Title
Morales vs. Paredes
Case
G.R. No. 34428
Decision Date
Dec 29, 1930
Baltazar Morales contested land registration, filing for reconsideration and new trial. SC ruled he erred; proper remedy was petition for review under Land Registration Act, not Code of Civil Procedure.

Case Digest (G.R. No. 239827)
Expanded Legal Reasoning Model

Facts:

  • Registration Proceedings Initiated
    • Pedro, Rosendo, and Prudencio Gavino applied for the registration of a parcel of land located in the poblacion of San Quintin, Pangasinan.
    • Their application was made on June 23, 1930, and the registration was subsequently granted with a decision rendered to that effect.
  • Baltazar Morales’ Claim and Lack of Notice
    • Baltazar Morales, the petitioner, claimed ownership of the same parcel of land.
    • He was not advised about the registration proceedings and only became aware of them in early September 1930.
  • Filing of Motion for Reconsideration
    • Morales filed a motion on September 18, 1930, in the Court of First Instance of Pangasinan requesting reconsideration of the June 23 decision.
    • As per the record, this motion was still pending at the time Morales instituted the present action.
  • Inappropriate Use of the Remedy Under Section 513 of the Code of Civil Procedure
    • Instead of availing the proper remedy, Morales sought to have the earlier decision set aside and requested a new trial under section 513 of the Code of Civil Procedure.
    • The court noted that the plaintiff mistakenly pursued an incorrect remedy given the circumstances of his claim.
  • Allegations of Fraud and the Appropriate Legal Recourse
    • Morales indicated fraud in his complaint regarding the registration process, raising questions on the validity of the registration proceedings.
    • The court observed that if the allegations of fraud are true, the proper legal remedy is to file a petition for review under section 38 of the Land Registration Act, rather than under the Code of Civil Procedure.
  • Reference to Pertinent Jurisprudence
    • Citing Rivera vs. Moran (48 Phil. 836), the court emphasized that a petition for review can be filed after the rendition of the court’s decision and before the expiration of one year from the entry of the final decree.
    • The court also mentioned Plurad vs. Alcaide (G.R. No. 27545) where the notion that review may only commence after the final decree was regarded as obiter dictum—lacking the force of a controlling adjudication.

Issues:

  • Whether Baltazar Morales improperly availed the remedy under section 513 of the Code of Civil Procedure for setting aside the registration decision.
  • Whether the correct remedy for addressing allegations of fraud in registration proceedings is the petition for review under section 38 of the Land Registration Act.
  • Whether a petition for review can validly be filed prior to the issuance of the final decree, contrary to Morales’ contention.
  • Whether the pending motion for reconsideration in the Court of First Instance affects Morales’ claim for setting aside the decision.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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