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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
August-1958 Jurisprudence                 

  • G.R. No. L-10791 August 18, 1958 - ELENA SOTTO VDA. DE MARALAG, ET AL. v. GOVERNMENT SERVICE INSURANCE SYSTEM

    104 Phil 288

  • G.R. No. L-11945 August 18, 1958 - REYNALDO GOMEZ v. NORTH CAMARINES LUMBER COMPANY

    104 Phil 294

  • G.R. No. L-12662 August 18, 1958 - CHUA LAO, ETC., ET AL. v. CIPRIANO A. RAYMUNDO, ET AL.

    104 Phil 302

  • G.R. No. L-7047 August 21, 1958 - RAYMOND TOMASSI v. FERNANDO VILLA-ABRILLE

    104 Phil 310

  • G.R. No. L-11238 August 21, 1958 - ST. STEPHEN’S ASSOCIATION, ET AL. v. COLLECTOR OF INTERNAL REVENUE

    104 Phil 314

  • G.R. No. L-11839 August 21, 1958 - MANUEL MASIGLAT v. CITY MAYOR OF PASAY CITY

    104 Phil 319

  • G.R. No. L-10303 August 22, 1958 - LUCIO JAVILLONAR v. LAND TENURE ADMINISTRATION

    104 Phil 323

  • G.R. No. L-11063 August 22, 1958 - PEOPLE OF THE PHIL. v. SANTIAGO BRIZ

    104 Phil 329

  • G.R. No. L-12376 August 22, 1958 - JOE’S RADIO & ELECTRICAL SUPPLY v. ALTO ELECTRONICS CORP., ET AL.

    104 Phil 333

  • G.R. No. L-12631 August 22, 1958 - RAFAEL I. AMURAO v. INDALECIO CALANGI, ET AL.

    104 Phil 347

  • G.R. No. L-11004 August 25, 1958 - PEOPLE OF THE PHIL. v. PACIFICO GARDON

    104 Phil 371

  • G.R. No. L-12084 August 25, 1958 - PEDRO SAMSON, ET AL. v. NICASIO YATCO

    104 Phil 378

  • G.R. No. L-12544 August 20, 1958 - CHARLIE BROWN v. CONSTANCIO S. SUEZO

    104 Phil 388

  • G.R. No. L-12247 August 26, 1958 - BEATRIZ RAMOS VDA. BAGATUA, ET AL. v. PEDRO A. REVILLA, ET AL.

    104 Phil 392

  • G.R. No. L-7664 August 29, 1958 - AMADOR C. ONG v. METROPOLITAN WATER DISTRICT

    104 Phil 397

  • G.R. No. L-10222 August 29, 1958 - CIRILO DIZON, ET AL. v. ISABEL BANUES

    104 Phil 407

  • G.R. No. L-10445 August 29, 1958 - PEOPLE OF THE PHIL. v. VICTORIANO ALFILER

    104 Phil 410

  • G.R. No. L-10525 August 29, 1958 - ALIPIO N. CASILAN, ET AL. v. SANTIAGO GANCAYCO

    104 Phil 418

  • G.R. No. L-10617 August 29, 1958 - PEOPLE OF THE PHIL. v. CRESCENCIO A. VERGEL

    104 Phil 425

  • G.R. No. L-10859 August 29, 1958 - FLAVIANO BAUTISTA v. AUDITOR GENERAL, ET AL.

    104 Phil 428

  • G.R. No. L-10867 August 29, 1958 - MANOLO L. MADDELA v. JUAN P. AQUINO

    104 Phil 433

  • G.R. No. L-11862 August 29, 1958 - PHILIPPINE NATIONAL BANK v. HERMOGENES MALLARI, ET AL.

    104 Phil 437

  • G.R. No. L-12172 August 29, 1958 - PEOPLE OF THE PHIL. v. JUAN F. FAJARDO

    104 Phil 443

  • G.R. No. L-9529 August 30, 1958 - PEOPLE OF THE PHIL. v. PEDRO T. VILLANUEVA

    104 Phil 450

  • G.R. No. L-10122 August 30, 1958 - LEE E. WON v. WACK WACK GOLF & COUNTRY CLUB

    104 Phil 466

  • G.R. No. L-10155 August 30, 1958 - WONG & LEE v. COLLECTOR OF INTERNAL REVENUE, ET AL.

    104 Phil 469

  • G.R. No. L-10665 August 30, 1958 - LORETO AGUIRRE, ET AL. v. MANUEL B. ATIENZA, ET AL.

    104 Phil 477

  • G.R. No. L-11336 August 30, 1958 - RODOLFO GANZON v. UNION C. KAYANAN

    104 Phil 483

  • G.R. No. L-11776 August 30, 1958 - RAMON GONZALES v. GO TIONG and LUZON SURETY CO.

    104 Phil 492

  • G.R. No. L-12000 August 30, 1958 - BENGUET CONSOLIDATED MINING CO. v. COTO LABOR UNION, ET AL.

    104 Phil 500

  • G.R. No. L-12034 August 30, 1958 - PATRICIO PABORES v. COMMISSIONER OF WCC

    104 Phil 505

  • G.R. No. L-12190 August 30, 1958 - FAUSTO E. GAN v. ILDEFONSO YAP

    104 Phil 509

  • G.R. No. L-12324 August 30, 1958 - TAN LIM TE v. WORKMEN’S COMPENSATION COMMISSIONER, ET AL.

