land titles case doctrines
TRANSCRIPT
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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
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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.