Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1991 > November 1991 Decisions > G.R. No. 91729 November 19, 1991 - MERCEDES ANICETA GARCIA, ET AL. v. DOMINADOR G. MENDOZA:




PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. 91729. November 19, 1991.]

MERCEDES ANICETA GARCIA, SPOUSES DULCESIMO ROSARIO AND VIOLETA REYES, AND ERLINDA O. ROSARIO, Petitioners-Appellants, v. DOMINADOR G. MENDOZA, adjudicatee-appellee.

Abelardo P. Fermin, for Petitioners.

Arcinas Law Office for Appellee.


SYLLABUS


1. CIVIL LAW; LAND REGISTRATION ACT (C.A. 496); PROVISIONS THEREIN, APPLICABLE TO CADASTRAL PROCEEDINGS. — Sec. 11 Act 2259 clearly states that except as otherwise provided by the Cadastral Act, all the provisions of the Land Registration Act are applicable to cadastral proceedings as well as to the decrees and certificates of title granted and issued under the Cadastral Act.


D E C I S I O N


MEDIALDEA, J.:


This case was certified to Us on the issue of whether the remedy of petition for review of judgment exists or is warranted by Act No. 2259 (Cadastral Act).

Petitioner Mercedes A. Garcia claims that she and her husband, Cirilo Mendoza, had purchased Lot No. 32080 located in San Carlos City, Pangasinan on April 24, 1938. They subsequently sold it under a Pacto de Retro sale to co-petitioners Sps. Dulcesimo Rosario and Violeta Reyes and Erlinda O. Rosario (Petitioners), who then took possession of said lot.

On February 23, 1988, the cadastral court (RTC, Br. 57, San Carlos City) issued a decision adjudicating Lot No. 32080 in favor of Dominador G. Mendoza (hereafter, Mendoza), their son.

Petitioner Garcia claims that there was actual fraud because Mendoza falsely claimed that his father, Cirilo Mendoza, inherited the property from Hermenegildo Mendoza (Cirilo’s alleged father); that Mendoza made it appear that Lot 32080 was an exclusive property of Cirilo Mendoza, who had been in possession of the lot since October 15, 1987, and subsequently, donated the same to his son, Mendoza.

On September 2, 1988, the petitioners filed with the court a petition for review of judgment. This was denied in an Order dated December 6, 1988.chanroblesvirtualawlibrary

Petitioners appealed. Mendoza countered that a petition for relief from judgment under Sec. 38, Act No. 496, does not apply to a cadastral proceeding. Moreover, Mendoza alleged that he had filed his claim over Lot No. 32080 in 1987 (Cadastral Case No. 61, LRC/GLRO, Record No. 1438, before Branch 57, RTC, San Carlos City); that he had gone through the cadastral proceedings, the corresponding notices had been sent to the Director of Lands, Manila, the Register of Deeds, the claimants and their counsel as well as other interested parties.

There being no opposition to Mendoza’s petition, oral or written, the Judge directed the Clerk of Court to receive the evidence ex-parte. Thereafter, the lot was adjudicated to Mendoza.

Certified to Us, the sole issue to be resolved is whether petitioners may file a petition for review for relief from judgment in a cadastral proceeding, pursuant to Act No. 2259, Sec. 11, in relation to Sec. 38 of Act No. 496, Land Registration Act.

Sec. 11, Act 2259, provides:jgc:chanrobles.com.ph

"SECTION 11. The trial of the case . . . shall be conducted in the same manner as ordinary trials and proceedings in the Court of Land Registration, and shall be governed by the same rules. Orders of default and confession shall also be entered in the same manner as in ordinary cases in the same court and shall have the same effect. . . ." (Emphasis supplied) (p. 32, Rollo)

Sec. 38, Act No. 496, partly provides:jgc:chanrobles.com.ph

". . . Such decrees shall not be opened by reason of the absence, infancy, or other disability of any person affected thereby, nor by any proceeding in any court for reversing judgments or decrees, subject, however, to the right of any person deprived of land or of any estate or interest therein by decree of registration obtained by fraud to file in the competent Court of First Instance a petition for review within one year after entry of the decree, provided no innocent purchaser for value has acquired an interest. Upon the expiration of said is in of one year, every decree of certificate of title issued in accordance with this section shall be incontrovertible. . . . ."cralaw virtua1aw library

We agree with the petitioners. Sec. 11, Act 2259 clearly states that except as otherwise provided by the Cadastral Act, all the provision of the Land Registration Act are applicable to cadastral proceedings as well as to the decree and certificates of title granted and issued under the Cadastral Act.chanrobles virtual lawlibrary

In the case of Tangco v. Vianzon, 50 Phil. 1009, We upheld the cancellation of the decree of registration and the issuance of a new decree and certificate of title to, and registration of lots in petitioner’s name pursuant to a petition for review filed within one year after the entry of the decree, and where after trial fraud was established. The provision of Sec. 38 of the Land Registration case (Act No. 496) was applied to the cadastral case.

