[ G.R. No. L-30240. March 25, 1988 ] 242 Phil. 590
EN BANC
[ G.R. No. L-30240. March 25, 1988 ]
REPUBLIC OF THE PHILIPPINES AS LESSOR, ZOILA DE CHAVEZ, ASSISTED BY HER HUSBAND COL. ISAAC CHAVEZ, DEOGRACIAS MERCADO, ROSENDO IBANEZ AND GUILLERMO MERCADO, AS PERMITTEES AND/OR LESSEES OF PUBLIC FISHPONDS, PETITIONERS, VS. HON. JUDGE JAIME DE LOS ANGELES OF THE COURT OF FIRST INSTANCE OF BATANGAS, (BR. III, BALAYAN) [LATER REPLACED BY JUDGE JESUS ARLEGUI] SHERIFF OF BATANGAS, ENRIQUE ZOBEL AND THE REGISTER OF DEEDS AT BALAYAN, BATANGAS, RESPONDENTS. D E C I S I O N
TEEHANKEE, C.J.:
The moment of truth is finally at hand. It is about time to cause the execution in favor of the Republic of the Philippines of the 1965 final and executory judgment of this Court (Republic vs. Ayala y Cia.[1]) affirming that of the CFI of Batangas in Civil Case No. 373 thereof and to recover for the Republic what “Ayala y Cia., Hacienda de Calatagan and/or Alfonso Zobel had illegally expanded [in] the original area of their TCT No. 722 (derived from OCT No. 20) from 9,652.583 hectares to about 12,000 hectares thereby usurping about 2,000 hectares consisting of portions of the territorial sea, the foreshore, the beach and navigable waters properly belong(ing) to the public domain.”[2] The Court’s decision in said case found that
“We have gone over the evidence presented in this case and found no reason to disturb the factual findings of the trial court. It has been established that certain areas originally portions of the navigable water or of the foreshores of the bay were converted into fishponds or sold by defendant company to third persons. There is also no controversy as to the fact that the said defendant was able to effect these sales after it has obtained a certificate of title (TCT No. 722) and prepared a ‘composite plan’ wherein the aforesaid foreshore areas appeared to be parts of Hacienda Calatagan. Defendants-appellants do not deny that there is an excess in area between those delimited as boundaries of the hacienda in TCT No. 722 and the plan prepared by its surveyor. This, however, was justified by claiming that it could have been caused by the system (magnetic survey) used in the preparation of the original titles, and, anyway, the excess in area (536 hectares, according to defendants) is within the allowable margin given to a magnetic survey. “But even assuming for the sake of argument that this contention is correct, the fact remains that the areas in dispute (those covered by permits issued by the Bureau of Fisheries) were found to be portions of the foreshore, beach, or of the navigable water itself. And, it is an elementary principle of law that said areas not being capable of registration, their inclusion in a certificate of title does not convert the same into properties of private ownership or confer title on the registrant.”[3]
The Solicitor General’s Memorandum[4] further points out
“x x x that the modus operandi in said usurpation, i.e. grabbing lands of the public domain, was expressly made of record in the case of Dizon v. Rodriquez, 13 SCRA 704 (April 30, 1965), where it was recounted that Hacienda de Calatagan, owned by Alfonso and Jacobo Zobel, was originally covered by TCT No. 722, and that in 1948, upon the cessation of their sugar mill operations, the hacienda owners converted the pier (used by vessels loading sugar) which stretched to about 600 meters off the shore into the navigable waters of the Pagaspas Bay’ into a fishpond dike by enclosing 30 and 37 hectares of the bay on both sides of the pier in the process. “Subsequently, in 1949, the owners of the hacienda ordered its subdivision which enabled them to acquire titles to the subdivided lots which were outside the hacienda’s perimeter. Thus, these subdivided lots, which were converted into fishponds were illegally absorbed as part of the hacienda and titled in the name of Jacobo Zobel which were subsequently sold and transferred to the Dizons, Gocos and others. In said Dizon case, ‘this Honorable Court affirmed the court a quo’s findings that the subdivision plan was prepared not in accordance with the technical description in TCT. No. 722 but in disregard of it.’ And that the appropriated fishpond lots ‘are actually part of the territorial waters and belong to the State.’ “
But all through the years, as stressed in the Republic’s memorandum, “the technical maneuvers employed by Ayala and Zobel [of which the instant petition is an off-shoot] …. undercut the Republic’s efforts to execute the aforesaid 1965 final judgment”[5] to recover the estimated 2,000 hectares of territorial sea, foreshore, beach and navigable waters and marshy land of the public domain. It may seem incredible that execution of such 1965 final judgment in favor of the Republic no less could have been thwarted for twenty-three years now. But the Republic’s odyssey and travails since 1965 through the martial law regime to now are recorded in the annals of our jurisprudence. Suffice it to point out that upon petition of the Republic and its co-petitioners (as permittees and/or lessees of the Republic), mandamus was issued on June 30, 1967 by unanimous decision with one abstention in Republic vs. De los Angeles[6], overruling the therein respondent-judge’s refusal to issue a writ of execution of the aforesaid 1965 final judgment and ordering him to issue such writ. The Court denied reconsideration on September 19, 1967, but on a second and supplemental motion for reconsideration, it set aside the original decision of June 30, 1967 and dismissed the petition for mandamus and denied execution, per its Resolution of October 4, 1971 by a split 6-3-2 vote.