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Francisco Alfonso vs, substituted by Mercedes V. Alonso, Tomas V. Alonso and Asuncion V. Alonso vs.

Cebu Country Club, Inc. Republic of the Philippines, represented by the Office of the Office of the
Solicitor General G.R. No. 188471 April 20,2010

Petitioner died during the pendency of the case and was replaced by his legal heirs. Petitioner
discovered that his father acquired lot of the Banilad Friar Land Estate from the government. The original
vendee assigned his sales certificate to Tomas and the Director of Lands executed a final deed of sale in
favor of Alfonso. The same deed of sale was not registered with the Register of Deeds. Francisco
discovered that the certificate of title covering Lot No. 727-D-2 of the Banilad Friar land Estate was
reconstituted from owners duplicate of TCT No. RT-1310 in the name of United Service Country Club Inc.,
predecessor of Cebu Country Club. Subsequently the name of the registered owner had been changed to
that of Cebu Country Club and TCT stated that the reconstituted title was a transfer from TCT 1021.
Francisco demanded to restore ownership and possession. He filed a declaration of nullity and non-
existence of deed/title, cancellation of certificates of title and recovery of property. Cebu Country Club
filed its counterclaim.
RTC decided in favor of Cebu Country Club. CA affirmed the RTC. Francisco filed a motion for
reconsideration but was denied as the decision in G.R No. 130876 become final and executory. In 2004,
the Government filed a motion for the issuance of a writ of execution. Congress enacted R.A 9443 to
validate TCT and reconstituted titles covering the Banilad Friar Estate.
Cebu Country Club and OSG filed a motion for the issuance of writ of execution of the latter’s
motion but was denied. Petitioner’s filed a motion for reconsideration questioning the denial. OSG
manifested in writing that the Government no longer seeks the execution of the decision subject to its
reservation to contest any other titles within Banilad should clear evidence show that titles have been
obtained through fraud. RTC denied the motion stating the petitioners had no legal standing, that the R.A
9443 confirms and declares all existing titles valid thereby the state in effect waived and divested itself of
title or ownership over Banilad and Cebu Country Club was recognized as the absolute owner. Petitioners
challenged the orders.

1. WON petitioners were the real parties-in-interest to question the denial by the RTC of theOSGs
motion for the issuance of a writ of execution
2. WON R.A 9443 gave petitioners a legal interest to assail the RTC orders.
3. WON the petitioner can appeal by petition for review on certiorari in behalf of the OSG.

Preliminary Considerations: Petitioners contravene the hierarchy of courts and the petition is fatally

Petitoners were guilty of two violations that warrant immediate dismissal. First refers to the breach
hierarchy of courts by coming directly to the SC. Hierarchy of Courts is essential to the efficient
functioning of the courts and to the orderly administration of justice. CA was in better position to review
and determine whether petitioners were real parties in interest. The second was omission of a sworn
certification against forum shopping. Neither of the co-petitioners signed the sworn certification.
Petitioners are not proper parties to appeal and assail the order of the RTC.

The court found that the cause of petitioners instantly fails. The did not acquire ownership of Lot no.
727-D-2 and legally declared that it belonged to the Government. Sales patent and deed of sale were
not registered with the Register of Deeds and no title was issued in the name of Tomas because basic
requirements are not complied with. Deed of sale executed by the Director of Lands was not approved
by the Secretary of Agriculture and Natural Resources. Neither Tomas nor his son Francisco or the
latter’s heirs are lawful owners of the disputed land.
Real party in interest is the one who stands to be benefited or injured by the judgement in the
suit or the party entitled to the avails of the suit. Interest within the meaning of the rule means material
interest. The rule refers to a real or present substantial interest as distinguished from a mere
expectancy, future, contingent or consequential interest. The manifest desistance of the Government,
being the only party adversely affected from the execution of the decision effectively barred any
challenge against the denial for its non-appeal rendered the denial final and immutable.

R.A 9443 gives petitioners no legal interest to assail the denial of the motion for execution.

The law expressly declares as valid all existing TCT and reconstituted Certificates of Title duly
issued by the Register of Deeds of covering any portion of the Banilad Friar Land Estate and recognizes
the registered owners as absolute owners. The appropriate course of the petitioner is to compel the
OSG through special civil action for mandamus to commence the action to annul on the ground that
Cebu County Club had obtained its title through fraud.

The petition for review on certiorari in denied for lack of merit. The court declared that Cebu
Country Club Inc. is the exclusive owner of the lot as confirmed by R.A 9443.