Case Digest (G.R. No. 39641)
Facts:
- The case involves the partition and division of Lot No. 2246 among heirs without intestate proceedings.
- Originally owned by three siblings: Aniceto, Jose, and Gregoria Abalos.
- A certificate of title (No. 7154) was issued to them as owners in undivided equal shares.
- Aniceto Abalos passed away, leaving his widow, Fulgencia Sales, and three children: Paulino, Emiliana, and Veronica.
- Gregoria Abalos died without issue, and her husband, Cipriano Balila, predeceased her.
- On January 20, 1928, Jose Abalos sold his share to Florencio Serafica and Laureta Samson.
- The actual owners decided to subdivide the land, and a subdivision plan was approved by the Director of Lands.
- They filed a petition in the cadastral case to cancel the original certificate of title and issue new certificates for the subdivided lots.
- The lower court denied the petition, stating that the relevant laws do not allow for the declaration of heirs and partition of the estate in cadastral or registration cases.
- The petitioners appealed the decision.
Issue:
- (Unlock)
Ruling:
- Yes, the partition and division of land among heirs can be done without intestate proceedings under section 112 of Act No. 496.
- Yes, section 112 of Act No. 496 is applicable to cadastral cases.
- Yes, a petition for the cancellation of the old certificate of title...(Unlock)
Ratio:
- The Supreme Court ruled that the procedure followed by the petitioners is in accordance with section 112 of Act No. 496.
- Section 112 allows for the cancellation of an old certificate of title and the issuance of new certificates when registered interests have terminated and new interests have arisen.
- The provision is broad and clear, covering cases where the rights of the original registered owners have ceased to exist due to death, and new rights have been created for the heirs.
- Section 112 is applicable to cadastral cases as per section 11 of Act No. 2259, which states that the provisions of Act No. 496 apply to cadastral cases unless otherwise provided.
- The petition can be filed in the original case where the decree of registration was entered, as stated ...continue reading
Case Digest (G.R. No. 39641)
Facts:
In the case of "Government of the Philippine Islands v. Serafica," the dispute centers on the partition and division of a piece of land among heirs without the need for intestate proceedings. The land in question, Lot No. 2246, was originally owned by three siblings: Aniceto, Jose, and Gregoria Abalos. A certificate of title (No. 7154) was issued in their favor, declaring them as owners in undivided equal shares. Aniceto Abalos passed away, leaving behind his widow, Fulgencia Sales, and three children: Paulino, Emiliana, and Veronica. Gregoria Abalos also died without issue, and her husband, Cipriano Balila, had predeceased her. On January 20, 1928, Jose Abalos sold his share of the land to the spouses Florencio Serafica and Laureta Samson. Subsequently, the actual owners decided to subdivide the land, and a subdivision plan was approved by the Director of Lands. They filed a petition in the cadastral case, requesting the cancellation of the original certificate of title and the issuance of new certificates corresponding to the subdivided lots. The lower court denied the petition, stating that the Cadastral Act, the Land Registration Act, and the Code of Procedure in Civil Cases and Special Proceedings do not allow for the declaration of heirs and partition of the estate in cadastral or registration cases. The petitioners appealed this decision.
Issue:
- Can the partition and division of land among heirs be done without intestate proceedings under section 112 of Act No. 496?...