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Geeslin vs. Navarro

*
Adm. Case No. 2033. May 9, 1990.

E. CONRAD and VIRGINIA BEWLEY GEESLIN,

complainants, vs. ATTY. FELIPE C. NAVARRO,
respondent.
*
Adm. Case No. 2148. May 9, 1990.

ATTY. FRANCISCO ORTIGAS, JR. and ATTY. EULOGIO

R. RODRIGUEZ, complainants, vs. ATTY. FELIPE C.
NAVARRO, respondent.

Civil Law; Property; Ownership; It is uncontrovertible that

respondent’s pretended ownership rights over the parcels of land
covered by Decree No. 1425 have no basis whatsoever either in fact
or in law.—ZFrom the foregoing considerations, it is
incontrovertible that respondent’s pretended ownership rights
over the parcels of land covered by Decree No. 1425 have no bases
whatsoever, either in fact or in law, and it is an assault on
credulity to assume that he was not aware of the vacuity of his
pretensions and misrepresentations.
Same; Same; Same; Same; Nothing in the records to show
that the defendants in the ejectment cases were declared the true
owners of the land subject of said cases.—As earlier noted, there is
nothing in the records to show that the defendants in the
ejectment cases were declared the true owners of the land subject
of said cases. Only the fact of possession was ruled upon, and
what the courts recognized was merely the defendants’ right of
possession. They, therefore, never became the owners of the
subject lots in any sense of the word in the absence of any
declaration to that effect, by reason of which they could not have
legally transmitted any ownership rights or interests to herein
respondent. Furthermore, we have seen that any further claim of
ownership on their part was finally settled by the order of
September 15, 1972, setting aside the order of June 21, 1971,
wherein the trial court correctly held that the earlier order
unjustifiedly affected adversely the rights of Ortigas & Company,

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Limited Partnership. In addition, said court specifically excluded

the title of said partnership from the effects of its decision.
Attorneys; Disbarment; The purpose of disbarment is not
meant as a punishment to deprive an attorney of a means of
livelihood but is

_______________

* EN BANC.

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Geeslin vs. Navarro

rather to protect the courts and the public from the misconduct of
the officers of the court; Its objective.—In a number of cases, we
have repeatedly explained and stressed that the purpose of
disbarment is not meant as a punishment to deprive an attorney
of a means of livelihood but is rather intended to protect the
courts and the public from the misconduct of the officers of the
court and to ensure the proper administration of justice by
requiring that those who exercise this important function shall be
competent, honorable and trustworthy men in whom courts and
clients may repose confidence. Its objectives are to compel the
lawyer to deal fairly and honestly with his client and to remove
from the profession a person whose misconduct has proven him
unfit for the duties and responsibilities belonging to the office of
an attorney.
Same; Same; Same; In disbarment proceedings, the burden of
proof rests upon the complainant and for the court to exercise its
disciplinary powers, the case against the respondent must be
established by clear, convincing and satisfactory proof.—As a rule,
an attorney enjoys the legal presumption that he is innocent of
the charges until the contrary is proved, and that, as an officer of
the court, he has performed his duty in accordance with his oath.
Therefore, in disbarment proceedings, the burden of proof rests
upon the complainant, and for the court to exercise its
disciplinary powers, the case against the respondent must be
established by clear, convincing and satisfactory proof.
Same; Same; Same; Fact that respondent was enjoined by the
court from selling portions of the Ortigas properties is compelling
reason enough for him to desist from continuing with his illegal
transac-tions.—Respondent avers that the said decision cannot be
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enforced during the pendency of the appeal therefrom. Even if

this were true, the fact that respondent was enjoined by the court
from selling portions of the Ortigas properties is compelling
reason enough for him to desist from continuing with his illegal
transactions.
Same; Same; Same; Same; Despite the suspension of
respondent Navarro from the practice of law, he continues to do so
in clear violation and open defiance of the original resolution of
suspension and the aforestated resolutions reiterating and
maintaining the same.—It further bears mention at this juncture
that despite the suspension of respondent Navarro from the
practice of law, he continues to do so in clear violation and open
defiance of the original resolution of suspension and the
aforestated resolutions reiterating and maintaining the same.
Thus, the records of this Court disclose that in G.R. No. 78103,

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Geeslin vs. Navarro

entitled “Jose de Leon, et al. vs. Court of Appeals, et al.,” a Second

Division case filed on April 25, 1987, counsel for private
respondents therein questioned herein respondent Navarro’s
personality to intervene in the case since he was under
suspension, to which respondent Navarro rejoined by insisting
that his suspension had allegedly been lifted already. In G.R. No.
85973, entitled “Hilario Abalos vs. Court of Appeals, et al.,” the
petition wherein was filed on December 2, 1988 and assigned to
the First Division, respondent Navarro also appeared as counsel
for therein petitioner. Said petition was denied since the same
was prepared, signed and verified by respondent Navarro, a
suspended member of the Philippine Bar. Over his expostulation
that his suspension had already been lifted, the Court directed
the Bar Confidant to take appropriate action to enforce the same.
Again, in G.R. No. 90873, entitled “Matilde Cabugwang, et al. vs.
Court of Appeals, et al.,” the Second Division, in a resolution
dated January 31, 1990, imposed a fine of P1,000.00 upon said
respondent for appearing therein as counsel for petitioner which
fine he paid on February 5, 1990.
Same; Same; Same; Same; Same; Respondent has proven
himself unworthy of the trust and confidence reposed in him by
law and by this Court through his deliberate rejection of his oath
as an officer of the court.—Such acts of respondent are evidential
of flouting resistance to lawful orders of constituted authority and

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illustrate his incorrigible despiciency for an attorney’s duty to

society. Verily, respondent has proven himself unworthy of the
trust and confidence reposed in him by law and by this Court,
through his deliberate rejection of his oath as an officer of the
court.

ADMINISTRATIVE CASE in the Supreme Court.

Disbarment.

The facts are stated in the resolution of the Court.

          Quasha, Asperilla, Ancheta, Valmonte, Peña &
Marcos for complainants in AC No. 2033.
     Felipe C. Navarro for and in his own behalf.

RESOLUTION

PER CURIAM:

We write this finale to the dispiriting charges filed by

complainants Francisco Ortigas, Jr. and Eulogio R.
Rodriguez in

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1
Administrative Case No. 2148 and by spouses E. Conrad
and Virginia
2
Bewley Geeslin in Administrative Case No.
2033, seeking the disbarment of respondent Atty. Felipe C.
Navarro for malpractice and gross misconduct.
In our resolution dated May 5, 1980, issued consequent
to the Report and Recommendation of the Office of the
Solicitor General submitted to this Court on April 21, 1980,
we ordered the suspension of respondent Navarro 3from the
practice of law during the pendency of these cases.
The investigative phase was conducted by said office
pursuant to our resolutions of February 14, 1975 and
September 13, 1976 in G.R. Nos. L-39386 and L-39620-29,
entitled “Florentina Nuguid Vda. de Haberer vs. Court of
Appeals, et al.” With commendable thoroughness and
attention to detail, two reports were submitted which, in
order to vividly portray the scope and magnitude of
respondent’s operations and how he was able to perpetrate
the anomalous transactions complained of, we quote
extensively from said reports which are sustained by the
evidence of record.

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I. The antecedent facts on which Administrative Case

No. 2148 is premised are reported by then Solicitor General
Estelito P. Mendoza, as follows:

PREFATORY STATEMENT

This unnumbered administrative case against respondent

Atty. Felipe C. Navarro (hereinafter called respondent
NAVARRO, for short) originally stemmed from the letter of
a certain Angelito B. Cayanan to the Honorable Supreme
Court dated January 25, 1975 which reads as follows:

xxx
“I wish to respectfully inform your good office that I bought a few lots
on installment basis from Atty. Felipe C. Navarro of Ruby Hills
Subdivision as evidenced by the attached OR Nos. 0512 and 0519 and a
‘Contract of Sale’.
“Atty. Navarro, some officials and representative of the said company
claim that although there is a pending case No. L-

_______________

1 Rollo, Adm. Case No. 2148, 57.

2 Ibid., Adm. Case No. 2033, 2.
3 Ibid., Adm. Case No. 2148, 60.

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39386 under Decree No. 1425 on the property being sold, the case is
almost won in their favor and are just waiting for your final decision
within a couple of months or even less.
“In this connection, I am respectfully writing you this letter in order to
bring to your attention this transaction and to protect my rights in the
event that any unfavorable circumstances may arise in the future.”
xxx

Acting on the aforesaid letter, the Supreme Court, per

Resolution dated February 14, 1975, referred the copy of Mr.
Cayanan’s letter to the Solicitor General for “investigation of the
existence of sufficient ground to proceed with the prosecution of
Atty. Felipe C. Navarro (whose address of record is No. 66
Azucena, Roxas District, Quezon City) for suspension or removal
from the office of attorney and for appropriate action.” The
resolution reads as follows:

“L-39386 and L-39620-29 (Florentina Nuguid Vda. de Haberer vs. Court

of Appeals, et al.).—The court NOTED the letter dated January 25, 1975

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of Mr. Angelito B. Cayanan with its attachments (copy thereof has been
furnished Atty. Felipe C. Navarro, counsel for respondents) and
RESOLVED to instruct the Clerk of Court to inform him of the status of
the cases at bar.
“It appearing from said letter that Atty. Felipe C. Navarro has been
selling the lots in litigation herein on installment basis to the public
(among them, Mr. Cayanan) as ‘absolute owner by virtue of this contract
of legal services in Civil Case No. 8321, etc. of the Court of First Instance
of Rizal, Pasig’ (see Ruby Hills Subdivision Contract of Sale), which lots
are titled in the name of herein petitioner and not in Atty. Navarro’s
name and that the unwarranted claim is made on his behalf that ‘the
case is almost won in their favor’ (see Mr. Cayanan’s letter), the Court
RESOLVED FURTHER to refer copy of Mr. Cayanan’s said letter with
its attachments to the Solicitor General under Rule 139, Sections 1, 3, 4
and 5 for investigation of the existence of sufficient ground to proceed
with the prosecution of Atty. Felipe C. Navarro (whose address of record
is No. 66 Azucena, Roxas District, Quezon City) for suspension or
removal from the office of attorney and for appropriate action.
“Aside from Mr. Cayanan, the Solicitor General is directed to
communicate in the premises with Atty. Eulogio R. Rodriguez of the law
firm of Ortigas & Ortigas (with address at 10th Floor, Ortigas Bldg.
Ortigas Ave., Pasig, Rizal), who under letter of June 10, 1974 on file in
Administrative Case No. 1154 has offered to make available documents
in their possession show-

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ing other sales made by Atty. Navarro of properties titled in the name of
other persons, involving a total selling price of P75 million and down
payments of almost P0.6 million.”

On April 4, 1975, Assistant Solicitor General (now Justice of

the Court of Appeals) Hugo E. Gutierrez, Jr. wrote Mr. Angelito
B. Cayanan asking him to submit his affidavit embodying the
circumstances surrounding the matters contained in his letter
dated January 25, 1975, especially the second paragraph thereof.
The letter was sent to Mr. Cayanan by registered mail but the
same was returned unserved for the reason that the addressee
had moved to another address.
On the same date, April 4, 1975, Assistant Solicitor General
Gutierrez, Jr. also wrote to Atty. Eulogio R. Rodriguez requesting
him for copies of the documents evidencing the sales made by
respondent Navarro.
On February 13, 1976, this Honorable Court issued a
Resolution in L-39386 and L-39620-29 (Florentina Nuguid Vda.

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de Haberer vs. Court of Appeals, et al.) referring the letter of Atty.

