Facts:

The case involves Jorge Gabutan and Balbino Gabutan, who are co-owners of a parcel of land identified as Lot No. 6381 in the Cebu cadastre. They obtained an original certificate of title for this lot, which was adjudicated to them in undivided equal parts. On May 27, 1939, Jorge Gabutan filed a motion in the cadastral case, requesting the court to order the subdivision of the lot into two equal halves. He argued that certain charges he alleged warranted this subdivision and requested the court to direct the surveyor, Espiritu Bunugan, to prepare a subdivision plan. Balbino Gabutan opposed this motion, claiming that the court lacked jurisdiction to entertain such a request and that an action for partition should be initiated instead, as per Section 84 of Act No. 496. The lower court sided with Balbino, leading Jorge to appeal the decision. The core of the dispute revolved around whether the subdivision could be ordered within the ex...

Facts:

• Ownership of Lot No. 6381: Jorge Gabutan and Balbino Gabutan were co-owners of Lot No. 6381 of the Cebu cadastre, with each holding an undivided equal share. The lot was registered under Original Certificate of Title No. 15193.
• Motion for Subdivision: Jorge Gabutan filed a motion in the cadastral case, requesting the court to order the subdivision of the lot into two equal parts. He asked the court to direct the surveyor, Espiritu Bunugan, to prepare a subdivision plan.
• Opposition by Balbino Gabutan: Balbino Gabutan opposed the motion, arguing that the court lacked jurisdiction to order the subdivision in the cadastral case. He contended that a separate action for partition under Section 84 of Act No. 496 (Land Registration Act) was necessary. He also claimed that the court could not decide on issues related to improvements or other rights acquired by the co-owners.

Issue:

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Ruling:

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Ratio:

1. Jurisdiction Over Incidental Matters: The cadastral court’s jurisdiction is not exhausted after the issuance of the final decree of registration. It retains authority to address incidental matters, such as subdivisions, to avoid splitting jurisdiction over the same subject matter.
2. Subdivision Under Section 44 of Act No. 496: Section 44 of the Land Registration Act allows a registered owner to subdivide a lot by petitioning the court for new certificates of title. This provision applies even to co-owned properties, and a separate action for partition is not required.
3. Co-ownership and Partition: Article 400 of the Civil Code provides that no co-owner is obliged to remain in co-ownership and may demand partition at any time. The court emphasized that the right to partition is inherent in co-ownership and does not require a separate judicial action when ownership has already been established.
4. Creation of New Rights Under Section 112: Section 112 of the Land Registration Act permits the court to address new real rights or amendments to certificates of title, including issues related to improvements or other rights acquired by co-owners.

Dissent

Justice Moran dissented, arguing that:

1. No Legal Basis for Partition in Cadastral Case: He contended that neither Section 6 of Act No. 2259 nor Section 112 of Act No. 496 authorizes an action for partition in a cadastral case after the issuance of the final decree of registration.
2. Separate Action for Partition Required: He maintained that a separate action for partition under the Code of Civil Procedure is necessary, as the cadastral court lacks jurisdiction to decide on matters such as the division of fruits or rents.
3. Jurisdictional Split: He warned against splitting the court’s jurisdiction over the same subject matter, as it would lead to inefficiency and confusion.

Conclusion:

The Supreme Court ordered the partition of Lot No. 6381 in the cadastral case, reversing the lower court’s decision. The court emphasized that the cadastral court retains jurisdiction to address subdivisions and other incidental matters, and a separate action for partition is unnecessary when ownership has already been established.