ACCORDINGLY, the order dated December 6,1988 denying the petition for relief from judgment is SET ASIDE. The case is hereby REMANDED to the Regional Trial Court-Pangasinan (then acting as a cadastral court), Branch 57, San Carlos City for reception of evidence. No costs.chanrobles.com : virtual law library

SO ORDERED.

Narvasa, Cruz, Feliciano and Griño-Aquino, JJ., concur.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






November-1991 Jurisprudence                 

  • G.R. No. 32982 November 5, 1991 - CONRADO A. ZARAGOSA v. WORKMEN’S COMPENSATION COMMISSION, ET AL.

  • G.R. No. 90667 November 5, 1991 - REPUBLIC OF THE PHIL. v. SANDIGANBAYAN, ET AL.

  • Adm.Matter No. RTJ-90-446 November 7, 1991 - OFFICE OF THE COURT ADMINISTRATOR v. JOSE T. BARTOLOME

  • G.R. No. 75968 November 7, 1991 - ANTONIO BENOLIRAO v. COURT OF APPEALS, ET AL.

  • G.R. No. 75028 November 8, 1991 - PEOPLE OF THE PHIL. v. PIOQUINTO C. DE JOYA

  • G.R. No. 78853 November 8, 1991 - PEOPLE OF THE PHIL. v. ROEL PUNZALAN, ET AL.

  • G.R. No. 86784 November 8, 1991 - PEOPLE OF THE PHIL. v. EDUARDO CAVITE, ET AL.

  • G.R. No. 93252 November 8, 1991 - RODOLFO T. GANZON v. COURT OF APPEALS, ET AL.

  • G.R. No. 45107 November 11, 1991 - BENEDICTO RAMOS v. ELVIRO L. PERALTA, ET AL.

  • G.R. No. 52740 November 12, 1991 - SPS. EUSEBIO ABRIN, ET AL. v. VICENTE R. CAMPOS, ET AL.

  • G.R. No. 87590 November 12, 1991 - PURIFICATION R. QUIZON v. EMPLOYEES’ COMPENSATION COMM., ET AL.

  • G.R. No. 50433 November 13, 1991 - PEOPLE OF THE PHIL. v. CIPRIANO BARBA

  • G.R. No. 55346 November 13, 1991 - PEOPLE OF THE PHIL. v. JESUS SALDIVIA

  • G.R. No. 58281 November 13, 1991 - DIONISIO GOMEZ, ET AL. v. MARCELO GEALONE, ET AL.

  • G.R. No. 60887 November 13, 1991 - PERLA COMPANIA DE SEGUROS, INC. v. JOSE R. RAMOLETE, ET AL.

  • G.R. No. 72275 November 13, 1991 - PACIFIC BANKING CORPORATION v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. 86738 November 13, 1991 - NESTLE PHILIPPINES, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 92541 November 13, 1991 - MA. CARMEN G. AQUINO-SARMIENTO v. MANUEL L. MORATO, ET AL.

  • G.R. Nos. 96094-95 November 13, 1991 - PEOPLE OF THE PHIL. v. JESSIE MAYORAL

  • G.R. No. 101041 November 13, 1991 - JUDGE ADRIANO R. VILLAMOR v. BERNARDO LL. SALAS, ET AL.

  • G.R. No. 58879 November 14, 1991 - EXPEDITA LIBREA v. EMPLOYEES’ COMPENSATION COMM., ET AL.

  • G.R. No. 62359 November 14, 1991 - PEOPLE OF THE PHIL. v. RODOLFO BRAGAES, ET AL.

  • G.R. No. 73992 November 14, 1991 - ERNESTO MABAYLAN v. NATIONAL LABOR RELATIONS COMM., ET AL.

  • G.R. Nos. 93847-48 November 14, 1991 - PEOPLE OF THE PHIL. v. ALBERTO TORREVILLAS

  • G.R. No. 75420 November 15, 1991 - KABUSHI KAISHA ISETAN v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. 94716 November 15, 1991 - ASSOCIATION OF COURT OF APPEALS EMPLOYEES v. PURA FERRER-CALLEJA, ET AL.

  • G.R. No. 27923 November 18, 1991 - MARCELA N. GONZALES v. GUMERSINDO ARCILLA, ET AL.

  • G.R. No. 37404 November 18, 1991 - EDUARDO COJUANGCO, JR. v. COURT OF APPEALS, ET AL.

  • G.R. No. 57256 November 18, 1991 - RODOLFO B. INALDO, ET AL. v. CECILIO F. BALAGOT, ET AL.

  • G.R. Nos. 64129-31 November 18, 1991 - FERMINA RAMOS v. COURT OF APPEALS, ET AL.

  • G.R. No. 95850 November 18, 1991 - PEOPLE OF THE PHIL. v. RENEE PAROJINOG, ET AL.

  • G.R. No. 101844 November 18, 1991 - PEOPLE OF THE PHIL. v. BENEDICTO CRUZ

  • G.R. No. 79496 November 19, 1991 - SOLID ENGINEERING & MACHINE WORKS v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 85771 November 19, 1991 - PEOPLE OF THE PHIL. v. BAYANI DE LOS REYES

  • G.R. No. 91729 November 19, 1991 - MERCEDES ANICETA GARCIA, ET AL. v. DOMINADOR G. MENDOZA

  • G.R. No. 94787 November 19, 1991 - PEOPLE OF THE PHIL. v. RICARDO URQUIA, JR., ET AL.