Francisco Ortigas, Jr. dated January 13, 1976 “for investigation of
the existence of sufficient grounds for the prosecution of Atty.
Felipe C. Navarro for suspension or removal from office and for
appropriate action” and directing “Mr. Ortigas, Jr., to furnish the
Office of the Solicitor General for the purpose with a copy of said
letter and all its pertinent attachments.”
The aforementioned letter of Atty. Francisco Ortigas, Jr. dated
January 13, 1976 reads as follows:

xxx
“Dear Justice Teehankee,
“This is to apprise your Office of the latest activities of Atty. Felipe C.
Navarro who has previously been reported to the Supreme Court as
selling properties titled in the name of this Company.
“We have just secured a new ‘subdivision plan’ of Atty. Navarro
showing that the lots he is now selling to the public include those titled in
the names of the heirs of the late Don Vicente Madrigal and this
Company in Quezon City. Atty. Navarro has thus expanded his activities
despite recent detention by the Military. As could be seen from the
attached ‘plan’, Navarro claims to be the owner of that huge property
(actually titled in the name of the Madrigals and this Company) bounded
by Ortigas Avenue, E. delos Santos Avenue, White Plains Road and R.
Rodriguez Avenue, comprising approximately of 260

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hectares.
“As reported in our previous letters to the Court, Navarro claims to be
the owner of some 4,000 hectares of land in the Greater Manila Area in
virtue of his handling the case of some squatters on a 1.2-hectare lot in
Mandaluyong, Rizal owned by Doña Florentina Nuguid Vda. de Haberer.
He contends that whereas his squatters-clients occupy only about a
hectare, he has become, in virtue of his ‘contract of legal services’ with
them, the owner of thousands of hectares of land as these are allegedly
covered by void titles. Navarro thus started to openly sell these
properties.
“Navarro’s Ruby Hills and Bluehills Subdivisions, for instance, cover
properties already with buildings and other improvements. He has
nevertheless been quite successful in selling portions thereof, as when he
sold lots within the De La Salle College, Wack-Wack Golf & Country
Club, ABM Sison Hospital, etc. His modus operandi is described in this
Company’s letter-complaint dated April 8, 1974 to Gen. Prospero Olivas,
copy of which is attached hereto for ready reference.

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“Navarro continues to defy the authorities, for only after a brief lull,
he is now again openly selling titled properties of other persons. We have
provided more than sufficient documentary evidence to the Court and the
Solicitor General and we hope that formal administrative charges can
now be filed against Navarro to prevent him from further perpetrating a
large-scale fraud upon the public.”
xxx

Thereafter, hearings were conducted on various dates.

COMPLAINANTS’ EVIDENCE

The evidence for the complainants consist mainly of

documents, most of which were presented in Criminal Cases Nos.
3158 and 3159 of the Court of First Instance of Rizal and in the
various civil cases before the said court involving Florentina
Nuguid Vda. de Haberer. Complainants’ sole witness, Reynaldo
Morallos, merely identified the various documentary exhibits
presented by the complainants.
From the evidence adduced by the complainants, it appears
that a certain Florentina Nuguid Vda. de Haberer (hereinafter
called HABERER, for short) filed in the Court of First Instance of
Rizal twenty-two (22) cases for recovery of possession of her 1.2
hectare property in Mandaluyong, Rizal titled in her name, and to
eject the twenty-two (22) families squatting thereat. Eleven (11) of
these cases

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were raffled to Judge Emilio Salas, while the other eleven (11)
cases were assigned to Judge Pedro Navarro. All the twenty-two
(22) defendants-squatters were represented by respondent
NAVARRO. On behalf of his clients, respondent NAVARRO
interposed as principal defense, the alleged nullity of the
HABERER’S title, claiming that the mother title from which it
emanated actually originated from Decree No. 1425 issued in
G.L.R.O. Record No. 917, which he claims to be nonexistent.
The two sets of cases were decided differently. In the first set of
eleven (11) cases, Judge Salas rendered a decision on August 31,
1970 sustaining the validity of the HABERER’S title and ordering
the eviction of the defendants-squatters clients of respondent
NAVARRO (Exhibit W). In finding for the plaintiff, Judge Salas
stated as follows:

“After due consideration of the evidence adduced by both parties, this

Court finds that most of the documentary evidence submitted by

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defendants are irrelevant to the case since they pertain to defendants

claim of ownership over 10,000 hectares of land when the area of the
property subject matter of the complaint is only 12,700 square meters.
This Court also believes that the above-mentioned claims of defendants
are untenable.
“Plaintiff’s ownership over the property in question is evidenced by the
issuance in her name, since 1929, of Transfer Certificate of Title No.
15043. It is a settled rule in this jurisdiction that a certificate of title
serves as evidence of an indefea-sible title to the property in favor of the
person whose name appears therein. After the expiration of the one-year
period from the issuance of the decree of registration upon which it is
based, it becomes incontrovertible (see case of Pamintuan vs. San
Agustin, 43 Phil. 558; Reyes & Nadres vs. Borbon & Director of Lands, 50
Phil. 791; Manuel Sy Juco, et al. vs. Luis Francisco, 53 O.G., p. 2186,
April 15, 1957; Brizuela, et al. vs. Ciriaco Vda. de Vargas, 53 O.G., p.
2822, May 15, 1957).
“Defendants’ claim that they became owners of the land in question by
adverse possession is without merit considering that title to land becomes
non-prescriptible. Sec. 42 of Act No. 496 provides that no title to
registered land in derogation to that of the registered owner shall be
acquired by prescription or adverse possession (Corporacion de Pp.
Agustines vs. Crisostomo, 42 Phil. 427). A title once registered cannot be
defeated even by adverse, open and notorious possession. Registered title
under the Torrens System cannot be defeated by prescription. The title,
once registered, is notice to the World. All persons must take notice. No
one can plead ignorance of registration

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(Legarda vs. Saleeby, 3 Phil. 590, 595).

“Further, defendants recognized plaintiff’s ownership over the
property in question when they filed a petition with the People’s
Homesite & Housing Corporation wherein they sought the latter’s
intervention for the acquisition of the property and for the subdividing
thereof into small lots to be sold to them at nominal cost. In said petition
defendants not only named the plaintiff as the owner of the property in
question but they also indicated therein her title to the land as Transfer
Certificate of Title No. 15043 of the Register of Deeds of Pasig, Rizal. We
quote hereunder the pertinent facts and data concerning the property in
question in defendants’ petition submitted to the General Manager of the
People’s Homesite & Housing Corporation, as follows:
     x x x x x x x x x x x x x x

‘1) Location of land: Barrio Burol, Mandaluyong, Rizal

2) Name of registered owner: Florentina Nuguid Vda. de Haberer

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Address of owner: 1288 Burgos St., Paco, Manila, or c/o Bausa,

3)
Ampil, & Suarez Law Offices, Madrigal Bldg., Manila
4) Certificate of Title No. (attach photostatic copy): 15043
5) Area of land, Lot & Block & Survey Nos. 12,700 square meters’
(Exh. G).

“As regards defendants’ claim that Transfer Certificate of Title No.

15043 issued since 1929 in the name of plaintiff is null and void, this
Court is of the opinion that defendants cannot assail the validity of said
title in this proceeding, which is for recovery of possession. Any attack on
the decree of registration of title must be direct and not by collateral
proceeding. The title which may be issued in pursuance of said decree
cannot be changed, altered, modified, enlarged or diminished in a
collateral proceeding (Legarda, et al. vs. Saleeby, 31 Phil. 590). In the
case of Director of Land vs. Gan Tan, G.R. No. L-2664, May 30, 1951, our
Supreme Court, in reversing the decision of the trial court where the
registered owner was considered disqualified to acquire land under the
Constitution and consequently was denied the right to constitute his
title, said: ‘That the disqualification raised by the Court is untenable in
the light of the theory that a Torrens title cannot be collateraly attacked.
That issue can only be raised in an action instituted expressly for that

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purpose.’ (See also Ramon Chua Yu Sun vs. The Hon. Ceferino de los
Santos, et al., G.R. No. 4347, November 23, 1951; James (sic) G.R. No. L-
4013, Dec. 29, 1951; Samonte, et al. vs. Descallar, et al., No. L-12964,
Feb. 29, 1960).
“In view of the above-mentioned ruling of the Supreme Court, it is our
opinion that there is no need to discuss the merits of the reasons claimed
by defendants why Transfer Certificate of Title No. 15043 in the name of
plaintiff is null and void. (Exh. W, Decision in Civil Cases Nos. 8322,
8323, 8327, 8370, 8375, 8374, 8382, 8691, 8693, 8696 & 8699, at pages 6-
7; 9-10).”

In the second set of eleven (11) cases, Judge Pedro Navarro

decided in favor of the defendants-squatters clients of respondent
NAVARRO. In his decision dated May 26, 1971, dismissing the
complaints, Judge Navarro stated as follows:

“Plaintiff claims to be the registered owner of a parcel of land containing

an area of 12,000 square meters situated at the corner of A. Luna,
Harapin Ang Bukas and J.C. Zuluete Streets, Mandaluyong, Rizal, which
is covered by, and more particularly described in, Transfer Certificate of
Title No. 15043 of the Register of Deeds of Rizal and indicated in the
sketch plan attached to the complaint as Annex A.
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xxx
“It likewise appears that ejectment proceedings have been filed in the
Municipal Court of Pasig, Rizal, and in the City Court of Quezon City
against several persons occupying other parcels by Ortigas and Company,
Limited Partnership, where decisions have been rendered in favor of
said Partnership. In order to forestall executions of these decisions
defendants in said ejectment cases filed class suit before this Court by
the occupants of the land which was heard and tried before Branch XV in
which the Director of Lands was impleaded as a party-defendant. The
decision of Branch XV in said class suit is made part of the evidence of
these defendants in the herein eleven cases for whatever the same may
be worth as aid in the determination of the merits of the issues raised
herein.
“As may be gleaned from said decision of Branch XV plaintiff therein
assailed the validity of Decree No. 1425 as null and void and or fictitious
and the proceedings in GLRO Rec. No. 917 upon which the decree was
based as also null and void. The Court sustained the herein plaintiff’s
claim and rendered judgment declaring (1) the proceedings in GLRO Rec.
No. 917 null and void; (2) the Decree No. 1425 null and void; (3) all
original certificates of title issued by virtue of and pursuant to the

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judgment in GLRO Rec. No. 917 and Decree No. 1425 utter nullities; (4)
all transfer certificates of title derived from the original certificates of
title declared void under No. 3 above, particularly but not exclusively,
Transfer Certificate of Title Nos. 77652 and 77653 of the Register of
Deeds of Quezon City and 126575 and its derivative Transfer Certificate
of Title No. 135879 of the Register of Deeds of Rizal, null and void; (5)
that the rightful owners of the litigated lands covered by Transfer
Certificates of Title Nos. 77652, 77653, 126575 (or 135879) are the herein
plaintiffs x x x and so forth.
“The Court has read copy of this decision of our Branch XV and
observed findings of facts too ponderous to be ignored.
“That case before Branch XV directly assails the nullity of the
proceedings leading to the proceedings in GLRO Record No. 917 and, as
an inevitable corollary, the nullity of Decree No. 1425 issue by virtue of
such void proceedings as well as the original certificates of title issued as
consequence thereof.
“In said proceeding before Branch XV the Court, among other things,
found that while the decision in GLRO 917 was supposedly rendered on
April 25, 1905, the survey of the property subject matter of therein
application was not made until June 16 to August 16, 1906, or some one
year after the decision. It found no proof of initial hearing of the
application for registration being published as required by law without

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which the Land Registration Court could not have acquired jurisdiction
over the case. Said decision also made inference that since the survey of
the property was not made until a year after the rendition of the
judgment the technical descriptions appearing in the original certificates
of title issued under GLRO Rec. No. 917 Decree No. 1425, could not have
been those appearing in the notice of initial hearing, if any. Publication of
accurate technical description being an essential jurisdictional
requirement which cannot be dispensed with and non-compliance with
this requirement renders the proceedings and the decision and decree
and titles issued arising therefrom null and void.
“The same decision of Branch XV also made its findings that James
Ross who was said to have penned the decision in GLRO Rec. No. 917,
never was a judge of the Court of Land Registration at the time the
decision was supposedly rendered because the Gaceta Oficial for the year
1905 does not show that James Ross was listed as Judge of the Land
Registration Court or that he was ever appointed in that capacity.
Furthermore, the Court found that while J.C. Welson was the Clerk of
Court on April 26, 1905, one A.K. Jones issued the decree and he signed
it as Clerk

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of Court. The Court even found the supposed decision in that proceedings
missing and made its conclusion that since the decree which was
supposedly issued by a person who was not the Clerk of Court at the time
and which decree did not contain the description of the property ordered
in the decision to be rendered because the survey of the property was
only made some one year later and that said decree cannot now even be
found, the decision rendered therein is void for lack of jurisdiction.
“Now, as we have said, the foregoing findings of facts are too
ponderous to be ignored. It is indeed a truism that a void original
certificate of title cannot be the source of a valid transfer certificate of
title and a void judgment is, in the eyes of the law, inexistent and cannot
give source to any legal right.
“The evidence now shows that the plaintiffs in said Civil Case No. 7-
M(10339) before Branch XV of this Court are also the defendants in the
herein eleven cases in which their properties are also involved. Since the
case before Branch XV directly assails the nullity of the proceedings by
virtue of which Decree No. 1425 and the alleged title of the plaintiff over
the parcels of land occupied by the herein eleven defendants is a
derivative from such decree, it is the considered opinion of this Court that
until and unless the decision of Branch XV of this Court is reversed or set
aside by final judgment, plaintiff’s prayer to order the herein eleven
defendants in these eleven cases to vacate the parcels which they occupy
and on which their respective houses are built has become premature. It

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goes without saying that if said decision of Branch XV will be finally

affirmed, or that the same becomes final and executory, all the claims of
rights to ownership and possession of properties embraced in the decision
in GLRO Rec. No. 917 and Decree No. 1425 shall become absolute
nullities. Possessions by actual occupants of all these properties had
better be maintained until after final decision in Civil Case No. 7-
M(10339) shall have been rendered. (Exh. R, Decision in Civil Cases Nos.
8320, 8321, 8326, 8369, 8379, 8383, 8385, 8386, 8387 and 8700, at pp. 2,
5-9).”