[7] The court denied the Republic, et al.’s motions for reconsideration by the same split 6-3-2 vote per its Resolution of April 11, 1972.[8] An undermanned Court subsequently denied the Republic’s co-petitioner Tolentino’s second motion for reconsideration for lack of necessary votes per its Resolution of April 27, 1973.[9] Parenthetically, the complexity, magnitude and persistence of respondents’ maneuvers are set forth in the series of decisions and extended resolutions and majority and dissenting opinions reported in the Supreme Court Reports Annotated as per the citations hereinabove given. A reading of said reports together with the Memorandum for Granting of the Petition at bar (and giving the case’s backgrounder) which I had circulated in the Court as against the proposed contrary draft of Justice Estanislao A. Fernandez (which did not gain the concurrence of the majority of the Court during his seventeen-month incumbency from October 20, 1973 to March 28, 1975) shows the full extent background and scope of these maneuvers, particularly those in the present case. For the sake of brevity and conciseness, I attach the said Memorandum as Annex A hereof and make the same an integral part of this decision, instead of reproducing the same in the body of this opinion. Pending respondents’ maneuvers in this Court for thwarting the issuance of a writ for execution of the aforesaid 1965 final judgment for the Republic’s recovery of land and waters of the public domain in the 1967 mandamus case brought by the Republic, supra, they intensified their maneuvers to defeat the Republic’s judgment for recovery of the public lands and waters when they got the trial judge, notwithstanding this Court’s final 1965 judgment for reversion of the public lands, to uphold their refusal to recognize the rights of the Republic’s public fishponds permittees and/or lessees to the lands leased by the Republic to them. Thus, the Republic as lessor and said permittees/lessees as co-petitioners filed through then Solicitor General Antonio P. Barredo their Amended Complaint of August 2, 1967 in Civil Case No. 653 against herein respondent Enrique Zobel as defendant and the Register of Deeds of Batangas. As summarized by the Solicitor General in his Memorandum of June 1, 1984: Respondent Zobel had ousted Zoila de Chavez, a government’s fishpond permittee, from a portion of the subject fishpond lot described as Lot 33 of Plan Swo-30999 (also known as Lots 55 and 56 of subdivision TCT No. 3699) by bulldozing the same, and threatened to eject fishpond permittees Zoila de Chavez, Guillermo Mercado, Deogracias Mercado and Rosendo Ibanez from their respective fishpond lots described as Lots 4, 5, 6 and 7 and Lots 55 and 56, of Plan Swo-30999, embraced in the void subdivision titles TCT No. 3699 and TCT No. 9262 claimed by said respondent. Thus, on August 2, 1967, the Republic filed an Amended Complaint captioned “Accion Reinvidicatoria with Preliminary Injunction” against respondent Zobel and the Register of Deeds of Batangas, docketed as Civil Case No. 653, for cancellation of Zobel’s void subdivision titles TCT No. 3699 and TCT No. 9262, and the reconveyance of the same to the government; to place aforenamed fishpond permittees in peaceful and adequate possession thereof; to require respondent Zobel to pay back rentals to the Republic; and to enjoin said respondent from usurping and exercising further acts of dominion and ownership over the subject land of public domain; Respondent Zobel, however, filed a Motion to Dismiss Amended Complaint, dated August 16, 1967, contending inter alia that said Amended Complaint (Civil Case No. 653) is barred by prior judgment in Civil Case 373 (G.R. No. L-20950, the 1965 final judgment in favor of the Republic), and arguing that “if TCT Nos. T-3699 and T-9262 had been declared null and void in Civil Case No. 373, the proper procedure would be to secure the proper execution of the decision in the same proceedings and not thru the filing of a new case.” He further contended “that there is another action pending between the same parties for the same cause,” and points to the above-mentioned mandamus case, G.R. No. L-26112 anent execution of Civil Case No. 373 as the said pending case. His aforesaid motion, however, was denied by the trial court in its order of December 13, 1967, and accordingly he was required to file his answer; But in his answer with counterclaim, respondent Zobel averred, among others, that the subject TCT Nos. 3699 and 9262 registered in his name are valid and subsisting since in the decision under G.R. No. L-20950 “only TCT No. T-9550 was specifically declared as null and void and no other;” and that when Civil Case No. 373 was docketed, respondent Enrique Zobel “was and still is at present one of the members and managing partners of Ayala y Cia., one of the defendants in the said civil case, and, therefore, privy thereto.” He then prayed for a writ of preliminary mandatory injunction restoring to him possession of the subject land, and further prayed for judgment ordering