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    Petitioner Vs Vs Movant-Appellee Oppositor-Appellant Luis Meneses Calleja & Sierra

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    Em Draper
    The court document discusses a land title dispute in the Philippines. It summarizes that: 1) A cadastral court does not have authority to award land to people who did not claim it, and any title issued to them would be nullified. 2) However, if innocent third parties acquired rights to the land based on the incorrect title, the court cannot totally cancel the title to protect public confidence in the land title system. 3) The court declares the original title null and void but recognizes the mortgage lien of an innocent third party, and orders a new title be issued subject to that lien.

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    Petitioner Vs Vs Movant-Appellee Oppositor-Appellant Luis Meneses Calleja & Sierra

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    Em Draper
    14 views2 pages
    The court document discusses a land title dispute in the Philippines. It summarizes that: 1) A cadastral court does not have authority to award land to people who did not claim it, and any title issued to them would be nullified. 2) However, if innocent third parties acquired rights to the land based on the incorrect title, the court cannot totally cancel the title to protect public confidence in the land title system. 3) The court declares the original title null and void but recognizes the mortgage lien of an innocent third party, and orders a new title be issued subject to that lien.

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    The court document discusses a land title dispute in the Philippines. It summarizes that: 1) A cadastral court does not have authority to award land to people who did not claim it, and any title issued to them would be nullified. 2) However, if innocent third parties acquired rights to the land based on the incorrect title, the court cannot totally cancel the title to protect public confidence in the land title system. 3) The court declares the original title null and void but recognizes the mortgage lien of an innocent third party, and orders a new title be issued subject to that lien.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    14 views2 pages

    Petitioner Vs Vs Movant-Appellee Oppositor-Appellant Luis Meneses Calleja & Sierra

    Uploaded by

    Em Draper
    The court document discusses a land title dispute in the Philippines. It summarizes that: 1) A cadastral court does not have authority to award land to people who did not claim it, and any title issued to them would be nullified. 2) However, if innocent third parties acquired rights to the land based on the incorrect title, the court cannot totally cancel the title to protect public confidence in the land title system. 3) The court declares the original title null and void but recognizes the mortgage lien of an innocent third party, and orders a new title be issued subject to that lien.

    Copyright:

    © All Rights Reserved
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    of 2

    EN BANC

    [G.R. No. L-47566. July 3, 1942.]

    THE DIRECTOR OF LANDS , petitioner, vs . BASILIO ABACHE, ET AL.,


    claimants; SANTIAGO IMPERIAL , movant-appellee, vs. LUIS MENESES ,
    oppositor-appellant.

    Luis Meneses in his own behalf.


    Calleja & Sierra for appellee.

    SYLLABUS

    1. CADASTRAL ACT; ISSUANCE OF TITLE TO NON-CLAIMANTS; NULLITY


    AND CANCELLATION OF SUCH TITLE. — In registration proceedings, a cadastral court
    has no authority to award a property in favor of persons who have put in no claims to it
    and have never asserted any right of ownership thereover, and the certi cate of title
    issued under the circumstances to such persons would be declared null and void.
    2. ID.; ID.; INNOCENT THIRD PERSONS. — Where, however, innocent third
    persons, relying on the correctness of the certi cate of title thus issued, acquire rights
    over the property, the court cannot disregard such rights and order the total
    cancellation of the certi cate. The effect of such an outright cancellation would be
    impair public con dence in the certi cates of title, for everyone dealing with property
    registered under the Torrens system would have to inquire in every instance as to
    whether the title has been regularly or irregularly issued by the court. And this is
    contrary to the evident purpose of the law. (Section 39, Act No. 496.) Every person
    dealing with registered land may safely rely on the correctness of the certi cate of title
    issued therefor and the law will in no way oblige him to go behind the certi cate to
    determine the condition of the property.

    DECISION

    MORAN , J : p

    In a cadastral proceeding in the Court of First Instance of Albay, Lina F. Vda. de


    Imperial and Santiago Imperial, mother and son, appeared and claimed lot No. 8305,
    the latter asserting ownership and the former her usufructuary right as widow. After
    hearing at which Santiago Imperial appeared as the sole witness for the claimants, the
    court awarded to them the said property. However, in the written decision subsequently
    rendered the lot was awarded in favor of Inocencio, Simeona, David, Constancio,
    Salvacion and Solomon, all surnamed Adornado, who had neither presented any claim
    nor appeared at the trial, and thereafter, original certi cate of title No. 15150 was
    issued in their names. The lot was later mortgaged by the Adornados to Luis Meneses.
    Santiago Imperial led a motion asking that said certi cate of title and the lien noted
    thereon be declared null and void and that a new certi cate of title be issued in his
    favor, her mother having died.
    CD Technologies Asia, Inc. 2018 cdasiaonline.com
    Upon the authority of Laureano vs. Stevenson (45 Phil., 252) and the Government
    of the Philippines vs. Trino (50 Phil., 763), we a rmed the order on appeal wherein
    certi cate of title No. 15150 was declared null and void as well as the lien noted
    thereon in favor of Luis Meneses and a new certi cate of title ordered issued in the
    name of Santiago Imperial. Luis Meneses moved for reconsideration praying that the
    ruling laid down in the two cases above cited be reexamined and abandoned. We
    granted the motion and, after a careful deliberation, we have decided to modify the
    ruling.
    We still hold that, in registration proceedings, a cadastral court has no authority
    to award a property in favor of persons who have put in no claims to it and have never
    asserted any right of ownership thereover, and the certi cate of title issued under the
    circumstances to such persons would be declared null and void. Where, however,
    innocent third persons, relying on the correctness of the certi cate of title thus issued,
    acquire rights over the property, the court cannot disregard such rights and order the
    total cancellation of the certi cate. The effect of such an outright cancellation would be
    to impair public con dence in the certi cates of title, for everyone dealing with property
    registered under the Torrens System would have to inquire in every instance as to
    whether the title has been regularly or irregularly issued by the court. And this is
    contrary to the evident purpose of the law. Section 39 of Act No. 496 provides that
    every person receiving a certi cate of title in pursuance of a decree of registration, and
    every subsequent purchaser of registered land who takes a certi cates of title for value
    in good faith, shall hold the same free of all encumbrance except those noted on said
    certi cate. We have heretofore emphasized, and do so now, that every person dealing
    with registered land may safely rely on the correctness of the certi cate of title issued
    therefor and the law will in no way oblige him to go behind the certi cate to determine
    the condition of the property.
    Modifying the judgment rendered in this case, we declare null and void certi cate
    of title No. 15150 issued in favor of the Adornados and order that a new certi cate of
    title be issued in favor of Santiago Imperial, but subject to the mortgage lien of Luis
    Meneses which appears duly noted in the certi cate to be cancelled. Luis Meneses
    may, in a single complaint, sue the Adornados and Santiago Imperial for the collection
    of his mortgage credit, the former as primary obligors and the latter as owner of the
    property mortgaged without prejudice to any right which Santiago Imperial may have
    against the assurance fund. We make no pronouncement as to costs in this instance.
    Yulo, C.J., Ozaeta, Paras and Bocobo, JJ., concur.

    CD Technologies Asia, Inc. 2018 cdasiaonline.com

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