SUPREME COURT DECISIONS

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Endnotes:

1 Rollo, p. 25.

2 Lee v. Presiding Judge, MTC of Legaspi City, Br. 1, G.R. No. L-68789, 145 SCRA 408, 416 (1986); Laquian v. Baltazar, G.R. No. L-27514, 31 SCRA 552, 556-57 (1970); Alimajen v. Valera, et al., G.R. No. L-13722, 107 Phil. 244, 245 (1960); Lumpay, et al. v. Hon. Moscoso, G.R. No. L-14723, 105 Phil. 968, 973 (1959); Braca v. Tan, G.R. No. L-3053, 84 Phil. 582, 585 (1949).

3 Director of Lands v. Court of Appeals, G.R. No. 102858, 276 SCRA 276, 284 (1997).

4 Cacho v. Court of Appeals, G.R. No. 123361, 269 SCRA 159, 169 (1997).

5 SEC. 38. If the court after hearing finds that the applicant or adverse claimant has title as stated in his application or adverse claim and proper for registration, a decree of confirmation and registration shall be entered. Every decree of registration shall bind the land, and quiet title thereto, subject only to the exceptions stated in the following section. It shall be conclusive upon and against all persons, including the Insular Government and all the branches thereof, whether mentioned by name in the application, notice, or citation, or included in the general description To all whom it may concern. Such decree 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 term of one year, every decree or certificate of title issued in accordance with this section shall be incontrovertible. If there is any such purchaser, the decree of registration shall not be opened, but shall remain in full force and effect forever, subject only to the right of appeal hereinbefore provided: Provided, however, That no decree or certificate of title issued to persons not parties to the appeal shall be cancelled or annulled. But any person aggrieved by such decree in any case may pursue his remedy by action for damages against the applicant or any other person for fraud in procuring the decree. Whenever the phrase innocent purchaser for value or an equivalent phrase occurs in this Act, it shall be deemed to include an innocent lessee, mortgagee, or other encumbrancer for value. (As amended by Sec. 3, Act No. 3621; and Sec. 1, Act No. 3630 and P.D. 1529, Sec. 39.)

6 Ching v. Court of Appeals, G.R. No. 59731, 181 SCRA 9, 17 (1990), citing Sy, Sr. v. Intermediate Appellate Court, G.R. No. L-66741, 162 SCRA 130, 144 (1988).

7 Lim Tay v. Court of Appeals, G.R. No. 126891, 293 SCRA 634, 659 (1998).

8 Philippine Bank of Communications v. Court of Appeals, G.R. No. 109803, 289 SCRA 178, 186 (1998).

9 Pantranco North Express, Inc. v. Court of Appeals, G.R. No. 105180, 224 SCRA 477, 491 (1993); Gulang v. Nadayag, G.R. No. 82630, 214 SCRA 355, 362 (1992); Aquino v. Court of Appeals, G.R. No. 91896, 204 SCRA 240, 247 (1991); Baaga v. Commission on the Settlement of Land Problems, G.R. No. 66386, 181 SCRA 599, 609 (1990); Tejones v. Gironella, G.R. No. L-35506, 159 SCRA 100, 104 (1988); Balais v. Balais, G.R. No. L-33924, 159 SCRA 37, 45 (1988); Capilitan v. de la Cruz, G.R. Nos. L-29536-37, 55 SCRA 706, 712 (1974); Tijam v. Sibonghanoy, G.R. No. L-21450, 23 SCRA 29, 35 (1968).

10 MWSS v. Court of Appeals, G.R. No. 126000, 297 SCRA 287, 306 (1998).

11 In Chung Ka Bio v. Intermediate Appellate Court, G.R. No. L-71837, 163 SCRA 534, 540 (1988), the Court considered barred by laches 4 years; in PNB v. Court of Appeals, G.R. No. 97995, 217 SCRA 347, 357 (1993) 7 years; in Vda. de Alberto v. Court of Appeals, G.R. No. 29759, 173 SCRA 436, 447 (1989) 11 years; in De la Calzado-Cierras v. Court of Appeals, G.R. No. 95431, 212 SCRA 390, 396 (1992) 12 years; in Gabriel v. Court of Appeals, G.R. No. 26348, 159 SCRA 461, 470 (1988), in Caragay-Layno v. Court of Appeals, G.R. No. L-52064, 133 SCRA 718, 723 (1984) 20 years.

12 Heirs of Teodoro Dela Cruz v. Court of Appeals, G.R. No. 117324, 298 SCRA 172, 181 (1998).

13 Salandanan v. Court of Appeals, G.R. No. 127783, 290 SCRA 671, 679 (1998).




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