Zoila de Chavez and Guillermo Mercado to vacate the premises in question and to surrender possession thereof to defendant Zobel. This was unfortunately granted by respondent Judge De los Angeles per the impugned order at bar of October 1, 1968. (Annex D, petition). Hence, the filing of the instant petition. On March 7, 1969, the Court issued a restraining order in the case at bar, enjoining respondent judge from enforcing the writ of preliminary mandatory injunction until further orders; While G.R. No. L-26112 (re: execution) and G.R. No. L-30240 (the case at bar) were pending, the Republic filed its motion of July 8, 1970 in Civil Case No. 373, for authority to conduct the necessary resurvey of the lands affected so as to properly segregate from Ayala and Zobel’s private land originally covered by TCT No. 722 the areas outside thereof comprising about 2,000 hectares of public land, beach, foreshore and territorial sea. Ayala and Zobel vigorously opposed the same, contending again that the proper step for the government was to ask for a writ of execution; that no other subdivision titles, beside TCT No. T-9550 were really declared null and void in the 1965 judgment; and that the lower court could not make a ruling on the motion for resurvey “without requiring the presentation of additional evidence, and that, in effect, would be tantamount to reopening a case where the judgment is already final and executory and that the Government’s failure to seek a “clarification of the decision to find out what other titles should have been declared null and void” precludes it from doing so now, “since the decision is now final and executory.” The respondent judge, having earlier denied execution of the 1965 final judgment, issued his order of October 27, 1970 denying the Government’s motion for authority to conduct such prerequisite resurvey; Ayala and Zobel’s technical maneuvers to impede execution of the 1965 final judgment again bore fruit, as above indicated, when their second motion for reconsideration in G.R. No. L-26112 was granted by a split Court in a Resolution dated October 4, 1971 (41 SCRA 422). As a result, the earlier decision of June 30, 1967 directing the issuance of the writ of execution was set aside and the Republic’s petition for certiorari and mandamus impugning the lower court’s quashal and denial of the writ of execution was dismissed. While the Court’s new majority denied the Republic’s motion for reconsideration of aforesaid resolution, per its resolution of April 11, 1972, it, however, made the important modification that said denial “does not constitute a denial of the right of the Republic to the cancellation of the titles nullified by the decision of Judge Tengco (in Civil Case No. 373) affirmed by this Court (in G.R. No. L-20950).” It also stated that: “(E)ven the (trial court’s) order of October 27, 1970 about the resurvey merely held the remedy to be premature until the decision in this case has become final. Of course, it is understood that in such eventuality, the resurvey requested by the Provincial Fiscal would be in order and as soon as the same is completed, the proper writ of execution for the delivery of possession of the portions found to be public land should issue.” (G.R. No. L-26112, 44 SCRA 255, 262 [1972]) Thus, the majority’s denial of the motions for reconsideration was made expressly “with the clarification aforemade of the rights of the Republic.” [Note: My attached Memorandum, Annex A hereof (at pages 2 to 6 thereof), quotes more extensively the same pronouncements of the ponente, Justice Villamor, speaking for the majority, that the Resolution simply cancelled out the final damage award in favor of intervenor Tolentino, as government permittee/lessee; it covers as well similar pronouncements from Justice Makalintal in his separate concurrence that “The resolution in no way affects the rights of the Government as declared in the decision,” and Justice Barredo’s separate concurrence that “I am sure that the five justices whom I am joining in denying Petitioner’s motion for reconsideration are as firm as the three distinguished dissenters in the resolution not to allow this Court to be an instrument of land-grabbing as they are against the reversal or even modification in any substantial degree of any final and executory judgment whether of this Court or any other court in this country, and, that if there were such possibilities in consequence of the resolution of October 4, 1971 and the present resolution of denial, they would not give their assent to said resolutions. We are certain that in deciding against Petitioner Tolentino, We are not condoning nor permitting that the lands in question remain with the Dizons or with the Ayalas.” In my dissenting opinion, I expressed gratification that the dissents (submitted by then Chief Justice Roberto Concepcion and myself, both concurred in by Justice J.B.L. Reyes) had contributed to the overriding clarification “that the majority’s position - although it denies reconsideration and maintains reversal of the June 30, 1967 decision at bar - is that the Government may now finally effect reversion and recover possession of all usurped areas of the public domain ‘outside (Ayala’s) private land covered by TCT No. 722, which including the lots in T-9550 (Lots 360, 362, 363 and 182) are hereby reverted to public dominion.’ (Paragraph [a] of 1965 judgment).”[10]] After said G.R. No. L-26112 was finally disposed of, herein petitioner filed in Civil Case No. 373, a “Motion to Resurvey.” This was granted in an Order dated August 21, 1973, as well as in the Orders of December 27, 1973 and February 26, 1974, respectively. About three (3) years later, a Report on the Resurvey dated August 5, 1977 (Annex “A” to Republic’s Comment dated March 30, 1981), as well as the “Final Report” thereon dated September 2, 1977 and the “Resurvey Plan” (Annexes “B” and “C”, ibid) were approved by the Director of Lands and the Secretary of Agriculture and Natural Resources. The Resurvey further confirmed the uncontroverted fact that the disputed areas in the case at bar form part of the expanded area already reverted to public dominion. Upon approval of said Resurvey Plan and Report, petitioner submitted the same to the trial court in Civil Case No. 373. However, notwithstanding its approval by the Director of Lands, and the Secretary of Agriculture and Natural Resources, Judge Jesus P. Arlegui [who had been assigned to respondent Judge De los Angeles’ court in Batangas upon the latter’s retirement] arrogating unto himself the function which properly belongs to the Director of Lands, disapproved the said Report and Resurvey Plan, thereby preventing execution of the subdivision (a) of the decision in Civil Case No. 373. In effect, such disapproval by Judge Arlegui was intended to negate the earlier resolution in G.R. No. L-26112 (44 SCRA 255, 263) that as soon as resurvey “is completed the proper writ of execution for the delivery of possession of the portions found to be public land should issue;” Earlier, in Civil Case No. 653, respondent Zobel filed on July 10, 1969 a Motion to Suspend Further Hearing, etc., praying that the hearings in said Civil Case be indefinitely suspended until the case at bar is resolved by this Honorable Court. He contended that the issues raised in the case at bar are the very issues pending in the case below, Civil Case No. 653, and that the decision that the Court renders here “would greatly affect the respective claims of said parties in (said) case.” (G.R. No. L-46396, Record, pp. 128-130) The aforesaid motion was followed by respondent Zobel’s Motion for Immediate Resolution of Defendant-Movant’s Motion to Suspend, etc., dated August 20, 1969. An opposition thereto was filed by plaintiff therein and a reply was filed in turn by respondent Zobel on July 30, 1969. Acting on the said motions, the trial court issued an order on September 2, 1969 giving the parties certain periods to file their pleadings and cancelling a scheduled hearing until it shall have resolved the motion to suspend. Since that time, however, the trial court chose not, or failed, to act formally on the aforesaid motion to suspend hearings. Then after five (5) years, with the trial court now presided by Judge Arlegui, respondent Zobel flip-flopped and filed a Motion to Dismiss the case below dated January 14, 1976, claiming alleged failure to prosecute and res judicata, which was vigorously opposed by herein petitioner. Judge Arlegui, robot-like, nonetheless dismissed the Republic’s complaint for Zobel’s alleged grounds of failure to prosecute for an unreasonable length of time and res judicata per his order of January 12, 1977. A 35-page motion for reconsideration thereof was filed by petitioner within the extended period sought for in an earlier motion. The then Presiding Judge Arlegui summarily denied the motion for extension of time earlier filed, per its order of March 3, 1977. The “Motion for Reconsideration of Order” dated March 3, 1977, and “Supplement to Motion for Reconsideration of Order” dated March 3, 1977, were similarly denied by Judge Arlegui in his order dated June 14, 1977. Petitioner Republic thus elevated the matter to this Court by certiorari and mandamus which was docketed as G.R. No. L-46396,[11] and asked that it be consolidated with the case at bar which from the beginning was assigned to the Court en banc. However, G.R. No. L-46396 was somehow assigned to the Second Division of the Court which peremptorily dismissed the petition per its minute resolution dated December 17, 1977, which reads:
“Acting on the petition for certiorari and mandamus in this case as well as the comment thereon of the private respondent and the reply of petitioner and rejoinder thereto of said respondent, the Court resolved to DISMISS the petition, considering that although the motion for extension of time to file a motion for reconsideration of petitioner dated February 19, 1977 may be deemed as filed within the reglementary period for appeal, the same did not suspend said period which expired on February 21, 1977 (Gibbs vc. Court of First Instance of Manila, 80 Phil. 160, where the appeal, albeit late by one day, was nevertheless allowed on the ground that under the peculiar circumstances of the case showing utmost effort on the part of appellant to make the same on time, there was excusable neglect, which does not obtain here) because ‘the petition for extension of time should not interrupt the period fixed by law for the taking of the appeal’ on the ground that the ‘the only purpose of said petition is to ask the court to grant an additional period to that fixed by law to that end.’ (Alejandro v. Endencia, 64 Phil. 321).”
