Case Digest (G.R. No. L-19147-48)
Facts:
This case involves Albino Nicolas and Julia Suguitan as respondents and Guillermo Camungao as the petitioner and appellant. It originated from two applications for land registration filed on October 20, 1951 (PSU-128816 by Albino Nicolas) and December 19, 1951 (PSU-129626 by Eusebio Coloma). Before the hearings commenced, Camungao formally opposed both applications, asserting ownership of Lot 2 in both PSU cases based on his Sales Application No. 2091 (E-3989). The Provincial Fiscal represented the Director of Lands and also opposed the registration, claiming the lots were public lands under Camungao's application. In August 1952, the lower court issued an Order of General Default for both applications, which did not include the Director of Lands in the hearing notifications; as a result, Camungao, despite his opposition, was unaware of the hearings held thereafter. On September 30, 1955, judgment was rendered adjudicating the lands to the applicants, which later became fina
Case Digest (G.R. No. L-19147-48)
Facts:
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.
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.
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.
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.
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.
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:
- Whether the lower court erred in dismissing Camungao’s petition to set aside the judgment for lack of cause of action.
- Whether the failure to notify Camungao of the hearing and the alleged fraudulent acts of the respondents constitute grounds for reopening the case.
- Whether Camungao’s written appearance and opposition were sufficient to entitle him to notice and a hearing.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)