G.R. No. 24717. December 04, 1967
J.M. TUASON & CO., INC., PETITIONER, VS. HON. GUILLERMO E. TORRES, PRESIDING JUDGE OF THE COURT OF FIRST INSTANCE OF RIZAL, BR. III, MACARIA FULGENCIO, PLACIDO PASCUAL, ET AL., …
BENGZON, J.:
Prior to 1953, the Deudors, with their
vendees,[1]
and the Tuasons were disputing in five cases the
ownership and possession of about 50 quiñones
of land located in Tatalon, Quezon City. On March
16, 1953, the disputing parties entered into a COMPROMISE
AGREEMENT[2]
wherein the Deudors and their vendees recognized the
ownership of the Tuasons over the lands in question
and for a consideration of P1,201,063.00 to be paid in installments, the former
agreed to vacate and deliver unto the Tuasons the
said 50 quiñones of land.
The Court of First Instance of Rizal,
Branch IV, sitting at Quezon
City, which was trying the five cases, approved on April 10, 1953 the COMPROMISE
AGREEMENT, after explaining fully the terms thereof to all the parties. In the same decision it rendered, the Tuasons were declared as absolute owners of the disputed
lands. This decision based on said
agreement which recognized the absolute ownership of the Tuasons,
became final and executory.
Somehow, later, not all of the 50 quiñones
of land were delivered to the Tuasons. At their instance, the trial court on February 28, 1957 gave the Deudors a period of four months within which to clear and
deliver peaceful possession of the remaining 30 quiñones
of land to the Tuasons. The incident was elevated by the Deudors to the Supreme Court[3]
and We sustained the lower court.
Bent on impugning the COMPROMISE AGREEMENT, the Deudors and their vendees on February 16, 1962, filed Civil Case No. 49657 in the Court
of First Instance of Manila to annul and rescind the said agreement, alleging
fraud on the part of the Tuasons, and to recover from
them the 20 quiñones of land already
delivered. This was dismissed by the
lower court, acting on motion of the Tuasons, for
improper venue and lack of cause of action, which dismissal We sustained in the
ensuing appeal.[4]
Still undaunted, the Deudors only,
filed on March 13, 1964 Civil Case No. 8080 in the Court of First Instance of Pasig[5]
against the Tuasons to recover the 20 guiñones of land, annul the certificates of title of
the Tuasons, and to nullify and enjoin the execution
of the decision of Branch IV of the Court of First Instance of Quezon City,[6] rendered
on April 10, 1953.
On January 18, 1965, Branch II of the Court of First Instance of Quezon City presided by Judge Mencias,
acting in Civil Cases 3621-3623, held[7]
that the land registration proceedings which gave rise to the Tuasons‘ certificates of title were null and void and,
accordingly, declared the Tuasons‘ title over the 50 quiñones of land null and void also. This is now pending appeal before Us.
In less than a month after the promulgation of the decision
immediately above referred to, herein respondents Fulgencio
and the other Deudor vendees instituted on February
11, 1965, Civil Case No. 8559 in the Court of First Instance of Pasig, to be declared owners of the 50 quiñones
of land at Tatalon, Quezon
City; to annul and enjoin the execution of the decision of Branch IV of the
Court of First Instance of Quezon City, rendered
on April 10, 1953; to compel the Tuasons to
vacate the said 50 quiñones and to render an
accounting; and to declare the Tuasons‘ titles as
null and void. The Tuasons
moved for dismissal, alleging, inter alia,
lack of jurisdiction of the Court of First Instance of Pasig
to annul and enjoin the execution of a final decision rendered by a branch of
the Court of First Instance of Quezon City. The lower court denied the motion. Preliminary injunctions were issued[8]
in favor of several parties who sought to intervene in the proceedings as
parties plaintiffs also.
