HEIRS OF DICMAN, namely: Ernesto Dicman, Paul Dicman, Florence Dicman, Feliciano Torres, Torres, Emily Torres, Tomasito Torres, Torres, and Heirs of Cristina Alawas and Babing Cosil, Petitioners, vs Jose Carino and CA, Respondents. G.R. No. 146459
June , !""6
T!is is a "etition for review on certiorari under #ule $% &uestioning t!e w!ic! a'rmed in toto t!e Decision of t!e #TC (a Trinidad, Benguet) and t!e CA w!ic! denied t!e "etitioners* motion for reconsideration reconsideration T!e "etition originated from from an action for recovery recovery of "ossession of t!e eastern !alf of a "arcel of land situated in Cam" +even, Baguio City, consisting of -,--. s&uare meters, more or less, and identi/ed as (ot $., Ts012, Ts012, Plan +34015% +34 015% 6(ot $. for brevity7 T!e sub8ect land, !ad been "art of t!e land claim of 9ateo Cario, t!e great grandfat!er of "rivate res"ondent ;ose Carino 3it!in t!is site, a sawmill and ot!er buildings !ad been constructed by HC Heald in connection wit! !is lumber business 4n 9arc! $, 2., 2., HC Heald Heald sold t!e buildings to +ioco, +ioco, son of 9ateo and grandfat!e grandfat!err ;ose, w!o t!en too< "ossession of t!e buildings and t!e land on w!ic! t!e buildings were situated Ting0el Dicman 6Ting0el7, "redecessor0in0interest "redecessor0in0interest of t!e "etitioners !ad been em"loyed by +ioco as !is cattle !erder 4n t!e advice of !is lawyers, and because t!ere were already many "arcels of land recorded in !is name, +ioco caused t!e survey of t!e land in controversy in t!e name of Ting0el 4n 4ctober ==, 2=>, Ting0el Dicman e?ecuted a @Deed of Conveyance of Part #ig!ts and nterests in Agricultural (and@ wit! +ioco After t!e e?ecution of t!e t!e deed, +ioco, w!o !ad been in "ossession of t!e land in controversy since 2., continued to stay t!ereon 4n ;anuary -, 21>, +ioco e?ecuted, e?ecuted, as seller, a @Deed of Absolute +ale@ covering t!e sub8ect land and its im"rovemen im"rovements ts wit! !is son, uman, uman, t!e fat!er of ;ose, ;ose, as buyer buyer He t!en too< "ossession "ossession and occu"ied occu"ied t!e "ro"erty "ublicly, "ublicly, "eacefully, "eacefully, and in t!e conce"t of owner and intr introd oduc uced ed vari variou ous s im"r im"rov ovem emen ents ts,, /ndi /nding ngs s of fact fact w!ic w!ic! ! we werre eit! eit!er er con/ con/rrme med d or uncontroverted by t!e CA 4n ;uly =5, 2%$, uman Cario !ad t!e entire (ot $. resurveyed and evenly divided t!e lot into (ot 5.0A and 5.0B, and "ur"ortedly indicated t!at (ot 5.0A, consisting of %-,2%1 s&uare meters, belonged to t!e "etitioners, w!ile (ot 5.0B, also consisting of %-,2%1 s&uare meters, formerly "ertained to +ioco and, later, to uman Additionally, t!e resurvey indicated t!e !ouse w!ere "rivate res"ondent ;ose Cario resided and, before !im, w!ere !is "redecessors0 in0interest, +ioco and uman Cario, also resided 4n 9ay =1, 2%%, uman Cario /led a Free Patent A""lication over t!e land in &uestion T!e a""lication was given due course, but uman later wit!drew it w!en !e decided to /le !is o""ositio o""osition n to t!e "etition "etition later /led by t!e !eirs of Ting0el ing0el Dicman Dicman w!ic! soug!t to establis! owners!i" over (ot 5.0A 5.0A and (ot 5.0B 5.0B 4n 9arc! ., 2.1, t!e trial court rendered rendered a "artial 8udgment and con/rmed t!at t!e title over (ot 5.0A belonged to t!e !eirs of Ting0el Dicman, t!ere !aving been no adverse claim But as to (ot 5.0B, t!e trial court found it necessary to !old furt!er !earing in order to decide on t!e adverse claims of t!e "arties 3!il 3!ile e t!e t!e fore forego goin ing g "eti "etiti tion on wa was s "end "ending ing in t!e t!e tria triall court court,, Pres Presid ident ent a arc rcia ia issu issued ed Proclam Proclamatio ation n o .=> @e?cludi @e?cluding ng from from t!e o"eration o"eration of t!e Baguio Baguio Townsite ownsite #e #eservat servation ion certain "arcels of "ublic land
= 2>= um uman an*s *s wido widow w and and son son ;ose ;ose,, "riv "rivat ate e res"ondent, continued "ossession of t!e sub8ect "ro"erty "ro"erty 4n A"ril =-, 2>1, "etitioners, suing as com"ulsory !eirs of Ting0el Dicman, revived t!e foregoing case by /ling a com"laint for recovery of "ossession wit! damages involving t!e
sub8ect "ro"erty wit! t!e #TC see2$-7 CA dismissed t!e "etition and a'rmed in toto t!e ruling of t!e #TC and also denied t!e "etitioner*s "etition t!ru a resolution T!e "etitioners /led t!eir "etition for review on certiorari under #ule $% raising t!ree grounds for t!eir "etition T!e "etitioners /led t!eir 9anifestation and 9otion to +ubstitute Babing Cosil and Cristina Alawas 3it! T!eir #es"ective Heirs stating, among ot!ers, t!at ;ulio F Dicman, son of "etitioner Ernesto Dicman, !ad been a""ointed by t!e "etitioners to sign t!e "etition for and in t!eir be!alf, but due to distance and time constraints between 9a
w!o "ersonally