On June 21, 1971, Judge Navarro, acting on the motion filed by

respondent NAVARRO, issued an order cancelling HABERER’s
title over her property in question and directing the issuance of a
new title in lieu thereof in favor of respondent’s clients. Thus—

“WHEREFORE, premises considered, judgment is hereby rendered

dismissing the complaints in the above-entitled cases (Nos. 8320, 8321,
8326, 8329, 8376, 8379, 8383, 8386, 8685, 8687 and 8700) all with costs
against the plaintiff and hereby order-

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242 SUPREME COURT REPORTS ANNOTATED

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ing the Register of Deeds of Rizal to cancel Transfer Certificate of Title

No. 15043 of the Register of Deeds of Rizal issued in favor of the plaintiff
Florentina Nuguid Vda. de Haberer and in view thereof issue new
certificates of title in favor of the defendants subject to the lien for
attorney’s fees in favor of Attorney Felipe Navarro in accordance with the
terms of the “Kasunduan Hinggil sa Serbisyo ng Abogado” which is
quoted in his ex-parte motion for clarification and/or modification of the
decision.
“As so modified the decision stands in all other respects.
“SO ORDERED.”
(Exhibit S, pp. 4-5).

On July 23, 1971, HABERER filed a motion for reconsideration

of the aforesaid order, and on September 15, 1972, Judge Navarro
issued the following order:

“In the order dated July 17, 1971, the Court had occasion to reiterate that
its decision in this case was mainly predicated on the decision of Branch
XV of this Court that the certificate of title emanating from the
proceedings in GLRO Record No. 917 were null and void and plaintiff’s
title happened to be one of them. The Court opined that until said
decision is reversed the actual occupants had better be maintained in
their possessions of the land.

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“Pursuant to the same order the motion for reconsideration and new
trial was set only for reception of alleged newly discovered evidence.
“The Court now understands that the decision of Branch XV is now
under review by order of our Appellate Court.
“It has also come to the understanding of the Court that the order of
June 21, 1971, sought to be reconsidered insofar as it ordered the
cancellation of Transfer Certificate of Title No. 15043 in favor of the
plaintiff, also adversely affects the interests of other persons and entities
like the Ortigas and Company, Limited Partnership, which is not a
party herein, because the certificate of title of the plaintiff is also a
derivative of GLRO 917 and Decree No. 1425 from which Ortigas &
Company, Limited Partnership, derives titles over wide tracts of land.
Since Ortigas & Company, Limited Partnership, is not a party in this
case whatever orders or decisions are made in this case cannot be made
to affect the said company. Decisions and orders can only affect parties to
the case.
“The Court therefore arrives at the conclusion that the order dated
June 21, 1971, must be reconsidered on two grounds (1) because the
decision of Branch XV is now being the subject of

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VOL. 185, MAY 9, 1990 243

Geeslin vs. Navarro

further proceedings and (2) because it has the effect of adversely affecting
the interest of Ortigas & Company, Limited Partnership, which is not
even a party herein.
“WHEREFORE, as prayed, the order dated June 21, 1971, is set aside.
However, the decision dated May 26, 1971, insofar as it denies the
ejectment of the present occupants of the land as stated in the decision
stands.
“SO ORDERED.”
(Exhibit T, at pp. 2-3).

HABERER appealed from the decision of Judge Navarro while

the defendants-clients of respondent NAVARRO appealed from
the decision of Judge Salas. The Navarro order of June 21, 1971
was not appealed by respondent NAVARRO’s clients.
After the rendition of the Navarro decision which made
reference to the decision rendered by Judge Vivencio Ruiz of the
Court of First Instance of Rizal, Branch XV, respondent
NAVARRO published in the Manila Times on July 4, 1971 the
following:

“LEGAL NOTICE TO ALL THOSE INVOLVED:

“PURSUANT TO THE PROVISIONS OF LAW AS INTERPRETED BY

OUR SUPREME COURT RESPECTING A VAST TRACT OF LAND

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(LATIFUNDIO) COVERING MANDALUYONG, SAN JUAN, PASIG,

MARIKINA, AND QUEZON CITY, THE DECISION DATED MAY 26,
1971 REITERATING AND REPEATING THE DECLARATION AND
ORDER THAT ALL ORIGINAL AND TRANSFER CERTIFICATES OF
TITLE DERIVED FROM DECREE NO. 1425 ARE NULL AND VOID AB
INITIO RENDERED BY THE COURT OF FIRST INSTANCE OF RIZAL
IN FAVOR OF THE MYRIAD CLIENTS OF THE UNDERSIGNED HAS
AUTOMATICALLY (BY MERE LAPSE OF THE REGLEMENTARY
PERIOD) BECOME FINAL AND EXECUTORY.
‘But to every possessor in good faith there comes a time when he is
considered a possessor in bad faith. When the owner or possessor with a
better right comes along, when he becomes aware that what he had taken
for granted is at least doubtful, and when he learns the grounds in
support of the adverse contention, good faith ceases. The possessor may
still believe that his right is more secure, because we resign ourselves
with difficulty to the sight of our vanishing hopes, but when the final
judgment of the court deprives him of the possession, all illusion
necessarily disappears.’ (Tacas vs. Robon, 53 Phil. 356, 361-362

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244 SUPREME COURT REPORTS ANNOTATED

Geeslin vs. Navarro

citing Manresa and Articles 528, 545, and 1123 of our present Civil
Code).
‘He who builds, plants or sows in bad faith on the land of another,
loses what is built, planted or sown without right to indemnity.’ (Art. 449,
Civil Code)
“HOWEVER, IT IS NOT THE DESIRE OF THE UNDERSIGNED
PREVAILING PARTY AND SUCCESSOR BY TITLE ACQUIRED
AFTER THE ACTIONS WERE BEGUN BY VIRTUE OF HIS
CONTRACT OF LEGAL SERVICES TO DEMAND FOR THE
DEMOLITION OR REMOVAL OF THE IMPROVEMENTS AT THE
EXPENSE OF THE POSSESSOR IN BAD FAITH FOR:
‘The Civil Code confirms certain time-honored principles of the law of
property. One of those is the principle of accession whereby the owner of
property acquires not only that which it produces but that which it
united to it either naturally or artificially. Whatever is built, planted or
sown on the land of another, and the improvements or repairs made
thereon, belong to the owner of the land. Where, however, the planter,
builder or sower has acted in good faith, a conflict of rights arises
between the owners and it becomes necessary to protect the owner of the
improvements without causing injustice to the owner of the land. In view
of the impracticability of creating what Manresa calls a state of ‘forced
co-ownership’ (Vol. 3, 4th ed., p. 213), the law has provided a just and
equitable solution by giving the owner of the land the option to acquire
the improvements after the payment of the proper indemnity or to oblige

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the builder or planter to pay for the land and the sower to pay the proper
rent. It is the owner of the land who is allowed to exercise the option
because his right is older and because, by the principle of accession, he is
entitled to the ownership of the accessory thing.’ (Bernardo vs. Bataclan,
66 Phil. 598, 602; see also Filipinas Colleges, Inc. vs. Garcia Timbang, et
al., 106 Phil. 247, 254).
“So caveat emptor (buyers beware) of possessors in bad faith as we are
ready to ask for the execution of the decision pursuant to law and avoid a
scire facias. Ordinary prudence requires that those involved may please
make some kind of arrangements with the undersigned before execution
by calling through the following telephones:
xxx
“BY THE WAY, YOU ARE ALL INVITED TO JOIN THE
MOTORCADE OF OUR PEOPLE’S VICTORY WHICH WILL PASS
THROUGH THE PRINCIPAL STREETS OF MANDALUYONG, SAN
JUAN, PASIG, MARIKINA, AND QUEZON

245

VOL. 185, MAY 9, 1990 245

Geeslin vs. Navarro

CITY FROM 9 A.M. TO 12 NOON TODAY, SUNDAY, JULY 4, 1971,

THE MOTORCADE WILL BEGIN FROM NO. 61 AMADO T. REYES
STREET, BARRIO BUROL, MANDALUYONG, RIZAL RETURNING TO
THE SAME PLACE AT NOON FOR LUNCH CELEBRATING TILL
MIDNIGHT.

(Sgd.) FELIPE C. NAVARRO

Counsel for the Defense
60 Azucena, Roxas District, Quezon City”
(Exhibit D, at pages 6-8).

Thereafter, respondent NAVARRO claimed ownership of

properties originally covered by Decree 1425 including the parcels
of land owned by Ortigas & Company, Limited Partnership
(hereinafter called ORTIGAS, for short), and started selling them.
In view of the aforementioned publication, panic ensued among
the lot buyers of ORTIGAS and among the property owners whose
titles were derived from Decree No. 1425. As a counter measure to
allay the fears of the panicky lot buyers and owners, ORTIGAS
caused the publication in the Manila Times on July 19 and 17,
1971 the following:

“WARNING

“SO THE PUBLIC MAY KNOW

“In reply to numerous inquiries received by Ortigas & Company, Limited

Partnership with reference to an advertisement published in the

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Manila Times on July 4, 1971 supposedly affecting the validity of all

original certificates of title and transfer certificates of title derived from
Decree No. 1425, Ortigas & Company, Limited Partnership wishes to
announce that it is not a party to ANY case allegedly decided on May 26,
1971 by the Supreme Court or any other court and therefore ALL ITS
TITLES DERIVED FROM DECREE NO. 1425 ARE NOT IN ANY WAY
AFFECTED BY SAID DECISION.
“The public is hereby requested to be wary of any person selling lands
and/or rights to lands belonging to and in the name of Ortigas &
Company, Limited Partnership.
“The public is also warned to be wary of MISLEADING
adverstisements and/or persons basing their rights to lands of Ortigas &
Company, Limited Partnership on such ‘decision’ of May 26, 1971 which
is claimed to be ‘final and executory.’

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246 SUPREME COURT REPORTS ANNOTATED

Geeslin vs. Navarro

ORTIGAS & COMPANY, LIMITED PARTNERSHIP"

(Exhibit D, at pages 4-5).