Soon after the dismissal of the petition in G.R. No. 46396, respondent Zobel filed in this case a “Motion to Dismiss Petition” and “Manifestation and Motion to Lift Temporary Restraining Order” issued on March 7, 1969, and another supplemental motion, on the ground that the instant case has become moot and academic by the dismissal of the complaint in Civil Case No. 653 in the court below. This was refuted by the herein petitioner in its Comment dated March 30, 1981. On December 15, 1981, Judge Arlegui precipitately rendered in Civil Case No. 653 a decision on the Counterclaim of herein respondent Zobel, declaring him the true, absolute and registered owner of the lands covered by Transfer Certificate of Title Nos. 3699, T-7702 and 9262 (now No. 10031) and directing the Government’s licensees and permittees occupying the same to vacate the lands held by them. Subsequently, on March 9, 1982, Judge Arlegui issued a writ of execution in Civil Case No. 653, prompting the heirs of Guillermo Mercado to file in this case an Urgent Motion dated March 22, 1982 to stay the same. Acting on the Urgent Motion, the Court issued another restraining order dated June 17, 1982, emphasizing the necessity therefor in this wise:
“x x x the issuance of the restraining order now prayed for by movants-heirs of Guillermo Mercado is necessary to retain the status quo since whatever rights they have are only in representation of the petitioner Republic who claims the said lands by virtue of their reversion to the public dominion as specifically adjudged by this Court in G.R. No. L-26112.”
Respondent Zobel then moved for a reconsideration and lifting of aforesaid restraining order. The heirs of intervenor Zoila de Chavez, on the other hand, moved for a preliminary mandatory injunction to restore them in possession of a portion of the land in dispute from where they had been ousted by virtue of the writ of execution issued in Civil Case No. 653. In a Consolidated Comment dated September 30, 1982, petitioner Republic opposed the said motion of respondent Zobel, and at the same time concurred with the motion filed by the heirs of Zoila de Chavez for the issuance of a writ of preliminary mandatory injunction. On or about November 8, 1983, the heirs of intervenor Guillermo Mercado filed an “Urgent Motion for Contempt and Issuance of a Temporary Restraining Order, etc.,” as respondent Zobel’s representative, in spite of the restraining order enjoining them from enforcing the writ of execution, had begun to acquire possession of the land in question by cutting off trees in the undeveloped fishpond being leased by Mercado from the Government. On November 10, 1983, the Court issued the corresponding restraining order prayed for “enjoining respondent Enrique Zobel or his duly authorized representative from further cutting off trees in the undeveloped fishpond of Guillermo Mercado having an area of Two (2) hectares, more or less, and from hauling the big trees already cut off costing P10,000.00 (Resolution dated November 10, 1983). On or about November 23, 1983, the heirs of Guillermo Mercado filed a “Second Urgent Motion for Contempt and a Second Restraining Order, etc.” since, in spite of the foregoing restraining order issued by this Court, respondent Zobel and his agent were still cutting off the trees in the disputed areas. On December 6, 1983, after the hearing en banc of this case on the merits, a resolution was rendered by this Court “to ISSUE a second temporary restraining order enjoining respondent Enrique Zobel and agents, representatives and/or any other person or persons acting on his behalf to desist from cutting off or removing any tree in the questioned areas which were declared reverted to the public domain and which are claimed by the Republic, effective immediately and until further orders by the Court.” Against this background, respondent Zobel now contends that his TCT No. 3699 and TCT No. 9262 (now T-10031) are valid and subsisting as said titles “cannot be considered automatically annulled” by the decision in G.R. No. L-20950; that the decision in G.R. No. L-20950 annulled only TCT No. 9550 and no other; that he cannot be bound by the decision in said G.R. No. L-20950 since he was not a party thereto; that the dismissal of Civil Case No. 653 and of the appeal therefrom by the Republic has quieted his questioned titles and has rendered the instant petition moot and academic; that the decision on his counterclaim in Civil Case No. 653 declaring him to be the true and registered owner of the subject land had long become final and executory, and that under the principle of res judicata the present petition ought to be dismissed; and that intervenors Mercado and Chavez have no right of possession over the land in question. The Republic’s petition is patently meritorious.
On the original issue at bar brought against respondent Judge Angeles’ issuance of preliminary mandatory injunction per the questioned Order of October 1, 1968, petitioner Republic and its co-petitioners licensees are manifestly entitled to the restraining orders issued by the Court on March 7, 1969 enjoining respondent judge from enforcing the preliminary mandatory injunction that he had issued that would oust the Republic and its licensees from the public lands in question and transfer possession thereof to respondent Zobel; that issued on June 17, 1982 enjoining enforcement of respondent Judge Arlegui’s writ of execution issued on March 9, 1982 declaring without trial respondent Zobel (on his counterclaim to the dismissed complaint) as the true and registered owner of the lands covered by TCT Nos. 3699, T-7702 and 9262 (now 10031) and directing the Republic’s licensees to vacate the same; and that issued on December 6, 1983 after the hearing on the merits, “enjoining respondent Enrique Zobel and his agents, representatives and/or any other person or persons acting on his behalf to desist from cutting off or removing any tree in the questioned areas which were declared reverted to the public domain and which are claimed by the Republic.”
