Facts:

• Petition for certiorari filed by Maria Elviña against Judge Enrique V. Filamor of the Court of First Instance of Nueva Ecija and Potenciana C. Domingo.
• Petitioner seeks to set aside several orders issued by the respondent judge, including the order vacating a previous decision that declared Potenciana C. Domingo in default and adjudicated lots Nos. 1 and 2 of registration proceeding No. 1970 to the petitioner.
• The land in question had already been litigated in a civil case and another registration proceeding, both of which were decided in favor of Potenciana C. Domingo.

Issue:

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Ruling:

• The respondent judge had jurisdiction to set aside the previous decision and order of default.
• The decision and order of default can be set aside even after thirty days from its promulgation if a motion is filed within six months from the date of the decision and before the issuance of the decree of registration.
• In this case, the motions to set aside the decision were filed within the ...(Unlock)

Ratio:

• The court based its ruling on Section 113 of the Code of Civil Procedure, which allows for the setting aside of a decision and order of default in a registration proceeding if a motion is filed within six months from the date of the decision and before the issuance of the decree of registration.
• The court cons...continue reading