Case Digest (G.R. No. L-59679)
Facts:
Ramon Medina Ong-Quingco v. Cecilio Imaz, Administrator of the Estate of the Deceased Salustiano Zubeldia, and Warner, Barnes & Co., Limited, G.R. No. 8461. March 25, 1914, the Supreme Court, Moreland, J., writing for the Court.The plaintiff-appellant, Ramon Medina Ong-Quingco, sued for possession of a parcel of land in Albay occupied by the late Salustiano Zubeldia (represented by respondent Cecilio Imaz, administrator) and joined Warner, Barnes & Co., Limited (defendant-appellee) as the real party. Warner, Barnes originally owned the larger tract and in January 1906 instituted registration proceedings under Act No. 496 (Torrens system) to register its title to the entire tract.
In June 1906 Warner, Barnes sold a portion of the tract to Zubeldia, who promptly entered into possession, improved the land, and erected a stone wall marking the boundaries between his lot and the remaining tract. By oversight Warner, Barnes did not amend the pending Torrens registration proceedings to exclude the lot sold to Zubeldia, and when the Court of Land Registration later entered decree it described the whole tract as originally applied for, thereby including the land previously conveyed to Zubeldia.
In July 1911 Warner, Barnes' local agent, G. M. Laing, contracted to sell the remainder of the tract (the land inside the visible boundary walls) to the plaintiff for P3,000; Laing personally showed the plaintiff the boundaries, indicating the stone wall as the limit. Thereafter the manager, Juan T. Figueras, executed a conveyance to the plaintiff but — because the company had failed to correct the land-registration description — the conveyance’s written description followed the registered description and, through that error, included the lot previously sold to Zubeldia. The plaintiff received the conveyance and was issued a Torrens certificate of title under Act No. 496.
In November 1911 the plaintiff demanded possession from Zubeldia (who refused), and in December 1911 the plaintiff filed an action of ejectment against Zubeldia; Warner, Barnes was made a defendant as the real party. The complaint alleged ownership by the plaintiff; the answer alleged mutual mistake in the conveyance’s description, denying plaintiff’s ownership, and affirmatively prayed for corr...(Subscriber-Only)
Issues:
- Whether the plaintiff's Torrens certificate is absolutely indefeasible against the defendants' claim, given the mutual mistake in the conveyance's description.
- Whether Warner, Barnes & Co., Limited (a party to the transaction and to the suit) may seek correction of the conveyance and registration to exclude the lot pre...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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