Monday, January 12, 2009 [ manilatimes.net ]
STRESSING that its inviolable right to due process has been violated, a Cebu-based firm engaged in aquaculture business has sought relief from the Supreme Court (SC) in an effort to regain ownership of a P100-million worth of land property in Lapu-Lapu City.
In a four-page urgent motion, Aqualab Philippines Inc. appealed to the SC’s Second Division to set for oral arguments its case involving the disputed property not only for the sake of justice, “but also because the questioned resolution of this Court, if allowed to become final, would be a very dangerous precedent.”
The firm had earlier sought a reconsideration of the second division’s resolution dated September 29, 2008 that nullified its ownership over a 1.7 hectare of prime land in Lapu-Lapu City that it bought in 1988.
It likewise filed a 51-page supplement to motion for reconsideration, asking the said court division to reconsider and set aside its September 29, 2008 resolution.
The assailed resolution has denied Aqualab’s petition seeking to reverse and set aside the Court of Appeals (CA) decision dated March 15, 2007, which overturned the September 30, 1997 decision of Lapu-Lapu City Regional Trial Court, Branch 53, that dismissed the complaint for declaration of nullity of documents, cancellation of transfer certificates of title and reconveyance with right of legal redemption filed by respondents heirs of Marcelino Pagobo, on ground of lack of cause of action and prescription.
In seeking for a reversal of the September 29, 2008 resolution, Aqualab said the tribunal appeared to have committed an error in upholding a March 17, 2007 decision of the appellate court that ordered the cancellation of its titles to its property in favor of the heirs of Marcelino Pagobo.
In fact, Aqualab cited that as early as 1977, the SC had validated certain conveyances of portions of the property from where its land used to be a part of “and which decisions have not been questioned by the government since 1977 and until the present, such that no reasonable conclusion can be had that the government has already recognized the validity of the ownership and title of the transferors.
But in the case of Aqualab, the Court of Appeal decision reversed the September 30, 1997 ruling of the Lapu-Lapu City Regional Trial Court that dismissed the complaint for declaration of nullity of documents, cancellation of transfer certificates of title and reconveyance with right of legal redemption filed by the Pagobos.
Worse, Aqualab said the Court’s second division affirmed in a minute resolution on September 29, 2008 the CA decision without affording its constitutional right to due process and fair judicial proceedings.
According to Aqualab, the CA abused its discretion in deciding on the merits the case brought by thePagobos who merely wanted the appellate court to remand to the RTC for trial the case they filed against the firm.-- William B. Depasupil