Case Digest (G.R. No. L-42180)
Case Digest (G.R. No. L-42180)
Facts:
Conceso Diaz v. Court of Appeals and Tomas De Guzman, G.R. No. L-42180. November 10, 1986, the Supreme Court Second Division, Paras, J., writing for the Court.Petitioner Conceso Diaz is one of the heirs of the late Teodulo Diaz, the registered owner of a tract of land in Ilagan, Isabela under Original Certificate of Title No. 3139. After Teodulo's death (pre‑World War II), his widow Maria Espejo and their children survived him. On June 9, 1947 Maria Espejo sold a 2,157‑sq.m. portion of the land to private respondent Tomas de Guzman by a Deed of Sale (Exh. "A"), which was annotated on the back of the original certificate of title on October 1, 1947 (Exh. "A‑1").
De Guzman declared the parcel for taxation beginning in 1960 and paid taxes thereafter (Exhs. "B", "C", "C‑1"). He had the parcel surveyed in 1964 and obtained a plan and technical description (Exhs. "D" and "E"). On September 22, 1971 De Guzman requested issuance of a transfer certificate of title; the Register of Deeds wrote petitioner on October 26, 1971 to surrender the owner's duplicate so the annotation could be made. Petitioner refused to surrender the duplicate.
De Guzman filed, on April 5, 1972, a petition in the Court of First Instance (CFI) of Isabela for the surrender of the owner's duplicate of Original Certificate of Title No. 3139, invoking Section 111 (and ultimately Section 112) of the Land Registration Act (Act No. 496). Petitioner opposed, asserting (a) the portion sold formed part of the intestate estate and Maria Espejo lacked authority to sell (and allegedly never received the purchase price); (b) the Deed of Sale failed to identify the land with requisite certainty; and (c) the claim was barred by prescription and laches. Petitioner also challenged the CFI's jurisdiction as a land registration court to entertain a contested petition.
The CFI conducted a jurisdictional hearing, ruled it had jurisdiction under the Land Registration Act, and set the petition for hearing on July 17, 1972. Petitioner failed to appear; De Guzman presented evidence ex parte, and on July 18, 1972 the CFI ordered Conceso Diaz to surrender the owner's duplicate to the Register of Deeds within ten days for annotation and the issuance of a transfer certificate.
Petitioner appealed to the Court of Appeals (CA) under CA‑G.R. No. 51356‑R. On June 30, 1975 the CA initially certified the case to the Supreme Court under Section 17 of the Judiciary Act of 1948 (as amended) in conjunction with Section 3, Rule 50 of the Revised Rules of Court. After De Guzman filed a motion for reconsideration, the CA reversed that certification and, by Resolution dated October 10, 1975, affirmed in toto the CFI order. Petitioner then filed the present petition for certiorari in the Supreme Court to nullify the CA Resolution of October 10, 1975.
Issues:
- Did the Court of First Instance of Isabela, sitting as a land registration court under the Land Registration Act, have jurisdiction to hear and determine Tomas de Guzman’s petition for surrender of the owner's duplicate certificate of title?
- Were the CFI and the Court of Appeals correct in ordering petitioner Conceso Diaz to surrender the owner's duplicate, i.e., was De Guzman’s sale and registrable claim sufficiently established so that the annotation and issuance of a transfer certificate were proper?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)