for Dominga Pinagawang; Lot No.

4 for Talinanap Matualaga and

[ GR No. 76487, Nov 09, 1990 ] "Melencio Yu, together with his wife, Talinanap Matualaga filed on
December 21, their respective Free Patent Application for both Lot
HEIRS OF JOHN Z. SYCIP NAMELY NATIVIDAD D. SYCIP v. CA + Nos. 4 and 2. On April 18, 1961, the approval of the Director of
Lands of the Free Patent Application, Free Patent No. V-178889 was
DECISION issued on June 22, 1961 by authority of the President of the
Philippines (Exh. "A"). Upon transmittal to the Register of Deeds on
PARAS, J.: July 17, 1961, the latter issued to Melencio Yu, married
to Talinanap Matualaga, Original Certificate of Title No. (C-14496)
This is a petition for review on certiorari seeking the reversal of the September 22, (P-523) on August 23, 1961 (Exh. "B"), "B-1" and "BB"). The owner's
1986 decision* of the Court of Appeals in CA- G.R. No. 69000 entitled "Melencio Yu, copy of said title, however, was not received by the
et al. v. Heirs of John Z. Sycip" affirming the decision** of the Court of First Instance of patentee Melencio Yu because the same was given to defendant
South Cotabato, Branch I dated April 22, 1982 in Civil Case No. 1291 which, among John Z. Sycip (now deceased).
others, adjudged private respondents Melencio Yu and TalinanapMatualaga as the
registered absolute owners of Lot No. 4 and ordered the petitioner to deliver to the "In 1958, on account of jealousy, Talinanap Matualaga left her
private respondents the property in question and to pay the attorney's
husband at Tocanabago, General Santos, South Cotabato, where
fees.The decretal portion of the appealed decision reads as follows: they had a house in the land in question since their marriage and
"WHEREFORE, no reversible error in the decision appealed from, lived with her parents at Baluan, Cotabato. For the same
the same is hereby affirmed with period, Melencio Yu lived in Tupi, South Cotabato. They reconciled,
costs againsts defendant?appellants. however, in 1963 and since then lived together in Buluan.

SO ORDERED." (p. 50, Rollo) "Upon their reconciliation, however, Melencio Yu asked his wife if a
certain Alfonso Non had approached her regarding the sale
of their land to John Sycip. Talinanap Matualaga answered in the
The antecedent facts of the case as found by the appellate court are as follows:
negative and further said that she never executed any instrument
"The plaintiffs-spouses are native muslims. Prior to conveying her property to anyone. Melencio Yu then explained that
1952, Talinanap Matualaga bought a parcel of land with an area of while they were separated, Alfonso Non approached him and told him
54,.4980 hectares, more or less, situated at Makar, General Santos that there was a buyer interested in their land at a price of P200.00
City (using the money given to her by her parents) from per hectare. Melencio told Non that the land belonged to his wife as
vendors CosinBentaib and Hadji Abdaua Mohamad. The land was, her paraphernal property, hence, he did not have authority to sell the
however, surveyed in the name of Bangon Yu (father of same. Alfonso Non, however, convinced Melenciothat if he would
plaintiff Melencio Yu) on June 14 to 16, 1952 by private only sign the documents which Non had prepared then Non will
surveyor Justino Mendoza which was approved by the Director of secure the signature of Talinanap in Buluan, and if Non fails to
Lands on March 4, 1953. On September 11 to 12, 1953, the land get Talinanap's signature, then Melencio's signature will be null and
was subdivided into five (5) lots in another survey conducted and void. With such understanding, Melencio signed the "Agreement of
executed by Justino Mendoza, and approved by the Director of Transfer of Rights and Deed of Sale" (Exh. "B") and the "Quitclaim
Lands on July 1, 1954. The subdivision was as follows: Lot No. 1 Deed" (Exh. "D"), without receiving any consideration therefore. It
for Bengon Yu; Lot No. 2 for Melencio Yu; Lot No 3 turned out that the deeds involved the sale at the whole parcel of land
 consisting of more than 54 hectares in favor of John Sycip for a On April 22, 1981, the trial court in its order adopted the evidence presented in Civil
consideration of P9,500.00. Case No. 969 both oral and documentary and reversed its Order dated June 21, 1973
dismissing the complaint and declared private respondent as the registered and
"By reason of these information, the spouses sought the assistance absolute owners of the land in question. (Rollo, p. 147; Record on Appeal p. 71)
of the Commission on National Integration of Southern Mindanao Petitioners' motion for reconsideration was denied by the trial court on June 5,
office which informed them that their original certificate of titles were 1981. (Rollo, p. 96)
taken and delivered to John Sycip by virtue of the sale documents in
question. Hence, this petition for review before Us.

