land titles case doctrines

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  • 7/31/2019 Land Titles Case Doctrines

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    1. AVILA vs. TAPUCAR

    - Registration does not vest title. It is not a mode of

    acquiring ownership but is merely evidence of such

    title over a particular property. It does not give the

    holder any better right that what he actually has,

    especially if the registration was done in bad faith.

    The effect is that it is as if no registration was made

    at all.

    2. REPUBLIC vs. LEE

    - No public land can be acquired by private persons

    without any grant, express or implied from

    government.

    - In land registration cases, the burden of proof is

    upon the applicant to show that he is the real and

    absolute owner in fee simple.

    -The bare statement of the applicant that the land

    applied for has been in the possession of her

    predecessors-in-interest for more than 20 years,

    does not constitute the well-nigh controvertible

    and conclusive evidence required in land

    registration.

    3. CACHO vs. CA

    - A land registration proceeding is in rem and,

    therefore, the decree of registration is binding and

    conclusive against all persons including the

    government and its branches.

    - A decree of registration that has become final shall

    be deemed conclusive not only on the questions

    actually contested and determined but also upon all

    matters that might be litigated or decided in land

    registration proceedings.

    - As a proceeding in rem, the decree of registration

    issued in land registration cases is binding upon and

    conclusive against the entire world.

    4. DIRECTOR OF LANDS vs. CA

    - Land registration proceedings are actions in rem. It

    is not necessary to give personal notice to the

    owners or claimants of the land sought to be

    registered, to vest the court with the authority over

    the res. Instead, it is the publication of notice of the

    application for registration which serves to apprise

    the whole world that such petition has been filed

    and whosoever is minded to oppose it, may do so

    within 30 days before the date set by the court for

    hearing the petition.

    - It is the publication of such notice that brings in th

    whole world as a party and vests the court with

    jurisdiction to hear the case.

    -In this case, the petitioner did not oppose theinstitution of land registration proceedings despite

    notice of publication.

    - Failure to oppose the same at its institution,

    petitioner is now stopped to contest the validity o

    the decree.

    5. CHING vs. CA

    - The landowner whose property has been

    wrongfully registered in anothers name, after the

    one year period, could not ask for the court to set

    aside the decree, but he could bring an ordinary

    action for damages if, as in this case, the property

    has passed unto the hands of innocent purchasers

    for value.

    6. HEIRS OF TEODORO de la CRUZ vs. CA

    - Laches sets in if would take 18 years for a person

    file an action to annul the land registration

    proceedings, especially so if the registrant has

    already subdivided the land and sold the same to

    innocent third parties. A partys long inactionor

    passivity in asserting his rights over disputed

    property precludes him from recovering the same

    7. SALAO vs. CRISOSTOMO

    - However, where a private individual opposing an

    application for registration alleges while the land

    sought to be registered was part of the public

    domain for which he had a sales application

    approved by the Bureau of Lands and was in actupossession thereof by authority of said Bureau, it

    was held that such an opposition cannot be

    dismissed inasmuch as it is predicated upon actua

    possession which constitutes sufficient interest to

    make the oppositor an adverse claimant within the

    meaning of Sec. 34 of Act No. 496.

    8. AVERIA vs. CAGUIAO

  • 7/31/2019 Land Titles Case Doctrines

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    - Sec. 2 of the Property Registration Decree (P.D No.

    1529) has eliminated the distinction between the

    general jurisdiction vested in the RTC and the

    limited jurisdiction conferred upon it by the former

    law (Act 496) when acting merely as a cadastral

    court.

    - Aimed at avoiding multiplicity of suits, the change

    has simplified registration proceedings by

    conferring upon the RTCs the authority to act not

    only on original applications but also those filed

    after original registration, with power to hear anddetermine all questions arising upon such

    applications or petitions.