Case Digest (G.R. No. 118892)
Facts:
Petitioner Rosario Banguis-Tambuyat and respondent Wenifreda Balcom-Tambuyat disputed a 700-square meter parcel in Barangay Muzon, San Jose del Monte, Bulacan purchased on November 17, 1991; the Transfer Certificate of Title, TCT T-145321(M), was issued in the name of ADRIANO M. TAMBUYAT married to ROSARIO E. BANGUIS though petitioner was then married to Eduardo Nolasco. Adriano died on June 7, 1998 and on October 18, 1999 respondent filed LRC Case No. P-443-99 to cancel TCT T-145321.
The Regional Trial Court, Branch 10, Malolos rendered judgment on May 26, 2003 cancelling TCT T-145321, directing issuance of a new title in Adriano’s name with Wenifreda as spouse, and awarding damages; the Court of Appeals, in a February 14, 2012 decision, affirmed with modification by deleting the awards of damages and fees; the Supreme Court denied the petition for review.
Issues:
- Did the Court of Appeals err in sustaining cancellation and correction of TCT T-145321(M) under Section 108 of Presidential Decree No. 1529 (PD 1529) despite petitioner’s claim of lack of jurisdiction and the need for estate proceedings?
- Did the Court of Appeals err in upholding the cancellation and correction of the questioned entry in TCT T-145321(M) despite petitioner’s proof of ownership and possession?
- Did the Court of Appeals err in correcting and cancelling the entry in violation of Article 148 of the Family Code on sharing of properties in defective marriages?
- Did the Court of Appeals err in sustaining the RTC’s grant of execution pending appeal despite petitioner’s appeal and absence of good or special reasons?
Ruling:
The Court DENIED the Petition and AFFIRMED the February 14, 2012 Decision of the Court of Appeals as modified. The Court held that the RTC properly exercised jurisdiction under Section 108 of PD 1529 to correct the erroneous entry in TCT T-145321(M) and that the cancellation and issuance of a new title in favor of Adriano with Wenifreda as spouse were proper.
The Court also sustained the appellate court’s deletion of moral and exemplary damages, attorneys’ fees, and costs, and declared issues concerning the writ of execution pending appeal moot and academic.
Ratio:
The Court reasoned that proceedings under Section 108 of PD 1529 allow correction or cancellation of a certificate of title for clerical errors or other reasonable grounds, and that PD 1529 removed the former distinction between the land registration court and courts of general jurisdiction. Petitioner’s active participation and submission of evidence in LRC Case No. P-443-99 constituted acquiescence to the court’s jurisdiction and barred a later challenge thereto. The Court distinguished ownership from the certificate of title, found a preponderance of evidence that Wenifreda was Adriano’s lawful spouse and that petitioner was married to Nolasco, and concluded that inclusion of petitioner’s name in the certificate was erroneous.
Doctrine:
- Section 108 of PD 1529 authorizes the court to amend or cancel entries in a certificate of title for error, omission, or other reasonable ground.
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