Respondent Judge Arlegui, after he succeeded Judge Angeles as presiding judge, committed the gravest abuse of discretion, when, instead of granting the preliminary injunction sought by the Republic and its co-petitioners to enjoin respondent Zobel from usurping lands of the public domain covered by his voided expanded subdivision titles, he dismissed the complaint on January 12, 1977 and almoust four years later on December 15, 1981, without any trial, granted said respondent’s counter prayer in his Answer to the complaint in Civil Case No. 653 for the issuance of a mandatory injunction upon a P10,000.00 bond to oust petitioner Republic and its permitees and/or lessees from the property and to deliver possession thereof to respondent Zobel. It is settled doctrine that as a preliminary mandatory injunction usually tends to do more than to maintain the status quo, it is generally improper to issue such an injunction prior to the final hearing and that it may issue only in cases of extreme urgency, where the right is very clear.[12] Contrary to respondent Zobel’s assertion, the 1965 final judgment in favor of the Republic declared as null and void, not only TCT No. 9550, but also “other subdivision titles” issued over the expanded areas outside the private land of Hacienda Calatagan covered by TCT No. 722. As shown at the outset,[13] after respondents ordered subdivision of the Hacienda Calatagan which enabled them to acquire titles to and “illegally absorb” the subdivided lots which were outside the hacienda’s perimeter, they converted the same into fishponds and sold them to third parties. But as the Court stressed in the 1965 judgment and time and again in other cases, it is an elementary principle of law that said areas not being capable of registration, their inclusion in a certificate of title does not convert the same into properties of private ownership or confer title on the registrant.”[14] This is crystal clear from the dispositive portion or judgment which reads: WHEREFORE, judgment is hereby rendered as follows:
(a) Declaring as null and void Transfer Certificate of Title No. T-9550 (or Exhibit “24”) of the Register of Deeds of the Province of Batangas and other subdivision titles issued in favor of Ayala y Cia and/or Hacienda de Calatagan over the areas outside its private land covered by TCT No. 722, which, including the lots in T-9550 (lots 360, 362, 363 and 182) are hereby reverted to public dominion.”
This final 1965 judgment reverting to public dominion all public lands unlawfully titled by respondent Zobel and Ayala and/or Hacienda Calatagan is now beyond question, review or reversal by any court, although as sadly shown hereinabove, respondents’ tactics and technical manuevers have all these 23 long years thwarted its execution and the Republic’s recovery of the lands and waters of the public domain. Respondent Zobel is bound by his admission in his Answer to the complaint below that when Civil Case No. 373 was docketed, he “was and still is at present one of the members and managing partners of Ayala y Cia., one of the defendants in the said civil case, and, therefore, privy thereto.” Clearly, the burden of proof lies on respondent Zobel and other transferees to show that his subdivision titles are not among the unlawful expanded subdivision titles declared null and void by the said 1965 judgment. Respondent Zobel not only did not controvert the Republic’s assertion that his titles are embraced within the phrase “other subdivision titles” ordered cancelled but failed to show that the subdivision titles in his name cover lands within the original area covered by Ayala’s TCT No. 722 (derived from OCT No. 20) and not part of the beach, foreshore and territorial sea belonging and ordered reverted to public dominion in the aforesaid 1965 judgment.
The issues at bar have been expanded by the parties, as shown by the voluminous records of the case (which have expanded to 2,690 pages in three volumes); to cover the questioned actions of respondent Judge Arlegui (a) in dismissing the Republic’s complaint in Civil Case No. 653 of his court per his Order of January 12, 1977 (subject of the Court’s Second Division’s Resolution of December 17, 1979 dismissing the Republic’s petition for review in Case G.R. No. L-46396); and (b) his decision of December 15, 1981, after almost four years, on respondent Zobel’s counterclaim in the same case, declaring him the true and registered owner of the lands covered by some three subdivision titles in his name,[15] as well as (c) the resurvey of the lands affected so as to properly segregate from Ayala’s expanded TCT No. 722 the estimated 2,000 hectares of territorial sea, foreshore and navigable waters, etc., of the public domain and enforcement and execution of the 1965 final judgment reverting these usurped public areas to public dominion.[16] On the first question of the precipitate dismissal of the Republic’s complaint in the case below, Civil Case No. 653, the records show respondent judge’s action to have been capricious, arbitrary and whimsical. His first ground of non-prosecution of the action by the Republic is belied by his very Order which shows that the proceedings had been suspended all the while since its filing in 1967 upon insistent motions of respondent Zobel, against petitioner’s vigorous opposition, that it was necessary as a cuestion previa to await the Court’s resolution of the case at bar.
