Filinvest founder files civil suit vs Cebu City couple

CEBU, Philippines -The founder and chairman emeritus of Filinvest Development Corporation yesterday filed a civil complaint before the Regional Trial Court in Cebu City against a couple over a lot in Barangay Lahug.

Andrew Gotianun, resident of San Juan City in Metro Manila, represented by lawyer Antonio Cenon, filed the complaint against spouses Epifanio Labiste and Tomasa Mabitad Labiste, and their siblings seeking to nullify the title of the lot he claimed to be his.

Gotianun, in his complaint, claimed co-ownership of a parcel of land particularly described as Lot 1054 of the Banilad Friar Lands Estate situated in Capitol Hills.

He asserted that it is covered by Transfer Certificate of Title No. 2711 of the Registry of Deeds for Cebu City in the names of Andrew Gotianun and Angelita Morrison married to Kenneth Morrison on December 2, 1948.

The subject property was originally registered by the Registry of Deeds for Cebu City under Original Certificate of Title No. 251-253.

Since the owner’s duplicate of TCT No. 2711 was lost and beyond recovery, Gotianun filed a Petition for Reconstitution of the owner’s duplicate of TCT No. 2711 before the RTC.

Gotianun said it came to his attention sometime in September 2009 that Labiste and his brothers and sisters, heirs of one Jose Labiste, claimed ownership of the lot pursuant to an alleged patent No. 12536, which was reconstituted on April 8, 1994 and TCT No. RT-7853 was issued and registered in their names.

Gotianun explained that Lot 1054 of the said Estate was already covered by the Torrens System on September 23, 1913 when Original Certificate of Title No. 251-253 was issued over it pursuant to Record No. 5988.

Then, on December 2, 1948, the Registry of Deeds for Cebu City issued TCT No. 2711 over the said parcel of land and registered the same in the names of petitioner Morrison.

“Being private land, lot 1054 cannot anymore be the subject of patent, which covers alienable lands,” the complaint said.

He said Patent No. 12536 registered in the names of the Labistes over the lot “cast a cloud on petitioner’s title, when in truth and in fact these Patent No. 12536 and TCT No. RT-7853 are invalid, spurious, null and void.”

The complaint further said that the title number 7853 was already issued to one Leona Boltron to a parcel of land in Barangay Bacayan.

“In view of the foregoing valid grounds, to remove a cloud on the title of petitioner, Patent No. 12536 and TCT No. RT-7853 must be declared in valid, null and void,” Gotianun said. — (FREEMAN)