Facts:

• Liberato Jimenez, the surviving spouse, claimed ownership over real property registered exclusively in the name of his deceased wife, Maria de Castro.
• Maria de Castro owned several lots in the Baliwag cadastre, with original certificates of title issued in her name.
• Maria de Castro died without any ascendants or descendants, but only had siblings.
• Liberato Jimenez filed an application in the cadastral case, requesting that the lots be subdivided into two equal parts, with one part being adjudicated to the siblings of Maria de Castro and the other part to him.
• Jimenez also sought the cancellation of the original certificates of title and the issuance of new ones in his and the siblings' names.
• The application was opposed by Ines de Castro and others, who argued that granting the application would reverse the decree of registration.
• The lower court denied Jimenez's application, and he did not appeal.

Issue:

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Ruling:

• The procedure outlined in section 112 of Act No. 496 is not the appropriate remedy for a surviving spouse to claim ownership rights over property registered exclusively in the name of their deceased spouse under the Torrens system.
• The proper procedure is to institute intestate proceed...(Unlock)

Ratio:

• The court based its ruling on the fact that Liberato Jimenez claimed rights of ownership possessed in common with his deceased wife over the real property registered exclusively in her name.
• The court cited a previous decision, Government of the Philippine Islands vs. Serafica, which held that when land registered under the Torrens system is subdivided by new co-owners or coheirs, they can file a petition under section 112 of Act No. 496 for the cancellation of the original certificates of title and the issuance of new ones in their names.
• Ho...continue reading