Title
Nicolas vs. Director of Lands
Case
G.R. No. L-19147-48
Decision Date
Dec 28, 1963
Albino Nicolas and Eusebio Coloma sought land registration; Guillermo Camungao opposed, claiming ownership. Court ruled for applicants without notifying Camungao, who later petitioned to set aside the judgment due to fraud and lack of notice. Supreme Court remanded for proper proceedings, citing valid opposition and fraud allegations.
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Case Digest (G.R. No. L-19147-48)

Facts:

  1. Application for Registration

    • On October 20, 1951, Albino Nicolas filed an application to register Lots 1 and 2, PSU-128816, under the Torrens System.
    • On December 19, 1951, Eusebio Coloma also applied for registration of Lots 1 and 2, PSU-129626.
  2. Opposition by Guillermo Camungao

    • Guillermo Camungao (petitioner) filed a written appearance opposing the registration of Lot 2 in both PSUs, claiming ownership based on Sales Application No. 2091 (E-3989).
    • The Director of Lands, represented by the Provincial Fiscal, also opposed the registration, asserting that the lots were public lands covered by Camungao’s sales application.
  3. Order of General Default

    • On August 22, 1952, the lower court issued an Order of General Default, except as to the Director of Lands.
    • A hearing was held, but no notice was given to Camungao despite his written opposition.
  4. Judgment and Decree of Registration

    • On September 30, 1955, the court adjudicated the lands in favor of the applicants.
    • The judgment became final, and a decree of registration was issued.
  5. Eviction and Petition to Set Aside Judgment

    • On January 21, 1956, an eviction order was issued against Camungao, who then learned of the judgment.
    • On April 25, 1956, Camungao filed a petition to set aside the judgment, alleging fraud, lack of notice, and continuous possession since 1936.
  6. Motion to Dismiss and Lower Court’s Decision

    • Respondents moved to dismiss the petition, arguing that lack of notice does not constitute actual fraud.
    • The lower court dismissed the petition, stating that Camungao’s opposition was not sworn to and that he was represented by the Director of Lands.

Issue:

  1. Whether the lower court erred in dismissing Camungao’s petition to set aside the judgment for lack of cause of action.
  2. Whether the failure to notify Camungao of the hearing and the alleged fraudulent acts of the respondents constitute grounds for reopening the case.
  3. Whether Camungao’s written appearance and opposition were sufficient to entitle him to notice and a hearing.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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