REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF NEGROS OCCIDENTAL

6th Judicial Region
Branch 40, Silay City

INTESTATE ESTATE OF THE

LATE FLORENCIO V. LEGARDE, SPEC. PRO. NO. 408

ARTURO G. LEGARDE,
Administrator.
x------------------------------------------x
INTESTATE ESTATE OF THE
LATE MARIA G. LEGARDE, SPEC. PRO. NO. 429

ARTURO G. LEGARDE,
Administrator.
x------------------------------------------x

MOTION FOR CORRECTION

TO AMEND THE ORDER DATED JUNE 5, 1985
OF THE HON. REYNALDO M. ALON

The Judicial Administrator in the above-captioned Special

Proceedings for the settlement of the Intestate Estate of the late spouses
Florencio V. Legarde and Maria G. Legarde, represented herein by his duly
appointed attorney-in-fact, Ma. Cristina L. Golez, who is also joining in this
motion as the Judicial Administrator's only sister and co-heir, assisted by
their undersigned counsel, most respectfully states that:

1. The late Florencio V. Legarde dies last February 3, 1976 at Silay City,
while his late spouse Maria G. Legarde died last April 22, 1980. Both
spouses died instestate and are survived by their two children, namely,
herein movants: (1) Arturo G. Legarde and (2) Ma. Cristina L. Golez, who
are both of legal age and residents of the Silay City.

2. The respective intestate estates of the late spouses Florencio and

Maria Legarde were jointly heard and settled through Special Proceedings
No. 408 and 429, respectively, before this Honorable Court before the then
presiding judge, the Hon. Reynaldo M. Alon.

3. In the course of the settlement of the estates of the late spouses

Florencio and Maria Legarde, the Judicial Administrator submitted for
approval before this Honorable Court a Project of Partition dated May 27,
1985.

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4. Among the properties included in the project of partition is a portion
of Hda. Rosario II designated as Lot No. 2901 having an area of 9.3090
hectares, located at the City of Sagay, Negros Occidental, identified to be
covered by "TCT NO. T-0143", on page 2, Section A.2, item no. 3 of the
Project of Partition dated May 27, 1985, a copy of which is hereto attached
as Annex "A".

5. On June 5, 1985, the Honorable Court through retired Judge

Reynaldo M. Alon issued an Order approving the Project of Partition dated
May 27, 1985, the dispositive portion of which states:

"a) That Arturo G. Legarde and Ma. Cristina L. Golez, children

of the decedents are declared the legal heirs of the decedents spouses
Florencio V. Legarde and Maria G. Legarde;

b) that the inventory of the estate appearing on pages 1 and 2 of

this Order is hereby approved;

c) that the real and personal properties left by the decedents are
adjudicated to the two (2) heirs in accordance with the project of
partition appearing on pages 2, 3 and 4 of this Order;

d) that the corresponding Register of Deeds are directed to

make the necessary transfers of the titles covering all the real
properties of the decedents in accordance with the project of partition;

e) that the Land Transportation Commission is directed to

transfer the registration of all the motor vehicles mentioned to the two
heirs; amd

f) that these intestate estate proceedings for the settlement of

the estate of the late Florencio V. Legarde and Maria G. Legarde are
finally closed and terminated.

SO ORDERED."

A copy of the Order dated June 5, 1985 is hereto attached as Annex

"B".

6. Section A.2, item no. 3 on page 1 of the Order dated June 5, 1985
includes in the inventory of the estate Lot No. 2901, as follows:

"HDA. ROSARIO II

xxx

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 T-0143 2901 9.3090 has. Sagay, Neg. Occ."

7. Lot No. 2901 identified to be covered by "TCT NO. T-0143" was

thus included among the real properties adjudicated to herein movants as the
sole heirs of the late spouses Florencio and Maria Legarde.

7. However, upon doing a comparison with the titles and the properties
included in the Order dated June 5, 1985, it was discovered by movants
that Lot No. 2901 was actually covered by TCT NO. T-70143, and not TCT
NO. T-0143 with the number "7" having been been unintentionally and
incorrectly omitted from the transfer certificate of title number indicated in
the Project of Partition dated May 27, 1985 and approved in the Order
dated June 5, 1985.

8. Lot No. 2901 were among the properties compulsorily covered by the
Comprehensive Agrarian Reform Program of the government, causing the
cancellation of TCT NO. T-70143 and the issuance of a new title, TCT NO.
091-2017008612 in lieu thereof, with the Republic of the Philippines as the
registered owner of a portion having an area of 7.4467 HAS., and "Florencio
V. Legarde and Mary G. Legarde" as the registerd owner of a portion having
1.8623 HAS., or a total area of 9.3090 HAS.

