THE CITY OF NAGA, PETITIONER, VS. THE COURT OF APPEALS AND APOLONIO G. MALENIZA, RESPONDENTS.

Before Us is a Petition to Review by certiorari the decision of the
Court of Appeals dated July 31, 1973 in CA-G.R. No. 32440­-R entitled, “Apolonio G. Maleniza, Plaintiff-Appellee vs. City of Naga, Defendant-Appellant,”
affirming the Decision of the Court of First Instance (now Regional Trial
Court) of Camarines Sur
dated June 27, 1962 with however one modification — the grant of indemnity to
the City of Naga, for the improvements
it had made on the athletes’ Quarters and the ground floor of the new
grandstand.  (Rollo, p. 8). 
The dispositive portion of said appellate
judgment reads as follows:

“WHEREFORE, with the foregoing modification, the judgment
appealed from is hereby affirmed with costs against the defendant-appellant,
City of Naga.

The plaintiff-appellee is hereby ordered
to amend his complaint by adding his capacity as Provincial Governor of the Province
of Camarines Sur
and joining the said Province as co-plaintiff to conform to the evidence within fifteen (15) days
from notice of this decision.  The
defendant-appellant is also hereby ordered to amend its answer, special
defenses and counterclaims to accord with the evidence within a like period.

MODIFIED.” (p. 36, Rollo)

The facts are stated in the decision
appealed from.  We quote:

In the general elections of November, 1959 Provincial Governor
Juan Trivino, a Nacionalista of Camarines Sur was defeated
by the plaintiff, Apolonio G. Maleniza,
a Liberal.  The latter won with a new set
of members of the Provincial Board. 
Before bowing out of office the lameduck
provincial administration passed Resolution No. 1103 authorizing Provincial
Governor Trivino to execute a deed of sale without
consideration in favor of the City of Naga of two
parcels of land with improvements, belonging to the province.  Pursuant to said resolution on November 23, 1959 Provincial
Governor Trivino executed two deeds of sale:  one (Exh. G) conveying the title and possession of a parcel
containing 80,000 square meters on which the Camarines Sur High School
complex (classroom buildings, library building, grandstand, etc.) are erected;
and another (Exh. G-1) conveying the title and
possession of a
parcel of land containing 19,044 square meters which is devoted to
horticulture, farming, gardening and to the study of poultry and
pig-raising.  The consideration for each
sale is one peso (P1.00) which has never been paid.

On November 25, 1959
the City of Naga
moved its offices to the athletes’ quarters, a newly constructed building and
the ground floor of the new grandstand, within the High School Complex.  The police and fire departments and the
assessment division of the city are thus housed in the ground floor of the
grandstand.

The City spent P14,901.14 for improving
the Athletes’ Quarters and the groundfloor of the
grandstand to make them fit for offices.

On December 9, 1959, Private Respondent Hon. Apolonio
G. Maleniza, as taxpayer and governor-elect of Camarines Sur filed a complaint
against the Province of Camarines Sur
and the City of Naga. 
The complaint prays for the annulment of the two conveyances in favor of
defendant city of Naga of real
properties belonging to defendant Province
of Camarines Sur.  The complaint also prays for damages in the
form of specified monthly rentals and for the issuance of a writ of preliminary injunction to restrain
defendants from effecting the transfer of the
“administration” of the said properties from the Province
of Camarines Sur
to the City of Naga.

The complaint alleges that plaintiff is a taxpayer and governor-elect of the Province
of Camarines Sur
and as such “has an interest in
his private as well as in his official capacity in the higher education of
youth and in the properties of the said province.” (Rollo,
p. 38, Defendant-Appellant’s Brief)

Plain copies of the documents are attached to the complaint which contain similar items except the
descriptions of the two different parcels of land which are respectively set
forth therein.  The said documents
purport to be public documents.  They
provide that the properties respectively described therein are sold, ceded,
transferred and conveyed by J.F. Trivino, Governor of
the Province of Camarines Sur,
pursuant to the authority granted upon a resolution of the Provincial Board of
the Province of Camarines Sur,
by way of Absolute Sale in favor of the City of Naga.  The said documents also provide that, from
the date thereon, November 23, 1959,
possession and dominion of the said properties are “hereby ceded to the
City of Naga, and the
lawful enjoyment of the same is hereby warranted.” (Defendant-Appellant’s
Brief, pp. 3-4, Rollo, p. 38).

The conveyances of the said properties in favor of the City of Naga are alleged
to be –

“Null and Void ab
initio for they are against the law and
public policy, since as the properties of the Province of Camarines
Sur devoted to public use, they cannot be the subject
matter of contracts for they are outside the commerce of man, and as donations
of real properties they have not been accepted in public documents by the
defendant, City of Naga.” (Defendants-Appellants’
Brief, p. 5; Rollo, p. 38)

The defendant Provincial Board (old) moved to dismiss the
complaint on the ground that it does not state a cause of action; that the plaintiff
has no personality to bring the action nor the legal capacity to sue; and that
the sales sought to be annulled are subject to the approval of the President of
the Philippines — hence, the action is premature (RA, pp. 57-58).  The said motion was denied and defendant board
was required to file an answer to the complaint.  (Order of December 26, 1959, Ibid., pp.
59-60) In the interim plaintiff Apolonio
G. Maleniza and the newly elected members assumed
office as Provincial Governor and members of the Provincial Board in January,
1960 and on January 29 passed Resolution, No. 42, S. of 1960 (Exh. I), revoking Resolution No. 1103, S. of 1959.