After the publication of the foregoing notices, respondent

NAVARRO filed with the Court of First Instance of Rizal, Branch
VIII, two (2) complaints for libel against the officers of ORTIGAS
and the officials of the defunct Manila Times, Respondent
NAVARRO sought to recover in said cases damages allegedly
sustained by him on account of his failure to consummate
thousands of sales by reason of the publication of the above notice.
In support of his allegation, respondent NAVARRO presented 169
deeds of sale over lots in his various subdivisions, the locations of
which overlap the properties owned by ORTIGAS (marked as
Exhibit F, F-1 to F-168 in the instant proceedings).
On December 13, 1971, Judge Benjamin H. Aquino dismissed
these two cases for libel for lack of merit (Exhibit D).
Apart from the documents pertaining to the HABERER cases
and the libel cases, the complainants also presented documents
relating to Civil Case No. 7-M(10339), Court of First Instance of
Rizal, Branch XV, entitled "Pedro del Rosario, et al. vs. Ortigas &
Company, Limited Partnership, et al." and Civil Case No. Q-
16265, Court of First Instance of Rizal, Quezon City, Branch XVI,
entitled "Ortigas & Company, Limited Partnership vs. Felipe C.
Navarro."
In Civil Case No. 7-M (10339), the plaintiffs therein sought to
enjoin ORTIGAS from ejecting them. Judge Vivencio M. Ruiz
decided in favor of the plaintiffs, arguing that (1) there was no
publication for the Notice of Initial Hearing set in 1905; (2) there
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was no survey of the property sought to be registered; (3) the

judge presiding over the defunct Court of Land Registration was
fake; and (4) the Clerk of Court of the said Court was also fake.
The dispositive portion of the Ruiz decision reads as follows:

"WHEREFORE, and in view of all the foregoing, the Court hereby

declares and/or orders:

"1. That the proceedings in G.L.R.O. Rec. No. 917 are null and void;
"2. That Decree No. 1425 is null and void and/or fictitious;
"3. That all the original certificates of title issued by virtue of and
pursuant to the judgments in G.L.R.O Rec. No. 917 and Decree
No. 1425 were utter nullities;
"4. That all transfer certificates of title derived from the original
certificates of title declared void under No. (3) above, particularly
but not exclusively, Transfer Certificates of Title Nos. 77652 and
77653 of the Register of Deeds of Quezon City

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Geeslin vs. Navarro

and 126575 and its derivative Transfer Certificate of Title No.

135879 of the Register of Deeds of Rizal, were and are null and
void;
"5. That the rightfully (sic) owners of the litigated lands covered by
Transfer Certificates of Title Nos. 77652, 77653, 126575 (or
135879) are the herein plaintiffs, the portions owned by them
being as indicated in Exhibit P;
"6. That the defendant Partnership cease and desist from molesting
the plaintiffs in the enjoyment and peaceful possession of their
respective landholdings;
"7. That the Hon, Andres Siochi, as Presiding Judge, Municipal
Court, Pasig, Rizal, and Hon. Ricardo Tensuan, as Presiding
Judge, Branch II, City Court of Quezon City, and the defendant
Ortigas and Company, Limited Partnership, their agents,
representatives and any and all persons acting in their behalves,
refrain and desist absolute (sic) and perpetually from proceeding
with or taking any action on Civil Cases Nos. 1134, II-13865,II-
13869,II-13877,II-13913, and II-13921 filed by the herein
defendant Partnership against some of the herein plaintiffs;
"8. That the case be dismissed as against defendant Director of
Lands;
"9. That the defendant Partnership pay to the plaintiffs the sum of
P50,000.00 as and for attorney's fees;

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"10. That the defendant Partnership pay to the plaintiffs the costs of
the suit; and

"Defendant Partnership's counterclaim is hereby dismissed for lack of

merit.
"SO ORDERED."
(Exhibit EE at pages 5-6).

ORTIGAS appealed the Ruiz decision to the Court of Appeals.

On November 21,1971, the Court of Appeals rendered a decision
setting aside the decision of Judge Ruiz and ordering a new trial
to enable the petitioner to introduce newly discovered evidence.
The case was then remanded to the lower Court. On November
3,1973, Judge Arsenio A. Alcantara, who took the place of Judge
Ruiz who was separated from the service by the President of the
Philippines, rendered a decision the dispositive portion of which
reads as follows:

"WHEREFORE, judgment is hereby rendered in favor of the defendant,

Ortigas & Company, Limited Partnership, as against the plaintiffs:
"1. Dismissing the amended complaint;

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248 SUPREME COURT REPORTS ANNOTATED

Geeslin vs. Navarro

"2. Confirming the validity of Decree No. 1425, issued in Expediente

917 and all titles emanating there from;
"3. Directing each of the plaintiffs to individually pay the defendant
Company:

(a) P30.00 per month as rental of the premises occupied by them

from the time of the filing of the complaint on October 20, 1967,
with legal rate of interest, until they surrender the possession
thereof to defendant Company;
(b) P5,000.00 as attorney's fees.

"4. Ordering plaintiff and their successors-in-interest, agents or any

person or persons acting in their behalf, who are found to be in
possession of defendant company's land to vacate the same and
remove and demolish their improvements thereon at plaintiff's
expenses;
"5. Ordering Atty. Emilio D. Castellanes to return the attorney's fees
in the amount of P1,030.00 he prematurely collected from
defendant company, with interest; and
"6. To pay the costs.

"SO ORDERED."
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(Exhibit DD at pages 44-45).

The aforesaid decision was appealed. During the pendency of the

approval of the record on appeal, ORTIGAS filed a motion for
immediate execution of judgment. After exchange of pleadings by
the parties, the trial court presided by Judge Alcantara granted
the motion and ordered the issuance of a writ of execution in favor
of Ortigas upon filing a bond in the amount of P250,000.00. Del
Rosario, et al. filed a motion for reconsideration of the aforesaid
order. Despite opposition by Ortigas, Judge Florellana Castro-
Bartolome, who was appointed to Branch XV vice Judge
Alcantara, granted the motion for reconsideration and set aside
the order of Judge Alcantara. Ortigas contested the order of Judge
Bartolome through a petition for certiorari and prohibition with
preliminary injunction, docketed as CA-G.R. No. SP-04060.
On September 1,1975, the Court of Appeals promulgated a
decision in the aforesaid case, the dispositive portion of which
reads as follows:

"WHEREFORE, the writ of certiorari is granted. The order of the

respondent Judge dated February 25,1975, is hereby annulled and set
aside and the order of Judge Arsenio Alcantara, granting immediate
execution, is hereby revived, with instructions to the respondent judge to
fully implement the latter order, including the approval of the
petitioner's bond and the issuance of the necessary writ or writs of
execution. The restraining order

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VOL. 185, MAY 9, 1990 249

Geeslin vs. Navarro

issued at the inception of this action is hereby (sic) permanent.

"No costs.
"SO ORDERED."
(Exhibit EE at pages 50-51).

This decision was the subject of a petition for review filed by

respondents Del Rosario, et al., but the same was denied. So also
with the motion for reconsideration filed with the Supreme Court
(Annex "A" of Exhibit FF).
In order to stop respondent NAVARRO from selling its titled
properties, ORTIGAS also filed Civil Case No. Q-16265, Court of
First Instance of Rizal, Quezon City Branch XVI, entitled "Ortigas
& Company, Limited Partnership vs. Felipe C. Navarro.
On December 16, 1972, Judge Sergio A.F. Apostol rendered a
decision in favor of Ortigas as follows:

xxx      xxx      xxx

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"It having been found that defendant was guilty of bad faith and fraud
in claiming and selling plaintiffs land, plaintiff is entitled to attorney's
fees. This court finds the amount of attorney's fees in the sum of
P50.000.00 to be fair and reasonable considering the extent and value of
the property involved and the nature of the case.
"Defendant, in his answer and motion to dismiss, alleged that as a
result of the issuance of the restraining order, he suffered damages in the
amount of P1,000,000.00 daily.
"Firstly, the same was not raised as a counterclaim. Therefore, this
court can only treat it as an affirmative defense.
"Secondly, no evidence was submitted to prove this claim of damages.
Under the same authorities cited in support of the denial of plaintiffs
claim for damages, therefore, he has failed to establish what damages he
had suffered.
"Lastly, the court has found that plaintiff is entitled to the injunction
prayed for. It follows, therefore, that the issuance of the restraining order
was proper and, hence, can not be the basis for a claim for damages.
"This court cannot help but end this decision with a note of admonition
and hope. The people who will ultimately suffer the most from
defendant's acts in question are his buyers, who in all probability are
middle class people who themselves wanted to make money out of the
apparent sad predicament that defendant had brought upon the plaintiff.
It is the fervent hope of this court, therefore, that with the advent of the
NEW SOCIETY defendant will turn a new page and make a fresh start
in life.

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250 SUPREME COURT REPORTS ANNOTATED

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"WHEREFORE, judgment is hereby rendered:

"1. Upholding the validity and indefeasibility of plaintiffs Transfer

Certificates of Title over the land in question;
"2. As a consequence thereof, forever enjoining and barring the
defendant, his successors-in-interest, assigns, agents or any
person or persons acting for or in his behalf, from selling and
advertising, verbally, or in writing, the sale of the lands in
question and from asserting any claim or dominion or possession
whatsoever on or over the said property, directly or indirectly,
adverse to the plaintiff; and
"3. Ordering the defendant to pay attorney's fees in the sum of
P50,000.00 plus cost of suit.

"SO ORDERED."
(Exhibit II-I-a, at pages 409-411 of Exhibit II).

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The afore-quoted decision was appealed to the Court of Appeals,

docketed as CA-G.R. No. 53125-R.
On December 13, 1978, the Court of Appeals promulgated a
decision in the aforesaid case affirming the decision of Judge
Apostol.
Respondent NAVARRO elevated the case to this Honorable
Tribunal (G.R. No. L-50156). Again, his petition was denied for
lack of merit. His subsequent motion for reconsideration was also
denied. Consequently, the issue brought forth in the sala of Judge
Apostol has now been laid to rest.

EVIDENCE FOR THE RESPONDENT

Respondent NAVARRO presented both testimonial and

documentary evidence. His testimonial evidence consist of his
testimony and those of Atty. Eulogio R. Rodriguez, one of the
complainants; and Arsenio de Guzman, Chief of Section of the
Bureau of Lands. His documentary evidence consist of Exhibits 1
to 13, inclusive.
On direct examination, respondent NAVARRO testified that
the present charges are the same as the charges in administrative
Case No. 1154, entitled, "In Re: Atty. Felipe C. Navarro,
respondent", which was referred to the Office of the Solicitor
General for investigation. He further declared that this Honorable
Court deferred action on the said administrative case until such
time that G.R. Nos. L-42699-42709, the heirs of the late
Florentina Nuguid Vda. de Haberer vs. Court of Appeals, et al. is
terminated. Respondent's direct testimony dwelt only on these
two matters and on the identification of his Exhibits 1 to 9.
On cross-examination, respondent NAVARRO testified that he
is the counsel for the defendants in the twenty-two (22) cases
before

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Judge Pedro Navarro and Judge Emilio Salas of the Court of First
Instance of Rizal; that he became the owner of the lands not
occupied by his clients by virtue of his contract of legal services
signed by them (pp..76-78, t.s.n., July 7, 1977; pp. 7-10, t.s.n.,
Sept. 9, 1977). Said contract for legal services, which appears on
pages 224-232 of Exhibit ”I”, reads as follows:

"KASUNDUAN HINGGIL SA SERBISYO NG ABOGADO SA MGA

KINAUUKULAN NA ANG MGA BAGAY NAITO AY MALAMAN AT
MAKARATING

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"Itong kasulatan na ito ay nagpapatibay at nagbibigay-bisa hinggil sa

serbisyo ni Atty. Felipe C. Navarro tungkol sa aming karapatan sa
lupaing nasasakop ng diumano'y Kautusan Big. 1425 (Decree No. 1425)
sa diumano'y Usapin Big. 699, 875, 917, aip. (Cases Nos. 699, 875, 917,
etc.) sa dating Hukuman ng Pagpapatala ng Lupain (defunct Court of
Land Registration) na ang nasabing di-umano'y Kautusan Big. 1425 na
siyang pinagbatayan ng ipinapatalang gawa-gawang dalawanpu't anim
(26) ng mga Original Certificates of Title ng Register of Deeds ng Pasig at
nagbunga ito ng maraming Transfer Certificates of Title na sa
kasalukuyan iginigiit ng mga mayhawak ngunit yan ay 'wala namang
bisa at katuturan (Viz., City of Manila vs. Lack, 19 Phil. 324, 340)' dahil
sa kapaltosan ng nasabing diumano'y Kautusan Big. 1425 na sa mula't
sapul magpahanggang ngayon sa kasalukuyan ay iginigiit sa mga
nakalagda sa ibaba ng kasunduang ito kasama na rin ang mga dati at
ibang mga kliyente ni Atty. Felipe C. Navarro na ngayon ay siyang
nararapat maging kalahok sa animnapung usapin na sa kasalukuyang
hawak ni Atty. Felipe C. Navarro (Civil Cases Nos. 8322, etc. of the Court
of First Instance of Rizal, Branches I, II, and VI contesting the
genuineness and due execution of Decree No. 1425 of the defunct Court of
Land Registration) upang mabigyan ang mga nakalagda sa ibaba ng mga
kanikaniyang katibayan o kung sila man ay mayhawak ng titulo na
sakup ng di-umano'y Kautusan Big. 1425 ay babagohin iyan o
mapapalitan ng maybisa galing sa Hukuman upang matahimik at
mapayapa ang kanilang paninirahan dahilan mula't sapul ay kanila
nang pinamamayanan sa buong kaalaman ng sambayanan at walang
paglilihim ng kanilang mapayapang pagmamay-ari ng mga lupain na sa
mula't sapul ay pinaninirahan ng mga nakalagda sa ibaba ng
kasunduang ito at ng kanilang ninuno o nagpamana (predecessors-in-
interest) na siyang mga pangyayari ay sapat na upang maigawad ang
mabisang titulo sapagka't and nasabing lupain kailanma'y di naging
pambayan kungdi pribado o