The pivotal issue of this case is whether or not the sale of lot no. 2 Psu-135740-Amd is
"Plaintiffs demanded the return of their land to them and the null and void ab initio.
declaration of nullity of the documents in question." (pp. 45-46, Rollo)
The petition is devoid of merit.
On December 6, 1986 private respondents filed a complaint against John It is not disputed that the private respondents are Muslims who belong to the cultural
Z. Sycip (later substitued by his heirs upon his death) petitioners herein, before the minority or non-Christian Filipinos as members of
trial court, docketed as Civil Case No. 969 for the Declaration of Nullity of Document the Maguindanao Tribe. Any transaction, involving real property with them
and Recovery of Possession of Real Property with a prayer for a writ of Preliminary is governed by the provisions of Sections 145 and 146 of the Revised Administrative
Mandatory Injunction and Damages, with Lot No. 4 Psu 135740-Amd, as the subject Code of Mindanao and Sulu, Section 120 of the Public Land Act (Commonwealth Act
matter which was adjacent to Lot No. 2 Psu-135740-Amd. (Rollo, p. 149) On March 2, No. 141), as amended, and Republic Act No. 3872, further amending the Public Land
1971 the trial court upheld the right of the private respondents to be restored to the Act.
possession of the aforesaid parcel of land by declaring null and void ab initio or
inexistent all documents of conveyance of sale by the petitioners. On appeal, the Section 145 of the Revised Administrative Code of Mindanao and Sulu provides that
appellate court in its decision dated October 2, 1978 affirmed in toto the any transaction involving real property with said non-Christian tribes shall bear the
decisionof the trial court. Said decision became final and executory and the private approval of the provincial governor wherein the same was executed or of his
respondents were restored to the possession of Lot No. 4 Psu-135740-Amd by virtue representative duly authorized in writing for such purpose, indorsed upon
of the writ of execution issued by the trial court. (Rollo, p. 150) it. Section 146 of the same code considers every contract or agreement made in vio
lation ofSection 145 as null and void. (Underscoring supplied)
Meanwhile, on May 2, 1972, private respondents filed another complaint in the Court
of First Instance of Cotabato Branch I for the Declaration of Nullity of Documents and Section 120 of the Public Land Act (Commonwealth Act No. 141) provides that
Recovery of Possession of Real Property with a prayer for a Writ of Preliminary conveyances and encumbrances made by persons belonging to the so-called "non
Mandatory Injunction and Damages docketed as Civil Case No. 1291, this time it was Christian tribe" shall be valid if the person making the conveyance or encumbrance is
Lot No. 2 Psu-135740-Amd as the subject matter of the aforesaid case. able to read and can understand the language in which the instrument of conveyance
or encumbrance is written. Conveyances and encumbrances made by illiterate
On June 21, 1973, the trial court issued its order dismissing the case on the ground of non-Christians shall not be valid unless duly approved by the
prescription (Rollo, p. 95). It was on July 18, 1973 that private respondents filed their Commissioner of Mindanao and Sulu.
urgent motion for reconsideration to set aside the order dated June 21, 1973 which
was denied on October 1, 1973 (Rollo, p. 146). Republic Act No. 3872 provides that conveyances and encumbrances made by
illiterate non-Christian or literate non-Christians where the instrument of conveyance
On appeal, the Court of Appeals, Special Eighth Division, rendered its decision in or encumbrance is in a language not understood by said literate non-Christians shall
favor of private respondents thereby setting aside the order of dismissal of the trial not be valid unless duly approved by the Chairman of the Commission
court dated June 21, 1973 and remanding the case for further proceedings (Rollo, p. on National Integration.
147).
All the documents declared null and void or inexistent by the trial court and affirmed by
the Court of Appeals were found to have been falsified in Civil Case No. 969; without
consideration and more importantly without approval by any of the following
officials: the Provincial Governor of Cotabato, Commissioner of Mindanao and Sulu,
or the Chairman of the Commission on National Integration and therefore null and
void.

With the resolution of this issue there appears to be no necessity to dwell on the other
issues of this case.

PREMISES CONSIDERED, the petition is hereby DISMISSED and the decision of

SO ORDERED.