This case has been cited 1 times or more.
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2012-03-06 |
VILLARAMA, JR., J. |
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| In our December 18, 2008 Resolution, we set aside the December 12, 2005 Decision rendered by the First Division and recalled the entry of judgment. We ruled that neither the CA nor the LRA had jurisdiction to cancel the Manotok title, a relief sought by the Barques in the administrative reconstitution proceedings. The Court En Banc proceeded with the reevaluation of the cases on a pro hac vice basis. During the oral arguments, there were controversial factual matters which emerged as the parties fully ventilated their respective claims, in the course of which the Barques' claim of ownership was found to be exceedingly weak. Indeed, both the LRA and CA erred in ruling that the Barques had the right to seek reconstitution of their purported title. Reevaluation of the evidence on record likewise indicated that the Manotoks' claim to title is just as flawed as that of the Barques. Following the approach in Alonso v. Cebu Country Club, Inc.[1] also involving a Friar Land, Republic v. Court of Appeals[2] and Manotok Realty Inc. v. CLT Realty Development Corporation,[3] the majority resolved to remand this case for reception of evidence on the parties' competing claims of ownership over Lot 823 of the Piedad Estate. Given the contentious factual issues, it was necessary for this Court to resolve the same for the complete determination of the present controversy involving a huge tract of friar land. It was thus not the first time the Court had actually resorted to referring a factual matter pending before it to the CA. | |||||