9. The third paragraph of the first page of TCT NO. 091-2017008612

states that:

"This certificate is a transfer from TRANSFER CERTIFICATE

OF TITLE T-70143 (TOTALLY CANCELLED) by virtue hereof in so
far as the above-described land is concerned." (Emphasis supplied.)

A copy of TCT NO. 091-2017008612 is hereto attached as Annex "C".

10. Herein movants are now in the process of processing the payment of
the consideration due to them from the government for Lot No. 2901
through Land Bank of the Philippines, which requires that the correct title
number be reflected in the Order dated June 5, 1985 in order for the
payment due to herein movants can be released.

11. Movant respectfully manifests that error in stating the title number for
Lot No. 2901 as "T-0143" instead of "T-70143" is purely clerical and
typographical in nature. As such, it is an error which could be corrected
anytime even after the finality of judgment on application in the court where
it occurred.

12. It was held in the case of Rebuldea vs. IAC1 that:

1G.R. No. 70856, November 11, 1987.

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 "The court has inherent power to amend and control its process
and orders so as to make them conformable to law and justice, and
when it finds that the ends of justice would be better served, the court
may disregard technicalities and amend its order or process that has
not become final. And even if the decision has become final it is
already settled that clerical errors or mistakes or omissions plainly due
to inadvertence or negligence may be corrected or supplied after the
judgment has been entered. In the case at, bar it will be observed that
the trial court, as prayed for, corrected the dispositive portion as to the
designation of the parties therein to make it conform with the body of
the decision, which has not yet final. Such correction obviously made
to rectify clerical errors, which interchanged the mortgagors and the
mortgagee is beyond dispute within the power of the court in
accordance with established jurisprudence above-cited.

13. In the case of Ang Lin Chi vs. Castelo2, it was held that:

"Only clerical errors, or mistake or omission plainly due to

inadvertence or negligence may be corrected or supplied after the
judgment has been entered."

14. This doctrine was reiterated in the case of Feria vs. Leomo,3 where it
was held that:

"According to the order correcting the decision, the judge

committed glaring error in stating that the plaintiff, instead of
defendant, was entitled to damages. Respondent really intended to
award damages to defendant. It was therefore logical to change
"defendant" to "plaintiff in the dispositive portion of the decision as it
was a clerical error which could be corrected anytime even after the
finality of judgment."

15. Movants further respectfully manifest that no other party will be

prejudiced by the correction of the clerical error requested in the instant
motion considering that herein movants, Judicial Administrator and his
sister, are the only children and compulsory heirs of the late spouses
Florencio and Maria Legarde.

PRAYER

WHEREFORE, in light of the foregoing premises, to serve the

interests of law and justice, it is most respectfully prayed that the Honorable
court issue an order to amend the Order dated June 5, 1985, by correcting
Section A.2, item no. 3 on page 1 of the Order dated June 5, 1985 to read
2G.R. No. L-2514, March 31, 1949.
3A.M. No. MTJ-02-1447. February 9, 2004.

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as follows:

"HDA. ROSARIO II

xxx

T-70143 2901 9.3090 has. Sagay, Neg. Occ."

Other just and equitable reliefs are likewise prayed for.

MOST RESPECTFULLY SUBMITTED.

Bacolod City for Silay City, March 28, 2018.

MICHELLE VARCA GONZAGA

Collaborating Counsel
Roll No. 49584
MCLE V No. 0010987/10-8-2015
IBP No. 023990/1-10-2018/Bacolod City
PTR No. 7129677/January 5, 2018/Bacolod
2/F St. Therese Bldg.
Cor. Rizal Locsin Sts., Bacolod City

LINUS G. ABAQUIN
Collaborating Counsel
Roll No. 35122
MCLE __ No. ________________
IBP Lifetime No.03438
PTR No. _______________/______________/Bacolod
Room 11, Second Floor, Victorina Arcade, Rizal Street
Bacolod City, Philippines

Copy furnished:

THE REGISTRAR OF DEEDS

Registry of Deeds for the Province of Negros Occidental
Hall of Justice
Gatuslao Street, Bacolod City

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 NOTICE OF HEARING

The Clerk of Court

Regional Trial Court
Branch 45, Bacolod City

The Registrar of Deeds

Registry of Deeds for the Province of Negros Occidental
Hall of Justice
Gatuslao Street, Bacolod City

Greetings:

Please take notice that the undersigned counsel will submit the
foregoing motion for the consideration and approval of the Honorable Court
on Friday, April 6, 2018, at 8:30 a.m.

Bacolod City, March 28, 2018.

MICHELLE VARCA GONZAGA