GOVERNMENT OF THE PHILIPPINES, REPRESENTED BY THE DIRECTOR OF LANDS, PLAINTIFF ANS APPELLEE, VS. BONIFACIO ABIN, ET AL., CLAIMANTS, ANTONIO P. CHUA, MOVANT AND APPELLANT.

In Cadastral Case No. 1, G.L.R.O. Record No. 866, Sorsogon, entitled
“Government of the Philippines versus Bonifacio Abin, et al.”,
Apolinaria Tabuena appeared as claimant of Lot No. 3276. During the
pendency of the cadastral proceedings she died. Settlement of her
estate was brought under Special Proceedings No. 2259 in the Court of
First Instance of Sorsogon. Enrique Tabuena, a son, was appointed
special administrator. On April 26, 1928 the Cadastral Court awarded
Lot No. 3276 to her heirs subject to the claims of creditors mentioned
in its decision.

On September 21, 1928 Enrique Tabuena, as special administrator,
sold Lot No. 3276 to the Sorsogon Chinese School for P2,281.60 in order
to pay the claims of decedent’s creditors. Said sum was deposited with
the clerk of the probate court. The sale was approved by the probate
court on October 27, 1928 which ordered the proceeds to be applied to
the debts of the deceased Apolinaria Tabuena and the remainder to be
distributed among the heirs.

On August 7, 1934 – before the Philippine Constitution took effect –
the Sorsogon Chinese School sold Lot No. 3276 to Chua Mang, a Chinese
national. On March 27, 1962 Chua Mang sold it to Antonio P. Chua, a
Filipino citizen.

On January 7, 1963 Antonio P. Chua filed with the Cadastral Court a
motion praying for an order to issue the final decree of registration
of Lot No. 3276 in the name of the original applicant, the late
Apolinaria Tabuena, subject to his rights as successor-in-interest. No
notice of this motion was sent to the heirs of said Apolinaria Tabuena.

On January 19, 1963 the Cadastral Court denied Chua’s motion on the
ground that on July 16, 1928 it had ordered the issuance of the decree
of title. On February 25, 1963 movant Antonio P. Chua filed a motion
for reconsideration through the Land Registration Commission.
Accordingly, the Land Registration Commissioner manifested on March 14,
1963 that no final decree has yet been issued, hence the decision of
April 26, 1928 has not become final and may therefore still be amended.

No notice of the motion for reconsideration was given to the heirs of the late Apolinaria Tabuena.

On March 20, 1963 the Cadastral Court denied the motion for
reconsideration on the ground that Antonio P. Chua has absolutely no
right to be substituted since he did not derive his title from the
awardees, the heirs of Apolinaria Tabuena. Chua filed another motion
for reconsideration which was again denied for lack of merit. Antonio
P. Chua, thereupon appealed to this Court on questions purely of law.

The records show that the heirs of the late Apolinaria Tabuena,
namely, Eufracio Mendiola, the surviving spouse, Enrique, Josefa,
Clemente, Paz, Pedro, Visitacion and Roque, all surnamed Tabuena, her
children, to whom Lot No. 3276 was awarded by the Cadastral Court, were
not given notice of Antonio P, Chua’s motion and the subsequent motions
for reconsideration. Consequently, the hearing on the motion of Antonio
P. Chua and his motions for reconsideration was held in the absence of
said heirs. At this stage therefore we deem it more in consonance with
practical justice and the requirements of due process that the case be
not decided upon the merits, until opportunity to be heard is given to
the heirs in whose names the land was adjudicated.

In Capio vs. Capio, 94 Phil. 133, involving a similar petition to
change the adjudication in a cadastral case, where the hearing on a
motion for reconsideration, touching upon the merits of the petition,
was held in the absence of the heir of a deceased adjudicatee, we
directed the trial court to hold a regular and formal hearing of the
case with notice to both parties. The same procedure should be followed
in this case where the persons who had been declared owners of the
property did not have notice of the proceedings below in question
herein.

WHEREFORE, the appealed order is set aside and the court a quo
is hereby ordered to hold a regular and formal hearing of the motion of
Antonio P. Chua filed on January 7, 1963, with notice to the heirs of
Apolinaria Tabuena, and thereafter to resolve said motion. No costs.

SO ORDERED.

Concepcion, C.J., Reyes, JBL, Barrera, Dizon, Regala, Makalintal, Zaldivar, Sanchez, and Ruiz Castro, JJ., concur.