  • G.R. No. 96602 November 19, 1991 - EDUARDO ARROYO, JR. v. COURT OF APPEALS, ET AL.

  • G.R. No. 97793 November 19, 1991 - STRONGHOLD INSURANCE CO., INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 89914 November 20, 1991 - JOSE F.S. BENGZON JR., ET AL. v. SENATE BLUE RIBBON COMMITTEE, ET AL.

  • G.R. No. 39120 November 21, 1991 - APOLONIO MADRONA, SR. v. AVELINO S. ROSAL

  • G.R. No. 39519 November 21, 1991 - PEOPLE OF THE PHIL. v. DANIEL PINTO, JR.

  • G.R. No. 45037 November 21, 1991 - PEOPLE VS. CASTRO-BARTOLOME

  • G.R. No. 49576 November 21, 1991 - JOSEFINA B. CENAS v. ANTONIO P. SANTOS

  • G.R. No. 53476 November 21, 1991 - G & P COMPANY v. COURT OF APPEALS

  • G.R. No. 54135 November 21, 1991 - PEOPLE OF THE PHIL. v. POLICARPIO RAFANAN, JR.

  • G.R. No. 60388 November 21, 1991 - PEOPLE OF THE PHIL. v. BERTITO BACUS

  • G.R. No. 65021 November 21, 1991 - BENGUET CORP. v. OSCAR L. LEVISTE

  • G.R. No. 66497 November 21, 1991 - JUANITO GONZALES v. INTERMEDIATE APPELLATE COURT

  • G.R. No. 71145 November 21, 1991 - PEOPLE OF THE PHIL. v. ARSENIO M. CAPONPON

  • G.R. No. 72990 November 21, 1991 - PEOPLE OF THE PHIL. v. MANUEL BADEO

  • G.R. No. 73747 November 21, 1991 - PEOPLE OF THE PHIL. v. DENNIS SONG

  • G.R. No. 75111 November 21, 1991 - MARGARITO ALMENDRA v. INTERMEDIATE APPELLATE COURT

  • G.R. No. 82789 November 21, 1991 - NARCISO KHO v. MANUEL CAMACHO

  • G.R. No. 84272 November 21, 1991 - BACOLOD-MURCIA MILLING CO. v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. 84966 November 21, 1991 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS

  • G.R. No. 86785 November 21, 1991 - COMMISSIONER OF INTERNAL REVENUE v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 88381-82 November 21, 1991 - PEOPLE OF THE PHIL. v. GIL E. TAPONG

  • G.R. No. 88555 November 21, 1991 - EDUARDO N. ASWAT v. ALEJANDRO GALIDO

  • G.R. No. 90478 November 21, 1991 - REPUBLIC OF THE PHIL. v. SANDIGANBAYAN

  • G.R. No. 91013 November 21, 1991 - PEOPLE OF THE PHIL. v. EDUARDO TIAD

  • G.R. No. 91896 November 21, 1991 - AURORA T. AQUINO v. COURT OF APPEALS

  • G.R. Nos. 93310-12 November 21, 1991 - UNIVERSITY OF THE EAST v. SEC. OF LABOR AND EMPLOYMENT

  • G.R. No. 93732 November 21, 1991 - PEOPLE OF THE PHIL. v. RAMON CARSON

  • G.R. No. 94050 November 21, 1991 - SYLVIA H. BEDIA v. EMILY A. WHITE

  • G.R. No. 94642 November 21, 1991 - PEOPLE OF THE PHIL. v. EDGARDO C. ATILANO

  • G.R. No. 96397 November 21, 1991 - PEOPLE OF THE PHIL. v. MELENCIO "BAROC" MENDOZA

  • G.R. No. 63025 November 29, 1991 - RAMON C. ONG v. COURT OF APPEALS

  • G.R. No. 74697 November 29, 1991 - LINO ALABANZAS v. INTERMEDIATE APPELLATE COURT

  • G.R. No. 85714 November 29, 1991 - HYDRO RESOURCES CONTRACTORS CORP. v. COURT ON APPEALS

  • G.R. No. 89113 November 29, 1991 - PEOPLE OF THE PHIL. v. GENARO LARDIZABAL

  • G.R. No. 89362 November 29, 1991 - JOSE BARITUA v. SEC. OF THE DEPARTMENT OF LABOR AND EMPLOYMENT

  • G.R. No. 90627 November 29, 1991 - PEOPLE OF THE PHIL. v. RAMON R. LAO

  • G.R. No. 93262 November 29, 1991 - DAVAO LIGHT & POWER CO. v. COURT OF APPEALS

  • G.R. No. 96302 November 29, 1991 - AMBROCIO MUYCO v. COURT OF APPEALS

  • G.R. No. 100626 November 29, 1991 - CITY OF MANILA v. COURT OF APPEALS