Decision
5
G.R. No. 201273
The CA also ruled that the record shows that the Republic was aware
of Resolutfon No. 060-2009-AL as early as 2009 but it only filed the petition
for certior11ri on November 25, 2010. The Rules of Court is explicit that a
petition under Rule 65 should be filed not later than 60 days from notice.
When the Republic filed the petition for certiorari on November 25,2010, the
period to file a Rule 65 petition has already expired. 13 The CA also ruled that
for it to rule on the propriety of Resolution No. 060-2009-AL and the validity
of the Certificate of Ancestral Land Title (CALT) and OCT, it would have to
appreciate and calibrate evidence, which is not the function of a petition for
certiorari under Rule 65 .14 It found that it would be misplaced to attack and
rule on the validity of the proceedings of the NCIP and on the CALT and OCT
in a petition for certiorari. 15 The dispositive portion of the CA Decision states:
WHEREFORE, the appeal is DISMISSED. The assailed Orders of
the Regional Trial Court of Baguio City in Civil Case No. 7200-R are
AFFIRMED.
SO ORDERED. 16
Petitioner did not move for reconsideration; instead, it directly filed this
Petition.
Issues
The issues raised in the Petition are as follows:
I
WHETHER THE [RTC], IN THE EXERCISE OF ITS ORIGINAL AND
EXCLUSIVE JURISDICTION OVER TITLES TO PROPERTY[,] HAS
THE POWER AND AUTHORITY TO EXAMINE THE DECISION OR
RESOLUTION OF A CO-EQUAL BODY SUCH AS THE NCIP TO THE
EXTENT THAT THEY ARE PATENTLY NULL AND VOID AB IN/TIO
FOR THE PURPOSE OF ANNULLING AN OCT ISSUED BASED ON
SAID DECISION OR RESOLUTION.
II
WHETHER THE [RTC], IN THE EXERCISE OF ITS ORIGINAL AND
EXCLUSIVE JURISDICTION OVER TITLES TO PROPERTY[,] MAY
REFUSE TO RECOGNIZE THE VALIDITY OF A DECISION OR
RESOLUTION OF A CO-EQUAL BODY IF IT FINDS THE SAME TO
BE PATENTLY NULL AND VOID.
III
WHETHER A PETITION FOR CERTIORARI IS THE PROPER
REMEDY TO ASSAIL THE NULL AND VOID NCIP RESOLUTION
AND WHETHER OR NOT SAID REMEDY IS APPLICABLE IN
13
14
is
16
Id. at 113.
Id. at 114.
Id.
ld.atl14-115.