Understandably, the old Provincial Board having ceased to exist, did not file an answer to the complaint as required
by the court a quo; and on March 26, 1960, it was declared in default.  (Ibid., pp. 94-95) (Rollo,
p. 24)

The City of Naga filed its answer, alleging lack of
knowledge of the material averment of the complaint and setting up affirmative
and special defenses that the plaintiff has no personality to bring the action
nor legal capacity to sue; that the complaint states no cause of action; that
the sales sought to be annulled are subject to the approval of the President of
the Philippines; therefore, the action is premature.

It also filed a counterclaim
for damages against the plaintiff which the latter denies specifically.

In the interim on petition of plaintiff, a writ of
preliminary injunction was issued, enjoining the City of Naga or its
agents from occupying the properties in question except the ground floor of the
new grandstand and the new building (athletes’ Quarters) and the old Provincial
Board or its agents from transferring the administration of the Camarines Sur High School to the City.  (Writ of Preliminary Injunction dated January
5, 1960, R.A. pp. 71-75, Rollo, p. 2)

The Republic of the Philippines filed a motion to intervene on
the ground that the Camarines Sur
Trade School which is located on one of the lots conveyed to the City of Naga, has been
converted into a National School of Arts and Trades by R.A. No. 825; and that,
as a prerequisite to the conversion, the Province of Camarines
Sur has been required to immediately transfer to the
National Government the present School Site buildings etc., belonging to the Camarines Sur Trade School.  After negotiation between the National
Government and the City of Naga the latter agreed to waive whatever rights it has over the
portion occupied as school site of the Camarines Sur Trade School buildings, etc., and authorized the city
attorney to make
the corresponding manifestation of waiver, which he did in February,
1960.  (Rollo, p. 25)

Upon the joinder of the issues, the
case was tried.  In the course of the
trial on June 7, 1961
Assistant Provincial Fiscal Jose Nepomuceno appeared
for the plaintiff.  The plaintiff was
also represented by Attorney Luis Contreras. 
The city attorney at once objected
to the appearance of Assistant Provincial Fiscal Nepomuceno
because previous stand of the office of the Provincial Fiscal, as
shown in its motion to dismiss the
complaint, is
inconsistent with his (Nepomuceno’s) advocacy as one of the counsel of the
plaintiff.  Assistant Provincial Fiscal Nepomuceno countered by saying that he is now appearing for the Provincial Governor (Plaintiff-Maleniza).  The City Attorney rejoined that in that case it is necessary to amend the
complaint since the original allegation is to the effect that plaintiff Maleniza filed the same in his capacity as a private
citizen and Governor-elect.  The court a quo permitted Assistant Provincial Fiscal Nepomuceno
“to appear for the Provincial Governor, although it is not alleged in the
pleadings that Honorable Apolonio Maleniza
is not (sic) the Provincial Governor at the time, but only a governor-elect and that cannot be
denied.” (Rollo, p. 26)

In its memorandum
filed in the court a quo the City of Naga prayed, inter
alia, that in the event that the sales are
annulled, the Province be ordered to pay P20,000 for
the value of its improvements.  (Rollo, p. 26)

After trial the court a quo virtually decided the case in favor
of the Province of Camarines Sur
in its decision dated June 27, 1962,
the decretal portion reading as follows:

“IN VIEW OF ALL THE FOREGOING CONSIDERATIONS, judgment is
hereby rendered:  (a) declaring
Resolution No. 1103 series of 1959, and deeds of sale (Exhs. G and G-1) of the properties described in paragraph III
of the complaint, null and void; (b) ordering the defendant, City of Naga, to vacate the premises in question; (c) ordering the
defendant, City of Naga, to pay the Province of Camarines Sur the sum of P600.00
per month as damages for the use of the Athletes’ Quarter and the ground floor
of the new grandstand since November 25, 1959, until the final restitution
thereof; (d) declaring the writ of preliminary injunction permanent; and (e)
ordering the defendant, City of Naga to
pay the costs.” (Rollo, p. 8)

Appeal was timely made by the herein petitioner, City of Naga, to the
Respondent Court of Appeals, docketed as CA-G.R. No. 32440.  On July
30, 1973, the Respondent Honorable Court of Appeals, Special Sixth
Division, promulgated a Decision affirming the judgment of the Court of First
Instance (now Regional Trial Court) of Camarines Sur.

Hence, this petition, with the following assigned errors.

(A)     THE RESPONDENT COURT
OF APPEALS ERRED IN NULLIFYING THE TWO CONVEYANCES OF LAND IN FAVOR OF
PETITIONER.

(B)     RESPONDENT COURT OF
APPEALS ERRED IN AWARDING DAMAGES AGAINST THE CITY OF NAGA (Rollo, p.
9).

We find the petition meritless.

Section 2068 of the Revised Administrative Code provides that,

“When the government of a
province is a party to a deed or instrument conveying the title of real
property, such deed or instrument shall be executed on behalf of the said
Government by the Provincial Governor, upon resolution of the provincial board,
and with the approval of the President.” (Sec. 2068, Rev. Adm. Code)

Without the needed Presidential approval, it is evident that the
conveyances were void.  Note that up to
now, said approval has not been obtained.

The respondent Court cannot likewise be faulted for awarding
damages to the City of Naga, for the improvements it had
introduced on the premises.  To eliminate
this award would certainly be less than fair. 
The damages can be set off against the rentals to be paid by the City.

In the Supplemental Petition filed in this Court after the filing
of the Original Petition, petitioner raises two points:  the termination of office of the private
respondent as governor, and the transfer of the lots to the National
Government.  Since both points are
factual in nature, and since the pleadings filed in the courts below do not
refer to them.  We cannot consider them
now, since Our Court is not a trier of facts.

WHEREFORE, the petition and the supplemental petitions
are both DENIED, for lack of merit.

SO ORDERED.

Melencio-Herrera, (Chairman), Padilla,
Sarmiento, and
Regalado, JJ., concur.