Decision
8
G.R. No. 201273
in the concept of owner since time immemorial or for a period of not
less than 30 years; 32 and
9. no CALT may be issued over the BSF as it is within the Baguio
Townsite reservation. 33
The Complaint thus seeks the nullification and cancellation of (a) OCT
No. 0-CALT-37 and any derivative title issued pursuant thereto; (b) CALT
No. CAR-BAG-0309-000207; and (c) the reconstructed and unapproved
survey plan together with the technical description of Lot 1, SWO14110215703-D-A-NCIP.34 Only the last two reliefs emanated from
Resolution No. 060-2009-AL. The Complaint also impleaded the Register of
Deeds of Baguio City, the NCIP, and the LRA.
To the mind of the Court, the case is not a review of the NCIP En Banc
Resolution because a subsequent event occurred that gave rise to a cause of
action for reversion and cancellation of a Torrens title, namely, the issuance
of OCT No. 0-CALT-37. This is the reason the Republic has impleaded the
Register of Deeds of Baguio City and the LRA.
In fact, the Republic alleges that OCT No. 0-CALT-37 should not have
been issued since it is land of the public domain. This, in tum, requires a
factual determination of whether the land is indeed of public domain and
whether OCT No. 0-CAL T-3 7 embraces land inside the BSF. This then raises
the issue of whether a CALT may be issued over it, and whether an OCT may
be issued arising from the CALT. This is therefore a a complaint for the
reversion of a land to the public domain and the cancellation of a Torrens title
covering a public land, both matters being within the exclusive original
jurisdiction of the RTC.
Under Batas Pambansa Blg. 129,35 the RTC has jurisdiction over the
following civil cases:
SEC. 19. Jurisdiction in Civil Cases. - Regional Trial Courts shall
exercise exclusive original jurisdiction:
xxxx
(2) In all civil actions which involve the title to, or possession of,
real property, or any interest therein, where the assessed value of the
property involved exceeds Twenty thousand pesos (P20,000.00) or for civil
actions in Metro Manila, where such value exceeds Fifty thousand pesos
(PS0,000.00) except actions for forcible entry into and unlawful detainer of
lands or buildings, original jurisdiction over which is conferred upon the
32
33
34
35
Id. at 221-224.
Id. at 224-225.
Id. at 227.
THE JUDICIARY REORGANIZATION ACT OF 1980.