His second ground of res judicata is likewise devoid of logic and reason. The first case (the 1965 judgment in Case L-20950) decreeing the reversion to public dominion of the public lands and waters usurped by respondent’s unlawfully expanded titles and ordering the cancellation of all such titles and their transfers could not possibly be invoked as res judicata the case at bar on respondent Zobel’s untenable submission that his unlawfully expanded titles were not specifically mentioned in the 1965 judgment. The Court in said 1965 judgment had stressed the elementary rule that the generally incontestable and indefeasible character of a Torrens Certificate of Title does not operate when the land covered thereby is not capable of registration, as in this case, being part of the sea, beach, foreshore or navigable water or other public lands incapable of registration.[17] It should be noted further that the doctrine of estoppel or laches does not apply when the Government sues as a Sovereign or asserts governmental rights, nor does estoppel or laches validate an act that contravenes law or public policy,[18] and that res judicata is to be disregarded if its application would involve the sacrifice of justice to technicality.[19] Respondent Judge Arlegui’s refusal to grant the Republic a simple 15-day extention of time to file a Motion for Reconsideration on the ground that such motion was filed on the last day (following a Sunday) and he could no longer act thereon within the original period per his Orders of March 3, 1977 and June 14, 1977[20] depict an incomprehensible disregard of the cardinal principle that procedural rules are supposed to help and not hinder the administration of justice and grass indifference, if not outright hostility against the public interest. At any rate, such dismissal of the complaint and dismissal on December 17, 1979 of the petition for certiorari thereof by the Court’s Second Division, based on purely procedural and technical grounds, does not and cannot in any way have any legal significance or prejudice the Republic’s case. Such dismissal by the Second Division cannot in any way affect, much less render nugatory, the final and executory 1965 judgment in G.R. No. L-20950 reverting the public lands and waters to public dominion. Much more so when we take into account the mandatory provisions of Article VIII, section 4(3) of the 1987 Constitution (and its counterpart Article X, section 2(3) of the 1973 Constitution) to the effect that only the Supreme Court en banc may modify or reverse a doctrine or principle of law or ruling laid down by the Court in a decision rendered en banc or in division.
Respondent judge’s “decision” on respondent Zobel’s counterclaim and declaring him, four years after dismissal of the Republic’s complaint, as the true owner of the lands unlawfully titled in Zobel’s name is properly before the Court in the case at bar. We declare the same null and void for want of jurisdiction over the subject properties which were reverted to public dominion in the final 1965 judgment which annulled all expanded titles unlawfully secured by respondents and their transferees to public waters and lands. As to the third and most important question of finally executing and enforcing the 1965 judgment in favor of the Republic and reverting all usurped areas to public dominion, the Solicitor General has complained rightfully in his Memorandum that “mass usurpation of public domain remains unabated ….. for almost (23) years now execution of the 1965 final judgment in G.R. No. L-20950, ordering the cancellation of the subdivision titles covering the expanded areas outside the private lands of Hacienda Calatagan, is being frustrated by respondent Zobel, the Ayala and/or Hacienda Calatagan. As a consequence, the mass usurpation of lands of public domain consisting of portions of the territorial sea, the foreshore, beach and navigable water bordering Balayan Bay, Pagaspas Bay and the China Sea, still remain unabated. (T)he efforts of Ayala and Zobel to prevent execution of said final judgment are evident from the heretofore-mentioned technical maneuvers they have resorted to. In brief, they moved to quash and secured the quashal of the writ of execution, succeeded in opposing the issuance of another writ of execution, opposed the motion to conduct resurvey, opposed the approval and secured a disapproval of resurvey plan, moved to dismiss and got a dismissal of Civil Case No. 653, ousted government fishpond permittees from the subject lands and threatened to eject the other permittees therefrom, and secured from the lower court a declaration of validity of their void titles. Also, in this case, respondent Zobel is trying to prevent the cancellation of his void titles by resorting to frivolous technicalities thus flouting this Honorable Court’s decision in G.R. No. L-20950.”[21]
We heed the Republic’s pleas that
“It bears stressing that the Resurvey Plan (Annex ‘C’, together with Annexes ‘A’ and ‘B’ of Republic’s Comment dated March 30, 1981, being a Report on the Resurvey dated August 5, 1977 and the ‘Final Report’ dated September 2, 1977, respectively) delineating the expanded areas covered by subdivision titles derived from TCT No. 722 has been prepared by a Committee created by the Secretary of Agriculture and Natural Resources wherein Ayala and/or Hacienda Calatagan was represented by Engineer Tomas Sanchez, Jr. and approved by the Director of Lands. Well to recall that under G.R. No. 26112 (44 SCRA 255, 263), this Honorable Court, in a Resolution dated April 11, 1972, declared that as soon as said resurvey ‘is completed the proper writ of execution for the delivery of possession of the portion found to be public land should issue.’ Thus: [See pages 3-5 of Annex ‘A’ hereof for text of Resolution.] “By virtue of the aforesaid resolution, therefore, there should no longer be any legal impediment against the execution of the final judgment in Civil Case No. 373 (G.R. No. L-20950), the issuance of which is purely ministerial - the dubious decision in Civil Case No. 653 notwithstanding. Accordingly, to give legal significance to the earlier decision and resolution of this Honorable Court in G.R. No. L-20950 and 26112, respectively, and to foreclose any further legal obstacle on the matter, we pray this Honorable Court to declare the proceedings conducted by respondent judge in Civil Case No. 653 null and void ab initio, and to consider the resurvey plan as sufficient basis for the immediate issuance of the corresponding writ of execution in Civil Case No. 373. For it is only upon said execution that the oft revived issues of ownership and possession over the land in question, as well as over all other lots covered by subdivision titles outside the private land covered by TCT No. 722, may be finally laid to rest. Indeed, under the facts and circumstances obtaining in the case at bar, execution of the final judgment in Civil Case No. 373 is long overdue.”[22]
To allow repetition after repetition of the maneuvers hereinabove set forth in detail, notwithstanding the final 1965 judgment in favor of the Republic, and to protract further the return to the Republic of the usurped lands pertaining to the public domain would be to sanction a legal abomination. As stated by the late Chief Justice Roberto Concepcion, to frustrate delivery and return of the usurped lands to the Republic would:
“(1)
Establish a precedent - fraught with possibilities - tending to impair the stability of judicial decisions and affording a means to prolong court proceedings or justify the institution of new ones, despite the finality of the judgment or decree rendered in the main case, by sanctioning a departure from the clear, plain and natural meaning of said judgment or decree;
(2)
Contribute to the further increase of the steadily mounting number of cases pending before our courts of justice, and thus generate greater delay in the determination of said cases, as well as offset the effect of legislative and administrative measures taken - some upon the suggestion or initiative of the Supreme Court - to promote the early disposal of such cases;
“(3)
Impair a normal and legitimate means to implement the constitutional mandate for the protection and conservation of our natural resources and the patrimony of the nation; and
“(4)
Promote usurpations of the public domain, as well as the simulation of sales thereof by the original usurper, by exempting him from responsibility for damages - which would not have been sustained were it not for the irregularities committed by him - so long as he has conveyed the subject matter thereof to a purchaser for value, in good faith.”[23]
As in Air Manila, Inc. v. CIR[24] and several other cases, in order to avoid further intolerable delay and bring to reality the execution of the 1965 judgment that would enable the State to recover at last the estimated 2000 hectares of lands and waters of the public domain, the Court will order its Clerk of Court to issue directly the corresponding writ of execution of judgment addressed to the sheriffs of the locality. We declare respondent judge’s gratuitous “disapproval” of the Resurvey Plan and Report duly approved by the Director of Lands and the then Secretary of Agriculture and Natural Resources as null and void for being ultra vires and lack of jurisdiction over the same. It is well-recognized principle that purely administrative and discretionary functions may not be interfered with by the courts. In general, courts have no supervising power over the proceedings and actions of the administrative departments of government. This is generally true with respect to acts involving the exercise of judgment or discretion, and findings of fact.[25] There should be no thought of disregarding the traditional line separating judicial and administrative competence, the former being entrusted with the determination of legal questions and the latter being limited as a result of its expertise to the ascertainment of the decisive facts.[26] WHEREFORE, judgment is hereby rendered
Annulling the questioned mandatory injunction of October 1, 1968 issued by respondent judge and making permanent the restraining orders issued by the Court; Declaring as null and void the questioned decision of December 15, 1981, as well as the corresponding writ of execution therefor, having been issued by respondent judge with grave abuse of discretion and without jurisdiction, and for being in contravention of the final 1965 decision in Civil Case No. 373 as affirmed in G.R. No. L-20950; Declaring the Resurvey Plan duly approved by the Director of Lands as sufficient basis for the execution of the final judgment in the aforesaid Case No. 373 as affirmed in G.R. No. L-20950; and Directing the Clerk of this Court to forthwith issue the corresponding writ of execution in the case at bar for Civil Case No. 373 of the Regional Trial Court (formerly Court of First Instance) of Batangas (Balayan, Branch) reverting to public dominion and delivering to the duly authorized representatives of the Republic all public lands and lots, fishponds, territorial bay waters, rivers, manglares, foreshores and beaches, etc. as delineated of the aforesaid duly approved Resurvey Plan (Annex “C”) and any supplemental Resurvey Plan as may be found necessary* and duly approved by the Secretary of Agriculture.
This decision is IMMEDIATELY EXECUTORY and no action for extension of time to file a motion for reconsideration will be granted. Yap, Fernan, Narvasa, Melencio-Herrera, Gutierrez, Jr., Cruz, Paras, Feliciano, Gancayco, Bidin, Sarmiento, and Cortes, JJ., concur. Padilla, and Griño-Aquino, JJ., took no part.