Sei sulla pagina 1di 2

ANGARA V.

FEDMAN DEVT CORP o On Aug 28, 1995, respondent informed petitioner that the said lots the latter
GR NO. 156822 | OCT. 18, 2004 fenced are titled in its name. In deference to petitioner’s position as Senator
AUSTRIA MARTINEZ, J. of the Philippines, respondent undertook a relocation survey of the said
RIVERA | Group 5 properties.
o The relocation survey disclosed that the subject lots fenced and occupied by
PETITIONERS/PROSECUTORS: EDGARDO J. ANGARA petitioner are covered by the certificates of title of respondent.
RESPONDENTS/DEFENDANTS: FEDMAN DEVT CORPORATION o Despite demand made by respondent, petitioner refused to vacate the
property in question.
TOPIC: (as stated in the syllabus)  Respondent prays that petitioner and all persons claiming title under him be
 Trial by Commissioners ordered to vacate the premises in question and surrender possession thereof to
the former.
CASE SUMMARY: Respondent FDC filed a complaint for Accion Reivindicatoria  Petitioner: Answer with Compulsory Counterclaim —> Claims he is the owner,
and/or Quieting of Title against petitioner before the Regional Trial Court due to parcels of land do not encroach on respondent’s property, assuming that there is
Angara’s encroachment upon its property. At the instance of the parties, the RTC such an encroachment, he nevertheless had acquired title thereto by virtue of
authorized the ground relocation survey of the adjoining lots of the parties by acquisitive prescription.
geodetic engineers. Engineers submitted their individual reports on the issue (not a  RTC: At the instance of the parties, RTC authorized the ground relocation survey
joint survey as ordered). RTC eventually dismissed the case for FDC’s failure to of the adjoining lots of the parties by geodetic engineers. Engineers submitted
prosecute for a reasonable length of time. Petitioner prayed that judgment be their individual reports on the issue.
rendered on the basis of the commissioners’ report. RTC denied this since it did not  RTC issued subpoena ad testificandum to the three Geodetic Engineers who
follow the joint survey order. Went all the way up to the SC with petitioner arguing composed the Board of Commissioners to testify in connection with their
GAD in ignoring the results of the survey conducted. The SC Ruled that Petitioner
individual reports. (important since Angara assailed this later)
failed to demonstrate his claim that the RTC acted with grave abuse of discretion
 RTC dismissed the case since respondent failed to prosecute for a reasonable
amounting to lack or in excess of its jurisdiction in denying petitioner’s prayer for
length of time (hehe inayos ko na since ito criticism ni maam sa provision), did
rendition of judgment based on the commissioners’ report. The Rules of Court clearly not even present its evidence on the merits.
provides that the trial court is not bound by the findings of the commissioners or
 Petitioner filed an Omnibus Motion praying that judgment be rendered on the
precluded from disregarding the same. It may adopt, modify, reject the report or
basis of the commissioners’ report and, alternatively, all other persons who will
recommit it with instructions, or require the parties to present further evidence. Last 3 be adversely affected by the relocation survey be impleaded as parties.
pages lang ng case diniscuss tong topic. Short lang.
o Denied by RTC. RTC held that according to respondent there was no joint
survey conducted by the commissioners as ordered by it and as agreed
DOCTRINE: The Rules of Court clearly provides that the trial court is not bound by
upon by the parties, hence the report of the commissioners cannot be the
the findings of the commissioners or precluded from disregarding the same. It may
basis of the judgment.
adopt, modify, reject the report or recommit it with instructions, or require the parties
o Adjoining owners cannot be held to have common defenses.
to present further evidence.  Petitioner appealed to CA; ground: grave abuse of discretion amounting to lack
or in excess of jurisdiction upon the RTC in refusing to render judgment based on
FACTS: the commissioners’ report as well as its refusal to direct respondent to implead
 Respondent Fedman Development Corporation (FDC) filed a complaint for
adjoining property owners, petitioner filed a petition for certiorari before the CA
Accion Reivindicatoria and/or Quieting of Title against petitioner before the
o CA dismissed petition. Denied MR.
Regional Trial Court. Alleged:
o It is the registered owner of several adjoining lots located at Barangay ISSUES:
Balaytigue, Nasugbu, Batangas.  WON the CA, affirming the RTC, erred in ignoring the reports of the panel of
o Sometime in Aug 1995, respondent learned that petitioner fenced said commissioners and to act or render judgment on the basis thereof. — NO.
parcels of land without its knowledge and consent.
RULING: (Doctrine in bold letters) o First SC case dismissed. This case is now the MR. Case primarily talked about
 1st issue: NO. jurisdiction.
o Petitioner’s Argument: Considering that the issue involves principally a which the court shall issue an order adopting, modifying, or rejecting the report in
factual and technical matter for which the RTC, at the instance of the parties, whole or in part, or recommitting it with instructions, or requiring the parties to
created a Panel of Commissioners has done its job and the chairman
present further evidence before the commissioner or the court.
submitted his report on the basis of his evaluation of the separate surveys
conducted by the members. The RTC, however, simply ignored the report
on the technical and lame excuse that the Panel of Commissioners did not
conduct a “joint survey.”
o Respondent: Points out that the Commissioners’ Report was submitted as
early as February 2000. After its submission, petitioner did not ask that a
decision be rendered based on said report. Various hearings were held. It
was only after respondent presented two witnesses who testified on the
illegal encroachment of petitioner that petitioner suddenly asked the RTC
not to continue with the proceedings and that judgment be rendered based
on the Commissioners’ Report. Respondent also stresses that no joint survey
was conducted and that no joint report was submitted as required by the
RTC.
▪ Even assuming that the commissioners conducted a joint survey, it is
clear from the joint manifestation and motion of the parties submitted
on April 3, 1997 that “the results of the joint survey are by no means
final and binding upon them, but will only serve to guide the lower
court in resolving the issues of the case.”
o Petitioner failed to demonstrate his claim that the RTC acted with grave
abuse of discretion amounting to lack or in excess of its jurisdiction in
denying petitioner’s prayer for rendition of judgment based on the
commissioners’ report. The Rules of Court clearly provides that the trial
court is not bound by the findings of the commissioners or precluded
from disregarding the same. It may adopt, modify, reject the report or
recommit it with instructions, or require the parties to present further
evidence.

DISPOSITIVE: WHEREFORE, the instant motion for reconsideration is DENIED for


lack of merit. SO ORDERED.

PROVISIONS:
 Section 11, Rule 32, Rules of Court:
SEC. 11. Hearing upon report.—Upon the expiration of the period of ten (10)
days referred to in the next preceding section, the report shall be set for hearing,
after

Potrebbero piacerti anche