Adviento V Alvarez

ADVIENTO V ALVAREZ
FACTS:
1. Miguel Alvarez, now represented by his heirs filed a complaint

against Lydia Gaya, Advientos predecessor-in-interest, alleging
that:
Alvarez was in continuous, exclusive and notorious
possession and occupation of land and its buildings
The land was originally surveyed and numbered by the
Cadastral Survey of Naga.
Gaya initiated the subdivision of the said lot without the
knowledge of Alvarez. Gaya willfully failed to notify Alvarez
of the cadastral proceeding as the lawful occupant and
owner.
Gaya committed fraud in the obtaining the OCT.
2. Lydia Gayas Answer:
Alvarez had no right of ownership.
She had been in peaceful and continuous possession as an
owner from 1936.
She acquired imperfect title to the land which was
confirmed on June 1966 by the Cadastaral Court. The case
was considered uncontested because she was the only
claimant.
CFI ordered registration of said property along with the
improvements in her and her husbands name resulting the
issuance of OCT. Thus her title has become indefeasible
and can no longer be reviewed.
3. Subsequently, petitioner Ceferino Adviento filed an Answer in
Intervention with Urgent Prayer for Issuance of Preliminary
Injunction alleging that he acquired controversial lot against the
interest of Alvarez. Adviento traced his title to Fidel Cu who
bought the property from Lydia Gaya.
He alleged that Alvarez constructed a concrete building,
which he discovered was encroaching on his property.
Adviento adopted the allegations of Gaya insofar as they
contested the ownership of the land.
4. RTCs decision:
Annulment of OCT in the name of Lydia Gaya and
subsequent titles, in the name of Fidel Cu and in the name
of Ceferino Adviento in so far as it covers the land adjacent
to plaintiffs land
5. Upon appeal, CA affirmed RTCs decision.
6. Hence, this petition.
ISSUE W/N if a title was validly registered, the validity and
conclusiveness of the decision resulting in a decree of
registration in favor of appellant, the said LRC decision puts to
rest whatever issues there may be/ Completeness and
determination of title in favor of Lydia Gaya and subsequently
to Adviento, the case should have been dismissed and that the
decision of RTC and CA in favor of Alvarez should have been
dismissed/ W/N admission in the trial court as to the existence
of title in her name, said person need not to prove her
ownership of the subject lot.
HELD: NO.
1. Distinction should be drawn between taking judicial notice of
sources, documents and materials without formal proof of the
genuineness or authenticity, and taking notice of facts related to
such admissions and materials. As the appellate court explained:
where the court finds that it is while the source is genuine, the
facts therein are not clearly indisputable and should, therefore
be subject to proof. The totality of proof adduced by the parties
shows that the title of petitioners predecessor-in-interest is
bereft of any legal basis.
2. In addition, under Section 21 of Act No. 496 of the LRA (law
applicable at that time), the application for registration should
contain a notification to all the occupants of the land of all
adjoining owners, it shall state what search has been made to
find them. In the case at bar, petitioner admitted the lack of the
notice to respondents. Lack of notice is a denial of due process to
respondents. It is elementary that no person can be denied his
property without due process of law.
Thus, petitioners argument that CA failed to recognize the
regularity and validity and conclusiveness of the owner is
without merit.
3. Petitioners argument that the registration decree binds the RTC
and CA is without merit. RTC and CA are not bound by the land
registration decree especially when it is assailed on the ground of
fraud.
Under section 38 of Act No. 496, the petitioner must show
affirmatively that (1) he has an interest or estate in the
land, and (2) he has been deprived of that interest through
fraud in the procurement of the decree of registration. The
essential facts are to be clearly alleged in the petition;
otherwise, the registration court is justified in dismissing
the same.
In the case at bar, respondents pleaded their interest in the
land and the fraud used which defeated such interest. No
notice was given to the respondents. The lack of notice
was obviously intended by the petitioners predecessor-in-
interest to prevent contest on the application. Petitioners
predecessor-in-interest falsely attested to the absence of
any adverse claim, including the absence of any
possession of the land.
The purpose of the law in giving aggrieved parties,
deprived of land or any interest therein, through fraud in
the registration proceedings, the opportunity to review the
decree is to insure fair and honest dealing in the
registration of land.
Thus, relief is granted to a party deprived of his interest in
land where the fraud consists in a deliberate
misrepresentation that the lots are not contested when in
fact they are. Or in willfully misrepresenting that there are
no other claims, or in deliberately failing to notify the party
entitled to notice, or in inducing him not to oppose an
application, or in misrepresenting about the identity of the
lot to the true owner by the applicant causing the former to
withdraw his opposition. In all these examples the
overriding consideration is that the fraudulent scheme of
the prevailing litigant prevented a party from having his
day in court or from presenting his case. The fraud,
therefore, is one that affects and goes into the jurisdiction
of the court
4. Thus, when the trial court decided against Lydia Gayas interest,
it followed that all the succeeding titles which trace interest to
her title were affected. In the case at bar, the trial court found
that the issuance of title was illegal. Petitioners claimed right
cannot now have more coverage and extent than that from
which it originated. Indeed, petitioners purchase of the said land
despite the notice of lis pendens and actual knowledge of the
pending case would not qualify him as an innocent purchaser for
value. It is a settled rule that a purchaser of real estate with
knowledge of any defect or lack of title of the vendor cannot
claim that he has acquired title thereto in good faith as against
the true owner of the land or interest therein. The same rule
applies to one with knowledge of facts which should have put
him on inquiry and investigation as might be necessary to
acquaint him with the defects in the title of his vendor.

Adviento V Alvarez

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ADVIENTO V ALVAREZ

1. Miguel Alvarez, now represented by his heirs filed a complaint

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