Heirs of Kionisala v.

Heirs of Dacut
Doctrine: Action for declaration of nullity of free patent and certificate of title; real
party in interest

Facts: In 1990 Lots No. 1017 & 1015 was granted a free patent to Heirs of Kionisala. In
1995, private respondents filed a complaint for declaration of nullity of titles,
reconveyance and damages against petitioners in RTC of Bukidnon involving the
parcels of land. They alleged that defendants fraudulently applied for patent the parcels
of land. As such, certificates of titles had been issued to them and the patents issued to
defendants are null and void. Petitioners raised the affirmative defense that it is only the
Director of Lands (now DENR) through the OSG, who has the authority to file
annulment of Free Patent or Homestead Patent issued by the Director of Lands or
DENR and that the complaint does not state a cause of action. As such, RTC dismissed
the case. CA reversed it on the ground that in an action for reconveyance, what is
sought is the transfer of the property which has been wrongfully or erroneously
registered in another person’s name, to its rightful and legal owner or to one with a
better right. Hence this petition for review.

Issue: WON the complaint states a cause of action for declaration of nullity of the free
patents and certificates of title for the Lots.

Held: Although the complaint does not allege an action for reversion which the Dacut’s
would obviously have no right to initiate, it sufficiently states either a cause of action for
declaration of nullity of free patents and certificates of title or alternatively a cause of
action for reconveyance of these two pieces of realty, wherein in either case the Dacut’s
are the real parties in interest.

An ordinary civil action for declaration of nullity of free patents and certificates of
title is not the same as an action for reversion. In an action for reversion, the pertinent
allegations in the complaint would admit State ownership of the disputed land and that
the only person or entity entitled to relief would be the Director of Lands. On the other
hand, a cause of action for declaration of nullity of free patent and certificate of title
would require allegations of the plaintiff’s ownership of the contested lot prior to the
issuance of such free patent and certificate of title as well as the defendant’s fraud or
mistake; as the case may be, in successfully obtaining these documents of title over the
parcel of land claimed by plaintiff. In such a case, the nullity arises strictly not from the
fraud or deceit but from the fact that the land is beyond the jurisdiction of the Bureau of
Lands to bestow and whatever patent or certificate of title obtained therefor is
consequently void ab initio. The real party in interest is not the State but the plaintiff who
alleges a pre-existing right of ownership over the parcel of land in question even before
the grant of title to the defendant.