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252 SUPREME COURT REPORTS ANNOTATED

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di kaya'y sariling pag-aari ng nakalagdang may-ari sa ibaba ng

kasunduang ito, dahil sa mga nabanggit ng mga pangyayari na 'natamo
sa pamamagitan ng pagbibigay-bisa ng batas di lamang ng karapatan sa
pag-aangkin ng lupain kungdi maging ang karapatang ipinagkaloob sa
kanila ng pamahalaan ay nagsasaad na ang aktuwal na pagkakaloob sa
kanila ng pamabalaan ng titulo ay di na kinakailangan upang ang
nasabing karapatan ay di kilanlin o pagtibayin ng Hukuman (Susi vs.
Razon and Director of Lands, 48 Phil. 242; Director of Lands vs.
Abaldonado CA-G.R. No, 177-R, Jan. 12, 1948, 45 Off. Gaz 2188).' Nguni't
sa dahilang mayroon huwad na titulo ang mga nag-aangkin ng mga
lupain at nararapat iharap sa Hukuman ang bagay na ito upang ang

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Hukuman magpatibay at magbigay-bisa ng mga titulo sa mga nakalagda

sa ibaba ng kasunduang ito ayon sa Section 10 ng Rule 39 ng Rules of
Court. 'Sapagka't ang pamumusisyon sa isang bagay ang batayang di
mapagtatalunan hinggil sa kalaunan ng pagmamay-ari nito ng
makalipas ang mahabang panahong takda ng batas, maging ito man ay
walang karampatang titulo o mabuting hangarin ay nagpapahina at
sumisira sa saklaw-bisa at halaga ng pinakamahusay na titulo na
maaring nasa bagay na iyon na pinanghahawakan ng taong hindi
nagmamay-ari. Bunga nito, ang pamumusisyon ng mahigit sa
tatlumpung (30) taon na tinatamasa ng isang tao bilang may-ari kahit na
walang karampatang titulo o mabuting hangarin ay gumaganap ng sapat
na titulo upang makuha ang pag-aari ng lupain tangan sapagka't ang
lampas-bisa o ang panahong itinakda ng batas sa pamamagitan ng
pamumusisyon ng mahigit na tatlumpung (30) taon ay tiyakang hadlang
na maging ang pinakamahusay na titulo na kinikilala ng batas ay hindi
makatitinag o makapangingibabaw (Kincaid vs. Cabututan, 35 Phil.
383).' Hindi maaring sabihin o ipagmalakdan ng mga nangamkam na sa
pamamagitan ng kanilang huwad na titulo ay naangkin na nila ang
lupain o di kaya'y gawing batayan ang kanilang huwad na titulo upang
masabing sila ay nagmamayari ng lupa, Hindi ito maaring maganap
sapagka't ang krimen at panlilinlang hindi maaring maging batayan ng
panimula ng isang tunay at mabisang titulo kahit na ipinagbili at nabili
sa isang mabuti ang hangarin ng bumili ng karampatang halaga ng
lupain (Levin vs. Bass, 91 Phil. 419, 439). Dahil sa itinuring ng batas na
sila ay 'constructive trustees, lamang kaya hindi maganap ang lampas-
bisa (Gayondato vs. Treasurer of the Philippine Islands, 49 Phil. 244-
249). Subali't dahilan sa ilang katiwalian ng katotohanan na di nabatid
ng mga nakalagda sa ibaba ng kasunduang ito na di-umano'y siyang
naganap na

253

VOL. 185; MAY 9, 1990 253

Geeslin vs. Navarro

pangyayari nguni't ang tunay na katotohanan ay di naman ito naganap

at naliligaw sa paniniwalang nararapat silang nagbayad ngrentas o
alkila at ang ilan ay binili ang lupain gayong ang katotohanan ay sila
ang nararapat at tunay na may-ari sa di-umano'y Kautusan Big. 1425
(Decree No. 1425) ng defunct Court of Land Registration na nagbunga ng
gawa-gawang titulo na sumasakop sa buong kalawakan ng humigit
kumulang ng 4,000 hectares na sa makatuwid ay apatnapung (40)
milyong metro kuwadrado ng lupaing ngayon ay matatagpuan sa buong
bayan ng Mandaluyong, ang buong bayan ng San Juan sapagka't sakop
ito noon ng bayan San Felipe Neri ayon sa Act No. 942, ang bahagi ng
Punta sa Maynila sapagka't sakop ito noon ng Mandaluyong na ngayon,
kalahati ng bayan ng Pasig, kalahati ng bayang Mariquina, at kalahati
ng Lungsod ng Quezon sapagka't pinilas lamang ito buhat sa bayan ng

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Mariquina, Pasig, San Juan at Mandaluyong sa pamamagitan ng

Commonwealth Act No. 502 na pinagtibay noong Oktubre 12,1939 at
sang-ayon sa mga paglalarawan ng dir-umano'y pagsusukat o survey
nagsimula sa Maytunas creek patungong ilog ng San Juan patungong
dakong ibaba ng agos ng ilog ng San Juan hanggang sa bahaging
matatagpuan ang ilog ng Pasig sa Punta, Maynila at lumilisya sa
patungong itaas ng agos ng ilog Pasig na nababanggit ang sapa ng
Buayang Bato sa Namayan, Mandaluyong pagkatapos ay pabalik sa ilog
Pasig sa dakong pataas ng agos ng ilog hanggang sa ilog ng Mariquina at
pagsunod sa dakong pataas ng agos ng ilog ng Mariquina hanggang sa
sapa ng Pinagpatayang Buaya at lumalakdaw hanggang sa pinagmulan
ng sapa ng Diliman na umaagos ng pababa patungong ilog ng San Juan
at pabalik sa sapa ng Maytunas na ang nasabing baybay-sukat o survey
sa abot makakaya ng sinumang may sapat ng kakayahang agrimensor
(surveyor) ay di makabuo ng ni isa man lamang maramihang-gilid na
hugis o anyo (polygon).
"Dahilan sa mga nabanggit na pangyayari, ang mga nakalagda sa
ibaba ng Kasunduang ito ay sumasang-ayon na kasunduin ang
paglilingkod ni Atty. Felipe C. Navarro ng No. 66 Azucena, Roxas
District, Quezon City upang gumawa ng karampatang hakbang sa
Hukuman ng Unang Dulungan ng Rizal pati Quezon City hanggang sa
Corte Suprema kung kinakailangan at gawin ang anumang paraang
isinasaisip niyang tumpak at nararapat gawin sang-ayon sa batas upang
matamo ng mga makalagda sa ibaba ng kasunduang ito ang kani-
kaniyang titulo ayon sa paraang minamarapat ng batas at kaming mga
nakalagda sa ibaba ng kasunduang ito ay nagkakaloob ng buong
kapangyarihan kay Atty. Felipe C. Navarro na ilagay sa kan

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254 SUPREME COURT REPORTS ANNOTATED

Geeslin vs. Navarro

yang pangalan at kung sa kanino man niya naising ipagkaloob ang ibang
bahagi ng lupain na aming minana o pinagsundan (predecessors-in-
interest) nguni't ipinaubaya na namin sa kay Atty. Felipe C. Navarro
bilang bahagi ng buong kabayaran ng kanyang serbisyo at karapatang
maangkin niya sangayon sa mga inilalahad ng kasunduang ito maliban
na lamang doon sa bahagi ng lupaing nais naming mapatituluhan sa
ilalim ng aming kani-kaniyang pangalan at sumasang-ayon kami sa
pagbabayad ng karampatang halaga sa paglilingkod ni Atty. Felipe C.
Navarro nang naayon sa isinasaad ng kasunduang ito. Na sa bawa't kilos
na magaganap sa pagpapatitulo ng aming mga ariarian, ang
mamamahala sa mga gastos o kabayaran ay si Atty. Felipe C. Navarro
na ang ibig sabihin na mula sa pagpapasukat (survey) ng mga ari-arian
hanggang sa pagbibigay ng mga plano ng mga sukat upang mapagtibay
ito ng Kagawaran ng Lupain (Bureau of Lands), paghahanda at
pagnonotaryo ng mga 'affidavit’ ng pagmay-ari, pagkuha ng mga

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katibayan ng pagkamayari, bayad sa pagpasok sa husgado (filing fees),

pagpapatala (registration), paggawa ng mga kasulatan (documentation),
pagsalin ng mga rekord (transcripts), pagpapatunay (certifications) at iba
pang mga kinakailangang bayaran at pagkagastuhan ay nasa kalayaan
na ni Atty. Felipe C. Navarro na pagpasiyahan ng naa-ayon sa kaniyang
sariling kagustuhan na ang nilalayon sa bandang huli at ang tunay na
hangarin ay ang mapatituluhan ng ayon sa batas ang aming kani-
kaniyang mga lupain sa aming kani-kaniyang pangalan nasa
pamamagitan ng mga tungkuling iniatang namin kay Atty. Felipe C.
Navarro sa pamamagitan ng kasunduang ito, sumasang-ayon kami at
natatalian o nabibigkisang ng kasunduang ito na magbayad ng halagang
Dalawampu't Limang Piso (P25.00) sa bawat metro kuwadrado ng
lupaing matitituluhan sa aming pangalan bilang kabayaran sa serbisyo o
paglilingkod ni Atty. Felipe G. Navarro; ang halagang Sampung Piso
(P10.00) sa bawa't metro kuwadrado ay aming magiging paunang-bayad
upang ang proyektong ito ay mapanimulan kaagad sa lalong madaling
panahon at ang matitirang dapat bayarang halaga na Labing-Limang
Piso (P15.00) bawa't metro kuwadrado ay aming babayaran kapag
naipagkaloob na ang titulo ng lupa sa amin sa kasunduang kapag buhat
sa isang taon mula sa petsang ipinagkaloob ang titulo ng lupa ay hindi
kami nakababayad ng buo sa halagang natitira o balanse na Labing-
limang Piso (P15.00) sa bawa't metro kuwadrado, ang titulo ng lupain ay
mapupunta sa pangalan ni Atty. Felipe C. Navarro nguni't ang
kasunduang ito na isang taong pagbibigay-palugit ni Atty. Felipe G.
Navarro upang

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Geeslin vs. Navarro

siya ay mabigyan ng kabuuang kabayaran sa kanyang mga paglilingkod

sa usaping ito at sumasang-ayon si Atty. Felipe C. Navarro na kami ay
pahintulutang isangla ang aming mga ariariang may karampatang titulo
na di huwad at pinagtibay ng batas sa alinmang bangko upang ito ang
magsilbing bayad sa mga paglilingkod ni Atty. Felipe C. Navarro sa
usaping ito at iyon lamang ang natatanging sandali o panahong kami ay
mawawalan na ng obligasyon o tungkuling bayaran ang Dalawampu't
Limang Piso (P25.00) sa bawa't metro kuwadrado ng lupaing ikinasundo
namin ang serbisyo ni Atty. Felipe C. Navarro upang matituluhan nang
naayon sa batas. Sumasang-ayon din si Atty. Felipe C. Navarro na ang
sinuman sa aming nakalagda sa ibaba ng kasunduang ito na hindi
kayang magbayad ng paunang-halaga na Sampung Piso (P10.00) sa
bawa't metro kuwadrado ay bibigyan ng karampatang magbayad ng
makahalintulad na halaga sa bawa't buwan sa loob ng sampu (10) o
dalawampung (20) taon sang-ayon sa mga hinihingi ng pangyayari, ang
titulo ng lupain ay ipagkakaloob lamang sa nagnanais umangkin nito
kung mababayaran na ang kabuuan ng paglilingkod ni Atty. Felipe C.