On July 8, 1965,
the Tuasons came to Us on a petition for certiorari
and prohibition with preliminary and mandatory injunction to prevent the Court
of First Instance of Pasig from acting in Civil Case
No. 8559. We issued the preliminary
injunction prayed for. Subsequently,
herein intervenors were allowed to join in the
proceedings.
Petitioner’s submission that only Branch IV of the Court of First
Instance of Quezon City can annul its own decision is
well taken. It is settled that the
jurisdiction to annul a judgment of a branch of the Court of First Instance
belongs solely to the very same branch which rendered the
judgment. Any other branch, even if it
be in the same judicial district – like those of the Courts of First Instance
of Rizal, sitting at Pasig
and at Quezon City, which belong to the 7th Judicial
District – that attempts to do so either exceeds its jurisdiction, as
We held in Cabigao v. Del Rosario, 44
Phil. 182, or acts with grave abuse of discretion amounting to lack of
jurisdiction, as We ruled in P.N.B. v. Javellana,
92 Phil. 525. In either case, certiorari
and prohibition would be proper to prevent the attempting branch of the court
from proceeding to nullify a final decision rendered by a co-equal and
co-ordinate branch. The two cases cited
have only recently been reaffirmed by Us in Mas
v. Dumara-og, L-16252, Sept. 29, 1964.
Withal, We see no need for Civil Case No. 8559 to pend further before the lower court. Respondents’ bases for
seeking to nullify the decision of the Court of First Instance of Quezon City are: (1)
The compromise agreement on which it was based had already been declared totally
rescinded, and (2) the titles of the Tuasons, on
which the compromise agreement was based, are null and void. We have already
definitely settled, however, in the two cases involving the Tuasons and the Deudors[9]
that only the obligation of the Tuasons to make
further payments as originally contemplated in the COMPROMISE AGREEMENT had
been rescinded; the rest of the said agreement is still valid and binding
between the Tuasons, on the one hand, and the Deudors and their vendees – herein respondents – on the
other.[10]
As for the alleged nullity of the Tuasons‘
titles the validity of which should be resolved in the proper court in
appropriate proceedings, suffice it to say that the basis of the decision of
April 10, 1953 is not really the titles of the Tuasons
but the COMPROMISE AGREEMENT wherein the Deudors and
herein respondents acknowledged the complete, absolute and indefeasible titles
of the Tuasons.
WHEREFORE, finding it meritorious, the petition for
certiorari and prohibition is hereby granted. The Court of First Instance of Rizal, sitting at Pasig,
is ordered to permanently desist from taking cognizance of, and acting in, its
Civil Case No. 8559. The preliminary
injunction heretofore issued is made permanent. No costs.
SO ORDERED.
Concepcion, C.J., Reyes, JBL, Dizon, Makalintal, Zaldivar, Sanchez, Ruiz Castro, Angeles, and Fernandez, JJ., concur.
[1]
Including herein private respondents.
[2] Rollo, pp. 57-65.
[3] Deudor v. J.M. Tuason
& Co., Inc., L-13768, May 30, 1961.
[4] Deudor v. J.M. Tuason
& Co., Inc., L-20105, Oct. 31,
1963.
[5]
Meaning, Court of First Instance of Rizal, sitting at
Pasig.
[6]
Meaning, Court of First Instance of Rizal, sitting at
Quezon City.
[7] Benin
v. Tuason, Civil Case No. 3621, etc., Rollo, pp. 222-242.
[8]
See Annexes “I”, “J”, “J-1”, “J-2”, and
“J-3” of Petition, Rollo,
pp. 135-139.
[9] Supra,
notes 3 & 4.
[10]
The COMPROMISE AGREEMENT was not a sale.
The Tuasons had the title to the 50 quiñones of land but the Deudors
were the ones in actual possession. The
consideration of P1,201,063 was only for the Deudors
to amicably surrender their possession.
Since the Deudors failed to effect complete
delivery of the disputed lands within the period fixed by the court, the Tuasons were held relieved of their reciprocal obligation
to make further payments of the agreed consideration.