    104 Phil 522

  •  





     
     

    G.R. No. L-10222   August 29, 1958 - CIRILO DIZON, ET AL. v. ISABEL BANUES<br /><br />104 Phil 407

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. L-10222. August 29, 1958.]

    CIRILO DIZON and BALTAZARA DIZON, Plaintiffs-Appellants, v. ISABEL BANUES, Defendant-Appellee.

    Dominguez Law Offices for Appellants.

    Cabral & Crisostomo for Appellee.


    SYLLABUS


    1. LAND TITLES; CONFIRMATION OF; DECREE CONFIRMING TITLE CONCLUSIVE ON ALL MATTERS; REOPENING OF DECREE AFTER LAPSE OF ONE YEAR. — Appellee instituted proceedings in the land registration court to have her title to the parcel of land adjudicated to her by the probate court pursuant to the partition agreement entered into between the parties confirmed under the provisions of Act No. 496. Appellants objected to her petition. After hearing, the court confirmed appellee’s title to the land and decreed its registration in her name. Appellants did not appeal. Subsequently, they instituted the present action in the Court of First Instance to declare the partition agreement null and void. The court dismissed the complaint. Hence, this appeal. Held: The legality and validity of the partition agreement should have been assailed in the land registration proceedings by the appellants. This they failed to do. And when the land registration court entered a decree confirming the appellee’s title to the parcel of land applied for and directing its registration in her name, the decree thus entered was conclusive not only on the questions actually contested and determined, but upon all matters that might have been litigated and decided in the land registration proceedings. The appellants did not appeal from the decree entered by the court in the land registration proceedings allowing it to become final. To permit them to question the legality and validity of the partition agreement and to secure a declaration of its nullity in this action, if successful, would result in this setting aside of the decree of registration in favor of the appellee, which cannot be reopened after the lapse of one year from the entry thereof.


    D E C I S I O N


    PADILLA, J.:


    In his lifetime, Catalino Dizon executed a will instituting as heirs the plaintiffs, his brother Cirilo and sister Baltazara, and the defendant Isabel Banues. After his death, the defendant presented the will to the probate court and prayed for its allowance (special case No. [91] 75-R). The plaintiffs engaged the services of the law firm of Castillo, Cervantes & Occeña to object to its allowance. On 2 November 1946, the attorneys for both parties in the probate proceedings entered into a "convenio y proyecto de particion" dividing the estate of the deceased into two and adjudicating one-half thereof (Lot No. 1) to the defendant and the other half (Lot No. 2) to the plaintiffs, and submitted it to the probate court for approval. On 18 November 1946 the probate court issued an order approving the "convenio y proyecto de particion," and dividing and adjudicating the estate to the parties in accordance with the agreement, the petition for the probate of the will having been withdrawn by the defendant who prayed that it be considered as one for the administration and settlement of the estate of the deceased. On 5 June 1948 the defendant commenced proceedings in the land registration court to have her title to the parcel of land adjudicated to her confirmed under the provisions of Act No. 496 (case No. 8, G.L.R.O. Record No. 1580). The plaintiffs objected to her petition. After hearing, on 26 March 1951 the land registration court confirmed the defendant’s title to the parcel of land and decreed its registration in her name. The plaintiffs did not appeal.

    On 18 September 1953, the plaintiffs instituted this action in the Court of First Instance of Davao (civil No. 1143), claiming that the "convenio y proyecto de particion" had been entered into by their attorneys without their expressed authority; and that it was only sometime in October 1950 when they were cited to appear by the court in the land registration proceedings commenced by the defendant that they came to know of the agreement entered into by their lawyers. They prayed that the Court declare the said "convenio y proyecto de particion" null and void. The defendant moved to dismiss the complaint on the ground —

    I. That the plaintiffs have no legal capacity to sue through their alleged attorney-in-fact Constantino Sabandal;

    II. That the cause of action is barred by a prior judgment;

    III. That the cause of action is barred by the Statute of Limitation; and

    IV. That the complaint states no cause of action.

    After hearing, the Court dismissed the complaint with costs against the plaintiffs. The latter have appealed.

    It appears that the appellants objected to the appellee’s application under the provisions of Act No. 496 for the registration of ths parcel of land adjudicated to her by the probate court, pursuant to the "convenio y proyecto de particion" entered into in their behalf by their respective counsel. The legality and validity of the "convenio y proyecto de particion" should have been assailed in the land registration proceedings by the appellants. This they failed to do. And when the land registration court entered a decree confirming the appellee’s title to the parcel of land applied for and directing its registration in her name, the decree thus entered was conclusive not only on the questions actually contested and determined, but upon all matters that might have been litigated and decided in the land registration proceedings. The appellants did not appeal from the decree entered by the court in the land registration proceedings allowing it to become final. To permit them to question the legality and validity of the "convenio y proyecto de particion" and to secure a declaration of its nullity in this action, if successful, would result in the setting aside of the decree of registration in favor of the appellee, which cannot be reopened after the lapse of one year from the entry thereof.

    The order appealed from dismissing the complaint is affirmed, with costs against the appellants.

    Paras, C.J., Bengzon, Montemayor, Reyes, A., Bautista Angelo, Concepcion, Reyes, J.B.L., Endencia and Felix, JJ., concur.

    G.R. No. L-10222   August 29, 1958 - CIRILO DIZON, ET AL. v. ISABEL BANUES<br /><br />104 Phil 407


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