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Navarro kasama na ang legal' interest' at ang amortization nito nguni't

kinakailangan magbigay sila ng paunang bayad na Limangpung Piso
(P50.00) upang panimulan ang pagbabayad buwan-buwan (monthly
installment condition) at magiging mabisa lamang ito kung matutupad
ng buong katapatan ang pagbabayad ng hulugang buwan-buwan
(monthly installment; na maaring magbuhat sa halagang Limang Piso
(P5.00) hanggang Limangpung Piso (P50.00) sa bawa't buwan nang
naayon sa laki o kalawakan ng lupaing nararapat na mapasa-amin ayon
sa batas. Sa dahilang ang buhay ng tao ay walang katiyakang
magtatagal na habang panahon ay isinasalin namin ang aming mga
karapatan at tungkulin sa aming tagapagmana lamang at gayon din si
Atty. Felipe C. Navarro na maaring manahin ang kanyang karapatan sa
kasunduang ito sa mga tagapagmana lamang niya upang itaguyod nila
ang paglilingkod sa anumang paraan ayon sa batas.
"SA KATUNAYAN AT KATIBAYAN NG LAHAT NG NABANGGIT
NA KASUNDUAN ITO:
ay lumalagda kami sa kasunduang ito na aming tutuparin ang lahat
ng isinasaad sa kasunduang ito na sinasang-ayunan din ni Atty. Felipe
C. Navarro na kanyang tuparin ang kanyang tungkulin bilang
manananggol na tutulong sa aming upang kami ay mapagkalooban ng
Hukuman ng titulo sa aming kanikaniyang lupain ng naayon sa batas at
siyang isinasaad din ng

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kasunduangito at kasama ng paglagda ng aming mga pangalan na

siyang nais naming pangalang lumitaw sa titulo, ang aming kani-
kaniyang tirahan, kalawakan ng lupain, paraang pagbabayad at petsa na
kami lumagda sa kasunduang ito bilang pagpapatunay na aming taos-
pusong pagsang-ayon at hangarin tumupad sa lahat ng napapaloob sa
KASULATANG ITO."

In the course of the proceedings, respondent NAVARRO

admitted that he has sold, and is still selling, properties covered
by Torrens titles in the names of ORTIGAS & CO., Madrigal, and
others, but he claims that the titles of said parties are null and
void because they emanated from Decree No. 1425; that he has no
title over the properties sold by him except the contract of legal
services which his clients allegedly signed; that he has no
approved plans for the various subdivisions allegedly owned by
him; that he has not obtained any certificate of registration or
license to sell from the National Housing Authority; that he has
not declared for taxation purposes the thousands of hectares of
prime lands in Mandaluyong, San Juan, Pasig, Quezon City and
Marikina, allegedly owned by him; and that he has not filed any

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case directly attacking the title of ORTIGAS and others (pp. 7-33,
t.s.n., Sept. 9,1977; Exhibit J).
Respondent NAVARRO also admits that he is the defendant in
the "25-Billion-peso-case" before Judge Sergio Apostol, docketed
as Civil Case No. Q-16265, entitled "Ortigas & Company Limited
Partnership vs. Felipe C. Navarro's Court of First Instance of
Rizal, Branch XVI, Quezon City; that said case covers lands in
Mandaluyong, San Juan, Pasig, Marikina and Quezon City
including those involved in the present case (pp. 8-21, t.s.n., July
7,1977; Exhibits F, F-1 to F-168).
Despite the decision of Judge Apostol upholding the validity of
the Ortigas Transfer Certificate of Title and enjoining respondent
NAVARRO from selling lots covered by said title, NAVARRO still
continued selling properties covered by the injunction claiming
that the said decision is ineffectual because
4
the same has been
appealed, (pp. 33-34, t.s.n., Sept. 9,1977).

On the basis of the foregoing report, the Solicitor General

filed a complaint with Francisco Ortigas, Jr. as
complainant, praying that respondent Navarro be
disbarred, that his name be stricken from the roll of
attorneys, and that his certificate of admission to the bar
be recalled.

_______________

4 Ibid., 4-32.

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VOL. 185, MAY 9, 1990 257

Geeslin vs. Navarro

On May 23, 1980, respondent Navarro filed 5

his answer
with prayer to lift the order of suspension. Complainant
Ortigas, Jr.6 filed an opposition to said motion to lift
suspension. Respondent Navarro reiterated
7
his plea in his
manifestation dated August 8, 1980. In a resolution dated
September 2, 1980, 8this Court denied the motion to lift the
order of suspension.
On October 29, 1980, respondent Navarro filed an
urgent ex parte9
motion praying for the lifting of the order
of suspension which 10
was denied by this Court on
November 13, 1980. He reiterated11his prayer in another
motion filed on January 5, 1981 but the same12 was
likewise denied in our resolution of January 22, 1981.
II. Administrative Case No. 2033 arose from a letter-
complaint, dated March 13, 1979, filed by the spouses E.
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Conrad and Virginia Geeslin with the Integrated Bar of the

Philippines, charging respondent Navarro with deceit,
malpractice and gross misconduct in office, and blatant
violation of the Attorney’s Oath. Said letter was thereafter
referred to this Court by Integrated Bar of the Philippines
President (now Chief 13
Justice) Marcelo B. Fernan for
appropriate action. 14
Pursuant to our resolution of June 4, 1979, respondent
Navarro filed
15
his answer with motion16
to dismiss on17
June
29, 1979. The corresponding reply and rejoinder, were
subsequently filed. In a resolution of this Court dated
October 1, 1985, the case was referred to the Office of the
Solicitor General
18
for investigation, report and
recommendation.

_______________

5 Ibid., 61.
6 Ibid., 122.
7 Ibid., 146.
8 Ibid., 169.
9 Ibid., 182.
10 Ibid., 187.
11 Ibid., 191.
12 Ibid., 194.
13 Ibid., Adm. Case No. 2033, I.
14 Ibid., 41.
15 Ibid., 42.
16 Ibid., 45.
17 Ibid., 53.
18 Ibid., 166.

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258 SUPREME COURT REPORTS ANNOTATED

Geeslin vs. Navarro

On August 28, 1989, the Office of the Solicitor General

submitted its report, with the following findings and
recommendation:

CHARGES

In their Complaint dated March 13, 1979, complainants charged

respondent with deceit, malpractice and gross misconduct in
office, and blatant violation of the Attorney’s Oath, for having
deliberately misrepresented the facts and the law while acting as
counsel for the defendants in the following civil cases:
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“a. His insistence that our clients are no longer owners of the
land subject of the cases mentioned above; he falsely
alleged that to his personal knowledge the title to the land
is in the name of one Leopoldo Cojuangco. This false
allegation was made despite the final decision of the Court
of First Instance of Rizal, Branch XVII, in Civil Case No.
Q-18221 entitled ‘E. Conrad and Virginia B. Geeslin vs.
Leopoldo Cojuangco, et al.’: (1) declaring the transfer of
the lot to Leopoldo Cojuangco was fraudulent and had
been effected thru falsification; and, (2) ordering the
cancellation of the title issued to Cojuangco and the
reversion of the title to our clients. Copies of the
Complaint and the Decision in said case are hereto
attached as Annexes ‘B’ and ‘C’, respectively.
“b. Mr. Navarro persisted and still persists in representing
that our clients’ title was rendered null and void by virtue
of the expiration of the Parity Amendment and the
decision of the Supreme Court in the case of Quasha vs.
Republic, 46 SCRA 160. Our clients’ title to the aforesaid
property was acquired by hereditary succession from the
late Dr. Luther Bewley who acquired said land in 1925.
The ownership therefore of our clients is protected both
under the 1935 and 1972 Constitutions. Any lawyer, even
a law student, knows that the Parity Amendment and the
decision in the Quasha case, supra, covers cases where
property was acquired by virtue of the Parity Amendment.
Mr. Navarro is either guilty of abysmal ignorance of the
law or of complete and unabashed contempt for facts, the
law of the land and for the Courts.
“c. Mr. Navarro persists in misrepresenting to the Court that
the title covering the land subject of the above cases had
been declared null and void in the ‘final and executory’
decision of the Court of First Instance of Rizal, Branch II.
He deliberately omits to give the title of the case and its
docket number for the

259

VOL. 185, MAY 9, 1990 259

Geeslin vs. Navarro

obvious and malicious reason that the case he relies upon

(Heirs of Nuguid vs. Court of Appeals, G.R. No. 42699-
42709) is still pending resolution before the Supreme
Court and hence cannot be ‘final and executory.’
“d. He misrepresents to the Court that the land subject of the
cases heretofore enumerated is not within the territorial

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jurisdiction of the Quezon City Court and hence the court

has no jurisdiction. Further, that title thereto having
described the land to be part of the Municipality of San
Juan del Monte, is void. He cannot disclaim knowledge
however of the fact that the area in the vicinity of
Santolan Road in Quezon City was originally part of the
Municipality of San Juan del Monte territory of Quezon
City when the latter was created on 14 June 1950. In the
light of this fact, Mr. Navarro’s representation is false and
malicious.
“e. Mr. Navarro has shown a complete and total disregard for
basic norms of honesty and decency in that having
prejudiced the interest of his clients because of his gross
neglect to appeal in a timely manner from the decision of
the court and having adopted the wrong remedy, in
complete ignorance of the law, he had influenced his
clients into commencing a case before the Tanod Bayan
against the Presiding Judge of the City Court of Quezon
City, Branch I, and Hon. Minerva Genovea. The case is
obviously calculated to harrass and coerce the Honorable
Presiding Judge. Mr. Navarro’s conduct speaks ill of his
respect for the law and the courts.
“f. The penchant of Mr. Navarro to misrepresent and deceive
did not stop before the City Court of Quezon City. He
continues to do so in the petition he filed before the
Honorable Court of Appeals docketed as CA-G.R. No. S.P.
08928 entitled ‘Adolfo Corpus, et al. vs. Hon. Minerva
Genovea, et al.’ Copies of the Petition and the undersigned
attorney’s Comments thereto are hereto attached as
Annexes ‘D’ and ‘E’, respectively.” (pp. 2-4, Record)

RESPONDENT’S ANSWER

In his Answer dated June 29, 1979, respondent averred:

“1. From the face of the Resolution itself showing that the undersigned
respondent was never furnished with a copy of the complaint, it can be
gathered therefrom that the complaint is clearly intended to prevent the
undersigned respondent to proceed in defending his clients’ cause in CA-
G.R. No. SP-08928

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260 SUPREME COURT REPORTS ANNOTATED

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(Adolfo M. Corpuz, et al. vs. Hon. Minerva C. Genovea, the

Spouses Conrad E. Geeslin and Virginia Bewley Geeslin,

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et al.) still pending at this writing before the Court of

Appeals. To allow complainants to harass respondent
while the case (is) still pending in our courts of justice is
an act in contempt of court for which complainants and
their counsel is (sic) liable.
“2. Undersigned respondent as counsel for the defendants
Adolfo Corpuz, et al. gave his entire devotion to the
interest of his clients, warm zeal in the maintenance and
defense of their rights and the exertion of his utmost
learning and ability to the end that nothing be taken or be
withheld from his clients, save by the rules of law, legally
applied; for his clients are entitled to the benefit of any
and every remedy and defense that is authorized by law as
was done by the undersigned respondent in the ‘ejectment
case’ filed by the complainants Conrad E. Geeslin and
Virginia B. Geeslin against the several clients of the
undersigned.” (pp. 42-43, Record)

After complainants filed a Reply dated July 17, 1979 pointing

out that respondent’s Answer does not deny any of the six (6)
counts of charges specified in the Complaint, respondent filed a
Rejoinder dated September 7, 1979, wherein he averred:

“1. The complainants alien spouses Conrad E. Geeslin and

Virginia B. Geeslin who are citizens of the United States
of America held TCT No. 153657 which was cancelled on
December 31, 1970 by TCT No. 180231 issued in the name
of Leopoldo A. Cojuangco both of which TCTs are
described to be located at Santolan Road, Municipality of
San Juan, Province of Rizal, (now part of Metro-Manila)
filed ejectment proceedings before the City Court of
Quezon City against my clients Victorino Manaois and
Adolfo Corpuz and twenty others in Civil Case Nos. I-
29872 to I-29931 which later were elevated to the Court of
Appeals in CA-G.R. No. SP-08928 entitled Adolfo M.
Corpuz, et al. vs. Hon. Minerva C. Genovea, the Spouses
Conrad E. Geeslin and Virginia Bewley Geeslin, et al.
“2. Undersigned respondent being retained as counsel for the
defendants Victorino Manaois and Adolfo Corpuz and the
twenty (20) other defendants did his bounden duty in
defense of their rights and exerted his utmost learning
and ability within what the law allows that at this stage,
the controversy is still under litigation before the courts as
stated above.
“3. Under the foregoing circumstances, the administrative
action must have been resorted to by the complainants at
the

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instigation of their counsel who failed in wanting to defeat the

defendants of their God-given rights to the land in litigation that there
can be no other conclusion left but that the administrative complaint
against the respondent is ‘pure’ harassment.” (pp. 53-54, Record)

FINDINGS

When the case was set for hearing by the Office of the Solicitor
General, the parties agreed that there is no dispute as to the fact
of the case. Hence, they were granted a period of thirty (30) days
within which to file their respective memoranda, if they so desire,
after which the case will be considered submitted for resolution.
Since respondent did not deny the allegations of the Complaint,
and in fact admitted during the hearing of the case set by the
Office of the Solicitor General that there is no dispute as to the
facts of this case, it follows that the specifications of the charges
against him, which are duly supported by documents, are deemed
sufficiently proven.
The only justification invoked by respondent is that he “gave
his entire devotion to the interest of his clients” and that he “did
his bounden duty in defense of their rights and exerted his utmost
learning and ability.”
Consequently, respondent is deemed to have committed the
misrepresentations specified by complainants, as quoted above.

RECOMMENDATION

Respondent was also charged in Administrative Case No. 2148

entitled Ortigas vs. Navarro and has been suspended from the
practice of law since May 5, 1980. His suspension is still in effect.
The acts complained of in the present case also warrant the
suspension of respondent from the practice of law.
WHEREFORE, it is respectfully recommended that respondent
Atty. Felipe C. Navarro be likewise suspended from the practice of
law. 19
Makati, for Manila, August 17, 1989.

No justiciable issue was raised in Administrative Case No.

2033 as respondent Navarro failed to deny the material
allega-

_______________

19 Ibid., 168-177.

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tions in the complaint of the spouses E. Conrad and

Virginia B. Geeslin.
The two main issues raised by the Solicitor General in
Administrative Case No. 2148 are:

1. Whether or not respondent Navarro sold properties

titled in the names of other persons without the
consent of the latter; and
2. If in the affirmative, whether or not such acts
constitute sufficient grounds for suspension or
disbarment.

Respondent reiterated in his answer that the transfer

certificates of title of Ortigas & Company, Limited
Partnership and Florentina Nuguid Vda. de Haberer
were declared null and void in the decision dated March 31,
1970 of the Court of First Instance of Rizal, Branch XV, in
Civil Case No. 7-M (10339) entitled “Pedro del Rosario, et
al. vs. Ortigas & Co., Ltd. Partnership, et al.,” and in the
order dated June 21, 1971 of the Court of First Instance of
Rizal, Branch II, in Civil Cases Nos. 8320, 8321, 8326,
8369, 8376, 8379, 8383, 8685, 8686 and 8700 entitled
“Florentina Nuguid Vda. de Haberer vs. Federico Martinez,
et al.” Respondent likewise reiterated his claim of
ownership over all parcels of land (including those of
Ortigas & Company, Limited Partnership and Florentina
Nuguid Vda. de Haberer) covered by Decree No. 1425,
G.L.R.O Record No. 917, which was declared null and void
in the decision dated March 31, 201970 of Branch XV of the
Court of First Instance of Rizal. Furthermore, he asserts
ownership over the subject properties as payment for his
legal services rendered in the ejectment cases filed against
his clients in Branches I and II of the former Court of First
Instance of Rizal.
1. To clarify, Civil Case No. 7-M (10339) filed before
Branch XV of the then Court of First Instance of Rizal
directly assailed the nullity of the proceedings in G.L.R.O
Record No. 917 by virtue of which Decree No. 1425 was
issued, as well as the original certificates of title issued as
a consequence thereof. These original certificates of title
include the properties belonging to Ortigas & Company,

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Limited Partnership and Florentina Nuguid Vda. de

Haberer. On March 31, 1970, Judge Vivencio

_______________

20 Ibid., Adm. Case No. 2148, 135-136.

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Geeslin vs. Navarro

M. Ruiz then presiding over said Branch XV rendered a

decision declaring Decree No. 1425, as well as the original
certificates of title issued pursuant thereto, null and void.
Ortigas appealed the Ruiz decision to the Court of Appeals
which set the same aside and remanded the case to Branch
XV for new trial. On November 3, 1973, Judge Arsenio A.
Alcantara, who replaced Judge Ruiz, rendered a decision
confirming the validity of Decree No. 1425 and all titles
emanating therefrom. The said decision was pending
appeal with the Court of Appeals when the investigation of
respondent by the Solicitor General was conducted.
We take judicial notice of the fact that on December 29,
1983, the Court of Appeals rendered a decision affirming in
toto the November 3, 1973 decision of Judge Alcantara,
which became final and executory on May 25, 1984 insofar
as plaintiffs-appellants Pascual Santos, et al. are
concerned. The plaintiffs-appellants Pedro del Rosario, et
al. appealed to the Supreme Court in a petition for review
on certiorari which was, however, denied on February 18,
1985. The denial became final and executory on April 10,
1985. Thereafter, the records of the case were remanded to
Branch XV of the Court of First Instance of Rizal for
execution.
The records further show that the March 31, 1970
decision of Branch XV in Civil Case No. 7-M (10339)
became the basis of the decision rendered by Judge Pedro
Navarro of Branch II on May 21, 1971 which dismissed the
complaint for ejectment filed by Haberer against the clients
of respondent Navarro. However, Judge Navarro in his
decision categorically stated that “it is the considered
opinion of this court that until and unless the decision of
Branch XV of this court is reversed or set aside by final
judgment, plaintiff’s prayer to order the herein eleven
defendants in these eleven cases to vacate the parcels
which they occupy and on which their respective houses are
built has become premature.” This condition was reiterated
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in Judge Navarro’s order of September 15, 1972 wherein he

stated that:

In the order dated July 17, 1971, the Court had occasion to
reiterate that its decision in this case was mainly predicated on
the decision of Branch XV of this Court that the certificate of title
emanating from the proceedings in GLRO Record No. 917 were
null and void

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264 SUPREME COURT REPORTS ANNOTATED

Geeslin vs. Navarro

and plaintiff’s title happened to be one of them. The Court opined

that until said decision is reversed the actual occupants
21
had
better be maintained in their possessions of the land.

However, to repeat, the March 31, 1970 decision of Branch

XV was set aside by the Court of Appeals which remanded
the case for new trial and another one was rendered, this
time by a different judge on November 3, 1973 upholding
the validity of Decree No. 1425 and all titles issued as a
consequence thereof. Respondent cannot feign ignorance of
the November 3, 1973 decision, which superseded the
March 31, 1970 decision, for the simple reason that it was
his clients who appealed the former decision to the Court of
Appeals. In spite thereof and indicative of his bad faith, he
stubbornly continues to invoke the decision of March 31,
1970 as the source of his alleged ownership rights over the
Ortigas properties.
2. In the order of June 21, 1971, Judge Pedro Navarro of
Branch II ordered the cancellation of Transfer Certificate of
Title No. 15043 issued in the name of Haberer and the
issuance of new titles in the name of the defendants,
subject to the lien for attorney’s fees in favor of respondent
pursuant to the terms of the contract for his legal services.
However, the same judge issued an amendatory order
dated September 15, 1972, which provides in part that:

It has also come to the understanding of the Court that the order
of June 21, 1971, sought to be reconsidered insofar as it ordered
the cancellation of Transfer Certificate of Title No. 15043 in favor
of the plaintiff, also adversely affects the interests of other
persons and entities like the Ortigas and Company, Limited
Partnership, which is not a party herein, because the certificate
of title of the plaintiff is also a derivative of GLRO 917 and Decree
No. 1425 from which Ortigas & Company, Limited Partnership,
derives titles over wide tracts of land. Since Ortigas & Company,
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Limited Partnership, is not a party in this case whatever orders

of decisions are made in this case cannot be made to affect the
said company. Decisions and orders can only affect parties to the
case.
The Court therefore arrives at the conclusion that the order
dated June 21, 1971, must be reconsidered on two grounds (1)
because the

_______________

21 Ibid., 14.

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Geeslin vs. Navarro

decision of Branch XV is now being the subject of further

proceedings and (2) because it has the effect of adversely affecting
the interest of Ortigas & Company, Limited Partnership, which
is not even a party herein.
WHEREFORE, as prayed, the order dated June 21, 1971, is set
aside. However, the decision dated May 26, 1971, insofar as it
denies the ejectment of the present occupants of 22
the land as
stated in the decision stands.” (Emphasis supplied)

It is apparent, therefore, that since the order of June 21,

1971, was set aside, the inescapable conclusion is that
Transfer Certificate of Title No. 15043 stands and remains
in the name of Florentina Nuguid Vda. de Haberer.
Consequently, the defendants therein never acquired title
to the property covered by the title of Haberer. And, since
respondent Navarro merely derives his supposed title to
the properties as a mere transferee, with more reason can
he not validly become the owner of the above properties.
3. Respondent intransigently relies on his contract for
legal services executed with his clients, the defendants in
the Haberer case, as another basis of his claim of
ownership over the entire property covered by Decree No.
1425. It must be noted that the said contract was executed
pursuant to the ejectment cases filed against respondent
Navarro’s clients which involve only the property covered
by Transfer Certificate of Title No. 15043 containing an
aggregate area of 12,700 square meters, more or less. It
appears that the defendants assigned rights to respondent
Navarro over properties which they did not actually occupy
and which virtually extended to all the properties covered
by titles issued under Decree No. 1425. As correctly
observed by the Solicitor General, said defendants have not
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presented any document evidencing their ownership of the

parcels of land they assigned to their lawyer.
From the foregoing considerations, it is incontrovertible
that respondent’s pretended ownership rights over the
parcels of land covered by Decree No. 1425 have no bases
whatsoever, either in fact or in law, and it is an assault on
credulity to assume that he was not aware of the vacuity of
his pretensions

_______________

22 Ibid., 15.

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and misrepresentations.
In resolving this disbarment case, we must perforce
initially focus on the degree of integrity and respectability
required and expected of the law profession. There is no
denying that membership in the legal profession is
achieved only after a long and laborious study. By years of
patience, zeal and ability the attorney acquires a fixed
means of support for himself and his family. This is not to
say, however, that the emphasis is on the pecuniary value
of this profession but rather on the social prestige and
intellectual standing necessarily arising from and attached
to the same by reason23 of the fact that everyone is deemed
an officer of the court.
The importance of the dual aspects of the legal
profession has been judiciously stated by Chief Justice
Marshall of the United States Supreme Court in this wise:

On one hand, the profession of an Atty. is of great importance to

an individual and the prosperity of his life may depend on its
exercise. The right to exercise it ought not to be lightly or
capriciously taken from him. On the other hand, it is extremely
desirable that the respectability of the Bar should be maintained
and that its harmony with the bench should be preserved. For
these objects, some controlling power, some discretion, ought to be
exercised 24with great moderation and judgment, but it must be
exercised.

