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Despite agreeing with petitioners that there was no forum shopping, litis pendentia or res judicata in the filing of Civil Case No.
98-021, the Court of Appeals, asserting that it has the discretion to review matters not otherwise assigned as errors on appeal if it finds that their consideration is necessary at arriving at a complete and just resolution of the case, THE HONORABLE COURT OF APPEALS COMMITTED GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR IN EXCESS OF JURISDICTION WHEN IT APPLIED PRESCRIPTION IN THE PRESENT PETITION, AFTER ALL, WHEN SHE DID NOT APPEAL THE DECISION OF THE HONORABLE REGIONAL TRIAL COURT DISMISSING THE COMPLAINT ON THE SOLE GROUND OF RES JUDICATA, PRIVATE RESPONDENT IS DEEMED TO HAVE ALREADY WAIVED THE DEFENSE OF PRESCRIPTION.
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THE HONORABLE COURT OF APPEALS COMMITTED GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR IN EXCESS OF JURISDICTION IN DISMISSING THE COMPLAINT ON THE GROUND OF PRESCRIPTION, THE PRESENT ACTION, ALTHOUGH CAPTIONED FOR CANCELLATION OF TRANSFER CERTIFICATE OF TITLE NO.
P-18,208 of the Register of Deeds of Zamboanga del Sur.
Although the municipalitys claim of ownership is based on the entry in the Ordinary Decree Book, LRC (CLR) Rec. 6763, being a public document, the Ordinary Decree Book is prima facie proof of the entries appearing therein. 4244 was issued on March 3, 1911, is presumed to have been regularly issued by the accountable public officers who enjoy the legal presumption of regularity in the performance of their functions.
4244 issued in favor of the respondent municipality in 1911 has become indefeasible; as such, petitioner is now barred from claiming the subject land. 4244 was issued on March 3, 1911 and that Lot I Plan II-2719 was one of the six parcels of land previously applied for registration by the Municipality of Cabuyao in LRC (GLRO) Record No.
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4244 was issued in favor of the Municipality of Cabuyao on March 3, 1911 over the Lot 1, Plan II-2719-A; (b) Certification issued by Mr.