Lee Bun Ting, who were the heirs of Lee Liong, the owner of the lot.
Lee Liong died intestate in February 1944. On June 30, 1947, Lee Liong's widow, Ang
Chia, and his two sons, Lee Bun Ting and Lee Bing Ho, executed an extra-judicial
settlement of the estate of Lee Liong, adjudicating to themselves the subject parcel of
land.[12] Petitioner Elizabeth Lee acquired her share in Lot No. 398 through an extrajudicial settlement and donation executed in her favor by her deceased husband Lee
Bing Hoo. Petitioner Pacita Yu Lee acquired her share in the same lot by succession
from her deceased husband Lee Bun Ting, as evidenced by a deed of extra-judicial
settlement.[13]
Previously, on December 9, 1948, the Register of Deeds, Capiz, Salvador Villaluz,
issued a certification that a transfer certificate of title over the property was issued in
the name of Lee Liong.[14] However, the records of the Register of Deeds, Roxas City
were burned during the war. Thus, as heretofore stated, on September 7, 1968,
petitioners filed a petition for reconstitution of title.
On June 10, 1994, the Regional Trial Court, Roxas City, Branch 17, ordered the
reconstitution of the lost or destroyed certificate of title in the name of Lee Liong on the
basis of an approved plan and technical description.[15] The dispositive portion of the
trial court's decision reads thus:
"WHEREFORE, in reiteration, the Register of Deeds for the City of Roxas is
ordered to reconstitute the lost or destroyed certificate of title in the name
of Lee Liong, deceased, of Roxas City, with all the conditions stated in
paragraph 2 of this decision. This decision shall become final after the lapse
of thirty (30) days from receipt by the Register of Deeds and by the
Commissioner of LRA of a notice of such judgment without any appeal
having been filed by any of such officials.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/52904
2/8