Scribd Logo
Upload

Welcome to Scribd!

  • 179 views

    86 Republic vs. Abrille

    Uploaded by

    Leo Tumagan
    The Supreme Court affirmed the lower court's ruling canceling certificates of title (TCTs) that included an excess area of 82,127 square meters for land owned by the heirs of Luisa Villa Abrille. Abrille had subdivided her original 525,652 square meter property, but the subdivision plan improperly included the excess land, which was formerly part of the Davao River riverbed. The Court held that the excess land was still public land since Abrille did not follow the proper procedures, such as filing a land registration case, to bring that portion under the Torrens system of land titling. Approval of the subdivision plan alone was not enough to validly include the excess area in the new T

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    86 Republic vs. Abrille

    Uploaded by

    Leo Tumagan
    179 views1 page
    The Supreme Court affirmed the lower court's ruling canceling certificates of title (TCTs) that included an excess area of 82,127 square meters for land owned by the heirs of Luisa Villa Abrille. Abrille had subdivided her original 525,652 square meter property, but the subdivision plan improperly included the excess land, which was formerly part of the Davao River riverbed. The Court held that the excess land was still public land since Abrille did not follow the proper procedures, such as filing a land registration case, to bring that portion under the Torrens system of land titling. Approval of the subdivision plan alone was not enough to validly include the excess area in the new T

    Original Title

    86 Republic vs. Abrille.docx

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The Supreme Court affirmed the lower court's ruling canceling certificates of title (TCTs) that included an excess area of 82,127 square meters for land owned by the heirs of Luisa Villa Abrille. Abrille had subdivided her original 525,652 square meter property, but the subdivision plan improperly included the excess land, which was formerly part of the Davao River riverbed. The Court held that the excess land was still public land since Abrille did not follow the proper procedures, such as filing a land registration case, to bring that portion under the Torrens system of land titling. Approval of the subdivision plan alone was not enough to validly include the excess area in the new T

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    179 views1 page

    86 Republic vs. Abrille

    Uploaded by

    Leo Tumagan
    The Supreme Court affirmed the lower court's ruling canceling certificates of title (TCTs) that included an excess area of 82,127 square meters for land owned by the heirs of Luisa Villa Abrille. Abrille had subdivided her original 525,652 square meter property, but the subdivision plan improperly included the excess land, which was formerly part of the Davao River riverbed. The Court held that the excess land was still public land since Abrille did not follow the proper procedures, such as filing a land registration case, to bring that portion under the Torrens system of land titling. Approval of the subdivision plan alone was not enough to validly include the excess area in the new T

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    You are on page 1of 1

    86. Republic vs.

    Abrille
    REPUBLIC OF THE PHILIPPINES, represented by the DIRECTOR OF LANDS, plaintiff-appellee, vs. HEIRS OF
    LUISA VILLA ABRILLE, defendant-appellant , LAND REGISTRATION COMMISSIONER and THE REGISTER OF
    DEEDS OF DAVAO CITY, defendants.
    G.R. No. L-39248. May 7, 1976

    Facts: 
    Estate of Luisa Villa Abrille is the owner of a parcel of land in the City of Davao containing an area of 525,652 square
    meters under TCT T-1439. Abrille during her lifetime caused the subdivision of the parcel of land into 2 lots which
    was approved by the Land Registration Commissioner.

    Under Subdivision Plan, a total area of 607,779 square meters which is 82,127 Square Meters more than the
    original area was covered in TCT under the name of Abrille

    After the approval by the LRC, Abrille was able to secure an order from the Court of First Instance of Davao directing
    the Register of Deeds for the City of Davao and Province of Davao, to correct the area of TCT to cancel the same and
    issue new TCTs

    In view of which new transfer certificate of title, which included the excess area, were issued by the
    Register of Deeds.

    However, the registration of Lot which includes the aforementioned excess area of 82,127 Square Meters, was not in
    accordance with law for lack of the required notice and publication as prescribed in Act 496,

    The excess or enlarged area as a result of the approval of the subdivision survey was formerly a portion of the
    Davao River which dried up by reason of the change of course of the said Davao River; hence a land belonging to the
    public domain

    Thus, a Complaint for Annulment of Certificate of Title was filed by the Republic of the Philippines.

    Trial Court:
    The lower court rendered judgment cancelling the new certificates of title (one of the subdivided lots having been
    further subdivided and new certificates of title issued therefor) containing the increased area and ordered the Register
    of Deeds to issue new ones in lieu thereof after the increased portion had been deducted

    Issue: 
    Issue in case: Whether or not the lower court erred in ordering the cancellation of TCTs which cover the increased area
    in question

    Main issue: Whether or not Abrille, as riparian owner, was entitled under the law to claim, as she did, the increase or
    excess in area of her original land as her own

    Held: 
    Affirmed the judgment holding that to bring the increased area under the operation and coverage of the Land
    Registration Act proceedings for registration of the land should be filed

    Lower court acted correctly in ordering the cancellation of the TCTs covering the increase area.

    A subdivision of a registered land under Section 44 of Act 496 does not authorize the inclusion of land or area not
    embraced in the titled or in excess of what is stated in the title. And the approval of the Court of such subdivision plan
    does not lend validity to it. The subdivision must be limited to the area stated in the title.

    Abrille, owners of the adjacent estate, might have acquired a registrable title to the land in question but to bring it
    under the operation of the Land Registration Act, a petition for registration under Act 496 should have been filed. More
    so when the title acquired is by continuous possession for at least 30 years under a claim of ownership. And even
    assuming that the land is an accretion, the fact that the riparian estate is registered does not bring ipso
    facto effect its accretion under the operation of the Land Registration Act.

    Initial or original registration proceedings have been instituted by the owner. And the only way by which a title to the
    land in question can be issued for the first time is for the Land Registration Commissioner to issue a decree of
    registration based upon final judgment rendered by the court.

    Petitioning the court for the approval of their Subdivision Plan to include the questioned increased area of 82,127
    square meters is unwarranted and irregular.

    For the increased area in question, which is not a registered land but formerly a river bed, is so big as to give
    allowance for a mere mistake in area of the original registration of the tracts of land of Abrille. In order to bring
    this increase in area, which the parties admitted to have been a former river bed of the Davao River, under the
    operation and coverage of the Land Registration Law, Act 496, proceedings in registrations of land title should
    have been filed instead of an ordinary approval of subdivision plan.

    Recourse under Section 44 of Act 496, which the Abrille took is good only insofar as it covers previously
    registered lands. In the instant case, part of the tracts of land, particularly the increased area of 82,127 square
    meter, has not yet been brought under the operation of the Torrens System. Worse still, the approval of
    Subdivision Plans was without notice to all parties in interest, more particularly the Director of Lands.

    The requisites have not been complied with for an applicant to have his imperfect or incomplete title or claim to a land
    to be originally registered under Act 496.

    You might also like

    pFad - Phonifier reborn

    Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

    Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


    Alternative Proxies:

    Alternative Proxy

    pFad Proxy

    pFad v3 Proxy

    pFad v4 Proxy