Averia vs. Caguioa Digest

● Averia vs. Caguioa GR No. L-65129 Written by: Delgao

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!AC"#: The oppositor oppositor,, petitioner petitioner Tom Tomas as Averia Averia Jr., Jr., refuses to particip participate ate in the hearing of the registration proceedings claiming CFI Lucena City acting as a cadastral court, has no competence to act upon the said case under Section ! of Act "#$ or the %Land &egistration Act' (ecause of the a(sence unanimity among the parties as re)uired (y the cited la*. +etitione +etitionerr cites Fo-as Fo-as v. v. rey' rey' *herein *herein the Court Court held that that summary summary relief under Section ! of Land &egistration Act can only (e granted if there is unanimity among the parties, or there is no adverse claim or serious o(-ection on the part of any party in interest. /ther*ise, the case (ecomes contentious and controversial *hich should (e threshed out in an ordinary action, or in any case *here the incident properly (elongs. $##%&'#: Jurisd Jurisdict iction ion of CFI CFI Luce Lucena na City City.. (&LD: The trial trial court court has has -urisdi -urisdicti ction, on, (ut (ut it is instruct instructed ed to hold hold a ne* cadastral proceeding *herein the petitioner and all the other parties *ill (e given the opportunity to (e heard. &egistration results of the case shall (e (ased on the upcoming proceedings. RA"$):

The Court Court held held that the the citation citation of the the petitione petitionerr of Fo-as Fo-as v. v. rey' rey' is correct, (ut it is not applica(le to the instant case0 the case arose in #1!, after the Land &egistration Act had (een superseded (y the +roperty &egistration 2ecree, *hich (ecame effective on June , #3#. ● Sec. ! of of +2 4o. 5!# 5!# eliminat eliminated ed the disti distinctio nction n (et*een (et*een the genera generall  -urisdiction vested in the regional trial court and the limited  -urisdiction conferred upon it (y the former la* *hen acting merely as a cadastral cadastral court. It aimed to avoid avoid multiplic multiplicity ity of suits, suits, simplify simplify registration proceedings (y conferring upon the regional trial courts the authority to act not only on applications for %original registration%, (ut also %over all petitions filed after original registration of title, *ith po*er po*er to hear hear and determ determine ine all )uesti )uestions ons arisin arising g upon upon such such applications or petitions.% ● 6ith 6ith referenc reference e to Sectio Section n ! of the Land &egist &egistrat ration ion Act Act 7no* Section 81 of +.2. 4o. 5!#9, the court is no longer fettered (y its former former limited limited -urisdiction -urisdiction *hich ena(led ena(led it to grant relief relief only in cases *here there *as %unanimity among the parties% or none of  them raised any %adverse %adverse claim or serious serious o(-ection. o(-ection.%% :nder :nder the amended la*, the court is no* authori;ed to hear and decide not only such non