Facts:

• Cadastral proceeding in the Court of First Instance of Manila initiated by the Director of Lands on behalf of the Government of the Philippine Islands.
• Purpose of the proceeding was to adjudicate the titles to certain lands in the Tondo District of Manila.
• Philippine Manufacturing Company holds Torrens certificates of title to lots Nos. 31, 32, and 35, which were included in the preliminary survey for the cadastral case.
• Mistake in the cadastral plan made lot No. 35 include some land that was not actually adjudicated to the company.
• A new strip of land, approximately three hectares in size, was formed on the west side of the peninsula where the lots were located.
• Philippine Manufacturing Company claims ownership of the entire lot No. 35, including the new strip of land.

Issue:

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Ruling:

• The Supreme Court declares the order adjudicating lot No. 40 to the Cabañgis heirs null and void.
• The court grants relief to th...(Unlock)

Ratio:

• The court rules that the order amending the cadastral plan to include the new strip of land, lot No. 40, is a nullity.
• Publication is one of the essential bases of the court's jurisdiction in land registration and cadastral cases.
• Since the new strip of land was not included in the initial publication, it cannot be incorporated into the cadastral plan without new publication.
• Even if the order had not been void, the la...continue reading