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Case Digest: Manotok v. CLT
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Republic vs Lozada Case
Mactan- Cebu v. Tirol.docx
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Francisco v Rojas
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Same; Reconveyance; In the action for reconveyance, the decree of registration is highly respected as incontrovertible; what is sought inst is the transfer of the property wrongfully or erroneously registered in another’s name to its rightful owner or to the one with a better right.
F!"S# [Respondent] Emiliana M. Rojas is the widow of the late Jose Rojas, while the other [respondents] are the children of the spouses. On the other hand, Rosalina V. Francisco, [petitioner] Rodolfo V. Francisco, and Carmela V. Francisco, hereafter collectiel! referred to as the Franciscos, are the applicants for re"istration in #and.
$u%ject of the controers! is a portion of &,'('.)* hectares, ast trac+ of land, +nown as the acienda de -n"ono, in -n"ono, Rial. /he entire hacienda used to owned %! one 0on 1uenaentura 2uido ! $anta -na upon whose death left a portion thereof, to his two 345 sons Francisco 2uido and ermo"enes 2uido.
$ometime in $eptem%er '6'', 0ecreto 7o. 8'*9, coerin" the same hectare por of acienda de -n"ono was issued in faor of the %rothers Francisco and ermo"enes. On the %asis thereof, Ori"inal Certi:cate of /itle oer the same hectares was issued in the names of the two 345 %rothers.
7ine 365 !ears later, or sometime in '6*4, the heirs of Francisco and ermo"ene adjudicated amon" themseles the same hectares and transferred the one;half 3'<45 portion thereof to Jose -. Rojas, predecessor;in;interest of the [respondents Rojases.
Confusin"l!, some few months thereafter, the heirs of 2uido ! $anta -na re=ues the then #and Re"istration Commission 3now, #and Re"istration -uthorit!5 to issu the correspondin" ori"inal certi:cate of title./he re=uest, howeer, was denied % the said o>ce.
$u%se=uentl!, the entire parcel of land coered %!Sign 0ecreto 7o. up to vote on8'*9 this titlewas su%di into twent!;one 34'5 lots and twent!;one 34'5 di?erent certi:cates of title were Useful Not useful issued in lieu of the reconstituted /C/ 7o. 4&&)). /hereafter, /hereafter, the heirs who who e@ecuted e@ecuted the aforesaid aforesaid document of e@trajudicial e@trajudicial
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Case Digest: Manotok v. CLT
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Republic vs Lozada Case
Mactan- Cebu v. Tirol.docx
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/o /o complicate matters, matters, it appears appears in the then Court of First First Dnstance Dnstance of Rial, the the Repu%lic of the Ahilippines, represented %! the $olicitor 2eneral, :led a complain for declaration of nullit! of 0ecreto 7o. 8'*9 and the owners duplicate cop! of / 7o. 4&&)) a"ainst the heirs of Francisco 2uido and ermo"enes 2uido, the spou Jose Rojas Rojas and Emiliana Emiliana Rojas, Rojas, the Aacil Aacil 0eelopment 0eelopment Corporation and Dnterpor Resources Corporation, it %ein" alle"ed in the same complaint that %oth the 0ec 7o. 8'*9 and the owners cop! of /C/ 7o. 4&&)) were false, spurious and fa%rica
/he Court held held that, a decree decree of re"istration re"istration %inds %inds the land and =uiets title there is conclusie upon all persons and cannot %e reopened or reied after the lapse one !ear after entr! of the decree. C- #i+ewise 0E7DE0 the appeal
ISS$%# E/ER OR 7O/ /E -$$-D#E0 #-70 RE2D$/R-/DO7 AROCEE0D72$ D$ /E B-AAROARDB-AAROARD-/E /E AROCEE0D72G AROCEE0D72G CO7/EMA#-/E0 CO7/EMA#-/E0 D7 /D$ O7OR-1#E O7OR-1#E COHR ARO7OH7CEME7/ D7 B2HD0O C-$EGI D7 /E -#/ER7-/DVE, E/ER OR 7O/ -C/DO7 FOR RECO7VEK-7CE 1ED72 M-D7/-D7E0 1K /E RE$AO70E7/$ D$ /E B-AAROARD-/E AROCEE0D72GI AROCE E0D72GI
&%'(# Dn disputin" respondents contention that the Bappropriate proceedin"G should %e an action for recone!ance, petitioner states that such action ma! %e proper %ut is still not an e@clusie remed!. e maintains that actual fraud in securin" a title must %e proed so as to succeed in an action for recone!ance, % the Court alread! held in 2uido that /C/ 7o. 4&&)) is authentic and "enuineL hen it is assumed that there is no in:rmit! or defect therein. -lso, an action for recone!ance cannot %e aailed of li+e an application for re"istration of land as i would %e dismissed forthwith on the "round of prescription.
- land re"istration court has no jurisdiction to order the re"istration of land alrea decreed in the name of another in an earlier land re"istration case. Dssuance of another decree coerin" the same land is, therefore, null and oid.
of %! /rul!, /rul!, one of the the appropriate appropriate le"al remedies remedies that should sho uld hae %een aailed Sign up to vote on this title Franciscos is an action for recone!ance. Contrar! toUseful declaration, pro petitioners Not useful of actual fraud is not re=uired as it ma! %e :led een when no fraud interened such as when there is mista+e in includin" the land for re"istration. Dn the action
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Case Digest: Manotok v. CLT
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Republic vs Lozada Case
Mactan- Cebu v. Tirol.docx
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Dn this case, the Franciscos claim to %e in open, continuous, e@clusie, and notori possession possession and occupation of the su%ject lots. Dt appears that the! neer lost possession of said properties, and as such, the! are in a position to :le the complaint with the trial court to protect their alle"ed ri"hts and clear whateer dou%ts has %een cast thereon.
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