In a number of cases, we have repeatedly explained and

stressed that the purpose of disbarment is not meant as a
punishment to deprive an attorney of a means of livelihood

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but is rather intended to protect the courts and the public

from the misconduct of the officers of the court and to
ensure the proper administration of justice by requiring
that those who exercise this important function shall be
competent, honorable and trustworthy25
men in whom courts
and clients may repose confidence. Its objectives are to
compel the lawyer to deal fairly and honestly with his
client and to remove from the profession a person whose
misconduct has proven him unfit for the duties

_______________

23 Noriega vs. Sison, 125 SCRA 293 (1983).

24 Id., citing Ex Parte Burr, 9 Wheat 529.
25 Diaz vs. Gerong, 141 SCRA 46 (1986).

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26
and responsibilities belonging to the office of an attorney.
As a rule, an attorney enjoys the legal presumption that
he is innocent of the charges until the contrary is proved,
and that, as an officer of the court, he has
27
performed his
duty in accordance with his oath. Therefore, in
disbarment proceedings,
28
the burden of proof rests upon the
complainant, and for the court to exercise its disciplinary
powers, the case against the respondent must29 be
established by clear, convincing and satisfactory proof.
We have painstakingly scrutinized and evaluated the
records of these two administrative cases and we cannot
but find that strong and unassailable evidence exist to
render it our irremissible duty to impose the ultimate
sanction of disbarment on respondent.
Respondent’s defense is anchored primarily on the
contract for legal services, executed by his clients whom he
represented in the twenty-two ejectment cases filed before
Branches I and IIof the former Court of First Instance of
Rizal, and quoted in full in the earlier part of this
discussion.
It is extremely relevant to note that both of the aforesaid
two branches of the trial court made no finding as to the
validity of the claim of ownership favorable to the
defendants therein. On the contrary, Judge Salas of Branch
I found for the plaintiff and ordered the defendants, clients
of respondent, to vacate the premises.

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In the case before Judge Navarro of Branch II, the

complaint was dismissed merely on the ground that “since
the evidence is uncontroverted that the defendants in all
these eleven cases have been in open, continuous, and
adverse possession of their respective parcels dating back
since their predecessors in interest,
30
their possession must
be maintained and respected.”
Thereafter, on June 21, 1971, the aforesaid judgment of
dismissal dated May 26, 1971 was modified, and the
Register of Deeds was thereafter ordered to cancel the
transfer certificate

_______________

26 Daroy, et al. vs. Legaspi, 65 SCRA 304 (1975).

27 Atienza vs. Evangelista, 80 SCRA 338 (1977).
28 Hernandez vs. Villareal, 107 SCRA 633 (1981).
29 Santos vs. Dichoso, 84 SCRA 622 (1978).
30 Ibid., Adm. Case No. 2148, 408.

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Geeslin vs. Navarro

of title issued in favor of plaintiff and to issue new titles in

the name of defendants subject to the lien for attorney’s
fees in favor of herein respondent in accordance with the
contract for legal services hereinbefore discussed.
Eventually, however, this subsequent order was
reconsidered and set aside in the order of September 15,
1972, “because it has the effect of adversely affecting the
interest of Ortigas & Co., Ltd. Partnership, which is not
even a party herein,” but it reinstated the decision of May
26, 1971 insofar as it denied the ejectment of the present
occupants.
As earlier noted, there is nothing in the records to show
that the defendants in the ejectment cases were declared
the true owners of the land subject of said cases. Only the
fact of possession was ruled upon, and what the courts
recognized was merely the defendants’ right of possession.
They, therefore, never become the owners of the subject
lots in any sense of the word in the absence of any
declaration to that effect, by reason of which they could not
have legally transmitted any ownership rights or interests
to herein respondent. Furthermore, we have seen that any
further claim of ownership on their part was finally settled
by the order of September 15, 1972, setting aside the order
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of June 21, 1971, wherein the trial court correctly held that
the earlier order unjustifiedly affected adversely the rights
of Ortigas & Company, Limited Partnership. In addition,
said court specifically excluded the title of said
partnership from the effects of its decision.
Pursuant to the provisions of the contract of legal
services, the defendants-clients agreed to convey to
respondent whatever properties may be adjudicated in
their favor in the event of their failure to pay the attorney’s
fees agreed upon. As hereinbefore stated, there was
nothing awarded to the said defendants except the right to
possess for the nonce the lots they were occupying, nothing
more. That respondent acquired no better right than the
defendants from whom he supposedly derived his claim is
further confirmed in the order of Judge Navarro, dated
June 21, 1971, denying the issuance of new certificates of
title to herein respondent who, to further stress the
obvious, was not even a party but only a lawyer of the
defendants therein. It follows that his act of selling the
Ortigas properties is patently and indisputably illegal.
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VOL. 185, MAY 9, 1990 269

Geeslin vs. Navarro

Respondent admits that he has no Torrens title but insists

on the puerile
31
theory that his title is his contract of legal
services. Considering that the effectivity of the provisions
of that contract is squarely premised on the award of said
properties to the therein defendants, and since there was
no such adjudication, respondent’s pretense is unmasked as
an unmitigated deception. Furthermore, it will be recalled
that the land involved in the two ejectment cases consists
of only 1.2 hectares whereas respondent is claiming
ownership over thousands of hectares of land, the sheer
absurdity of which he could not be unaware.
Respondent further admits that he has been and is
continuously selling, up to the present,
32
the entirety of the
land covered by Decree No. 1425, pursuant to the decision
of Branch XV of the then Court of First Instance of Rizal,
dated March 31, 1970, declaring the said decree null and
void as well as the titles derived therefrom.
It must nonetheless be remembered that the decision of
Judge Navarro recognizing the defendants’ right of
possession is subject to the final outcome of the March 31,
1970 decision of Branch XV which nullified Decree No.
1425. The latter decision, at the time the decision of Judge
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Navarro was rendered, was pending appeal. This is

precisely the reason why Judge Navarro had to amend his
decision a third time by setting aside the order of
registration of the land in the name of the defendants. He
could not properly rule on the ownership rights of
defendants therein pending a final determination of the
validity of said decree, which thus prompted him to find
merely on the fact of possession. Besides, a mere
declaration of nullity cannot, per se, justify the
performance of any act of ownership over lands titled in the
name of other persons pursuant to said decree. To cap it
all, as earlier discussed, that decision dated March 31, 1970
has been reversed and set aside, and a new one entered
confirming the validity of Decree No. 1425, which latter
decision has long become final and executory.
In Civil Case No. Q-16265, entitled “Ortigas and Co.,
Ltd. Partnership vs. Navarro,” herein respondent was
enjoined from selling, offering for sale and advertising
properties of the plain-

_______________

31 Ibid., 257.
32 Ibid., 47.

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Geeslin vs. Navarro

tiff therein. We have seen that a decision was subsequently

rendered therein on December 16, 1972 by Branch XVI of
the Court of First Instance of Rizal upholding the validity
of the transfer certificates of title issued in the name of
Ortigas and Co., Limited Partnership which became final
and executory after respondent’s petition for review was
denied by this Court. However, respondent continued to
sell properties belonging to Ortigas in blatant disregard of
said decision. This was categorically admitted by
respondent himself during
33
the investigation conducted by
the Solicitor General.
Respondent avers that the said decision cannot be
enforced during the pendency of the appeal therefrom.
Even if this were true, the fact that respondent was
enjoined by the court from selling portions of the Ortigas
properties is compelling reason enough for him to desist
from continuing with his illegal transactions.
As correctly observed by the Solicitor General:
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Respondent Navarro knew that the decision of Judge Vivencio

Ruiz declaring as null and void certificates of titles emanating
from Decree No. 1425 was reversed and set aside. He knew that
Judge Pedro Navarro of the Rizal Court of First Instance
exempted Ortigas & Company from the effects of his decision. He
also knew that Judge Sergio Apostol of the Rizal Court of First
Instance in Quezon City had upheld the validity of the certificates
of title of Ortigas & Company. Despite all these pronouncements
and his awareness thereof, respondent NAVARRO still continued
to sell properties
34
titled in the name of Ortigas & Company and
the Madrigals.

Lastly, the motion to dismiss filed by respondent should be,

as it is hereby, denied for lack of merit. Respondent
inexplicably posits that the charges against him should be
dismissed on the ground that his suspension was
automatically lifted by virtue of our resolution, dated June
30, 1980, which merely reads:

The manifestation of counsel for respondent stating among other

things that the complaint against respondent could not prosper if

_______________

33 Ibid., 262-263.
34 Ibid., 271-272.

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Geeslin vs. Navarro

respondent’s manifestation dated March 3, 1980 in G.R. No.

42699-42709 and his request for certification by the Chief Justice
to the effect that the petition in G.R. Nos. 42699-42709 is deemed
dismissed pursuant to Sec. 11(2) of Art. X of the Constitution are
granted, are NOTED.

There is absolutely nothing in the resolution to support

respondent’s typical distortion of facts. On the contrary,
our resolutions dated September 2, 1980, November 8,
1980, and January 22, 1981 repeatedly denied respondent’s
motions for the lifting of his suspension.
It further bears mention at this juncture that despite
the suspension of respondent Navarro from the practice of
law, he continues to do so in clear violation and open
defiance of the original resolution of suspension and the
aforestated resolutions reiterating and maintaining the
same. Thus, the records of this Court disclose that in G.R.

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No. 78103, entitled “Jose de Leon, et al. vs. Court of

Appeals, et al.,” a Second Division case filed on April 25,
1987, counsel for private respondents therein questioned
herein respondent Navarro’s personality to intervene in the
case since he was under suspension, to which respondent
Navarro rejoined by insisting that his suspension had
allegedly been lifted already. In G.R. No. 85973, entitled
“Hilario Abalos vs. Court of Appeals, et al.,” the petition
wherein was filed on December 2, 1988 and assigned to the
First Division, respondent Navarro also appeared as
counsel for therein petitioner. Said petition was denied
since the same was prepared, signed and verified by
respondent Navarro, a suspended member of the Philippine
Bar. Over his expostulation that his suspension had
already been lifted, the Court directed the Bar Confidant to
take appropriate action to enforce the same. Again, in G.R.
No. 90873, entitled “Matilde Cabugwang, et al. vs. Court of
Appeals, et al.,” the Second Division, in a resolution dated
January 31, 1990, imposed a fine of P1,000.00 upon said
respondent for appearing therein as counsel for petitioner
which fine he paid on February 5, 1990.
In at least three (3) other cases in the Second Division,
respondent Navarro appeared before the Court as counsel
for petitioners therein, viz: (1) G.R. No. 74792 (Lorenzo
Valdez, et al. vs. Intermediate Appellate Court, et al.), filed
on June 11, 1986 and decided on December 7, 1986; (2) G.R.
No. 76589
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272 SUPREME COURT REPORTS ANNOTATED

Geeslin vs. Navarro

(Atty. Felipe C. Navarro, et al. vs. Court of Appeals, et al.),

filed on November 28, 1986 and decided on May 4, 1987;
and (3) G.R. No. 81482 (Ricardo Rasalan vs. Flaviano
Pascua, et al.), filed on January 30, 1988 and decided on
February 15, 1988. The rollos in said cases show that he
also appeared as counsel for the petitioners in the Court of
Appeals, but since the lower courts’ original records were
not forwarded to this Court, said rollos do not reflect
whether he also appeared before the different courts a quo.
Such acts of respondent are evidential of flouting
resistance to lawful orders of constituted authority and
illustrate his incorrigible despiciency for an attorney’s duty
to society. Verily, respondent has proven himself unworthy
of the trust and confidence reposed in him by law and by

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this Court, through his deliberate rejection of his oath as

an officer of the court.
WHEREFORE, respondent Felipe C. Navarro is hereby
DISBARRED and his name is ordered STRICKEN from the
Roll of Attorneys. Let a copy of this resolution be furnished
to the Bar Confidant and the Integrated Bar of the
Philippines and spread on the personal records of
respondent. This resolution is immediately executory.

     Narvasa, Melencio-Herrera, Cruz, Paras, Feliciano,

Bidin, Sarmiento, Cortés, Griño-Aquino, Medialdea and
Regalado, JJ., concur.
          Fernan, C.J., No part, related to counsel for
complainants.
          Gutierrez, Jr., J., No part because of prior
participation in the OSG.
     Padilla, J., No part, in view of financial interest in
Ortigas & Co. Ltd. Partnership.
     Gancayco, J., On leave.

Respondent disbarred.

Note.—As officers of the Court, lawyer have a

responsibility to assist in the proper administration of
justice. (Banogon vs. Zerna, 154 SCRA 593.)

———o0o———

273

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