Professional Documents
Culture Documents
CA
Ferbruary 25, 1999
Bellosillo, J.
Facts
Private respondent Rolando Asis sued the National Housing Authority to
prevent it from acting upon the recommendation stated in its Resolution that:
(1) the title of land awarded to Asis should be cancelled, and (2) the land be
subdivided into two, with one half to be awarded to Asis and the other half
to be awarded to petitioners Antonio Mago and Danilo Macasinag (tenant of
Antonio Mago).
o This case relates to an erroneous award by the NHA of a parcel of
land belonging to Francisco Mago, petitioner Antonio Magos
predecessor-in-interest, to Asis.
o Francisco Mago complained to the NHA which acknowledged its
mistake.
o As a result, the parties agreed on a Kasunduan ng Paghahati ng Lote,
whereby the lot will be divided into two and split between petitioner
Antonio Mago (to whom Francisco Mago sold his interest over the
land) and respondent Asis.
o However, the NHA later, ironically executed a Deed of Sale with
Mortgage over the land in favor of Asis.
o Antonio Mago again complained to the NHA and sued Asis in civil
case for recovery of posession and damages.
o NHA eventually came up with the abovementioned Resolution.
TRIAL COURT dismissed Asiss petition in view of the NHAs admission
and recognition of Asiss title to the land.
69 days after they learned of the above order, petitioners filed a Motion for
Leave to Intervene and a Petition for Relief from Judgment/Order.
TRIAL COURT denied the motion and the petition.
CA sustained the trial court and held that while the Rules shall be liberally
construed inorder to promote just, speedy, and inexpensive resolution of
cases, the rules on reglementary periods must be strictly construed against
the filer or pleader to prevent needless delays.
The permissive tenor of the provision on intervention shows that the intention
of Rules was to give the court full discretion in permitting or disallowing the
same. However, this discretion must be exercised judiciously and only after
consideration of all the circumstances obtaining in the case. In this case, the
lower courts only considered the technicalities, which worked injustice on the
part of the plaintiffs.