Subject Matter: Judicial Decisions

Relevant Codal Provisions/Doctrine:

NCC Article 8 Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal
system of the Philippines.
Rule 45 (Rules of Court) Section 1 The petition shall raise only questions of law which must be distinctly set
forth. (But SC may review facts if the situation falls within recognized exceptions. See end of the digest for the
exceptions.)

Jesus Virtucio (represented by Abdon Virtucio) vs. Jose Alegarbes

G.R. NO. 187451 / 29 August 2012
Ponente:

Facts:
Petitioner filed a petition for review on certiorari of a decision of the Court of Appeals under Rule 45. Petition
seeks to reverse and set aside CAs 2009 reversal of the 2001 RTC decision (action for Recovery of
Possession and ownership with Preliminary Injunction).
Jose Alegarbes filed Homestead Application No. V-33203 (E-V-49150) for a 24-heactare tract of unsurveyed
land in Baas, Lantawan, Basilan in 1949. Application was approved on January 23, 1952.
1955 As a consequence of public land subdivision, the land was divided into three lots Lot Nos. 138, 139,
and 140 Pls-19.
o Lot 139 allocated to Ulpiano Custodio (filed Homestead application No. 18-4493 (E-18-2958)
o Lot 140 allocated to petitioner Jesus Virtucio (Homestead Application No. 18-442 (E-18-2924)

a. Alegarbes opposed the homestead applications of Custodio and Virtucio and claimed that his approved
application covered the whole area (including Lot Nos. 139 and 140).
o October 31, 1961 Director of Lands denied Alegarbes protest and amended his application to
exclude lots 139 and 140. Only Lot 138 was given due course.
b. Alegarbes appealed to the Secretary of Agriculture and Natural Resources dismissed his appeal on July 28,
1967.
c. He sought relief from the Office of the President affirmed the dismissal order from the Secretary of
Agriculture and Natural Resources in a decision dated October 25, 1974.
o Alegarbes moved for a reconsideration, but the motion was subsequently denied.
d. May 11, 1989 an order of execution was issued by Lands Management Bureau of the DENR, asking
Alegarbes to vacate the subject lot but he refused.
e. September 26, 1997 Virtucio filed a complaint for Recovery of Possession and Ownership with
Preliminary Injunction before RTC.

Regional Trial Court (Branch 1, Isabela, Basilan); 19 Feb 2001

Court of Appeals; 25 Feb 2009

Issue/s: Is the statute constitutional?

Holding: No. The statute fails to follow whatever standard is set by whatever
Dispositive: Petition granted; CA decision reversed

Dissents: J. Carpio dissents because he believes that xxx; J. Velasco and J. Del Castillo join Carpio

Concurring: J. Brion concurs with the ruling, but not in the ratio. He believes that xxx; J. Leonen joins Brion

Important remarks:
The Court is not precluded from reviewing facts when the case falls within the recognized exceptions, to wit:
a. When the findings are grounded entirely on speculation