Facts:

• Jorge Gabutan and Balbino Gabutan are co-owners of Lot No. 6381 in Cebu.
• They hold an original certificate of title for the lot, adjudicated in undivided equal parts.
• On May 27, 1939, Jorge filed a motion in the cadastral case for the subdivision of the lot into two equal halves.
• Jorge argued that certain charges justified the subdivision and requested the court to direct surveyor Espiritu Bunugan to prepare a subdivision plan.
• Balbino opposed the motion, claiming the court lacked jurisdiction and that a separate partition action was necessary under Section 84 of Act No. 496.
• The lower court sided with Balbino, prompting Jorge to appeal the decision.
• The central issue was whether the subdivision could be ordered within the existing cadastral case or if a separate partition action was required.

Issue:

• (Unlock)

Ruling:

• The Supreme Court ruled in favor of Jorge Gabutan, reversing the lower court's order.
• The Court determined that the subdivision of the lot could be requested within the e...(Unlock)

Ratio:

• The Court's decision was based on the interpretation of the Cadastral Act and the Land Registration Act.
• It noted that the court's jurisdiction continues after the issuance of a final decree of registration, covering incidental matters related to the registered title.
• Section 6 of Act No. 2259 permits subdivisions of registered lots with court approval.
• Section 112 of Act No. 496 allows registered owners to petition the court regarding new real rights.
• The term "proceedings fo...continue reading