Case Digest (G.R. No. 113549)
Facts:
In 1920, a 25,542,603-square-meter tract in Barrio Magragondong, Ligao, Albay, was surveyed for spouses Luis Ribaya and Agustina Revatoris under Plan II-13961, purportedly approved by the Acting Director of Lands on January 3, 1922. At that time the parcel formed part of public forest and was only released for disposition on December 31, 1930. In 1925, the spouses applied for registration before the Court of First Instance of Albay (LRC Case No. 52), with notice published once in the Official Gazette on March 17, 1925. On September 18, 1925, the court granted registration. Later in November 1925, an amended survey plan (Plan II-13961-Amd.) covering four parcels aggregating 10,975,022 sq.m.—instead of the original 25,542,603 sq.m.—was approved on February 26, 1926 but never republished nor incorporated into the application. A decree of registration was entered on July 31, 1926, and Original Certificate of Title (OCT) No. 3947 issued on August 19, 1926, reconstituted in 1958 as OCCase Digest (G.R. No. 113549)
Facts:
- Parties and Procedural Posture
- The Republic of the Philippines, represented by the Director of Lands, filed a petition under Rule 45 seeking to reverse the Court of Appeals’ January 24, 1994 Resolution in CA-G.R. CV No. 17351.
- Respondents are the heirs of Luis Ribaya—Andrea Ribaya-Buenviaje (administratrix), Luis Ribaya, Antonia Ribaya-Conde, and John Doe Rebaya.
- Land Registration and Subsequent Transactions
- Original Survey (July 9–27, 1920)
- Parcel in Barrio Magragondong, Ligao, Albay, surveyed by Telesforo Untalan (Bureau of Lands), denominated Plan II-13961, claimed area 25,542,603 sq m, approved January 3, 1922 (plan unsigned).
- Publication: one notice in the Official Gazette, March 17, 1925.
- Registration Proceedings (1925–1926)
- CFI of Albay (LRC Case No. 52) granted petition on September 18, 1925, issuing a decree of registration on July 31, 1926.
- Resurvey (November 18–30, 1925) produced Plan II-13961-Amd. covering four lots totalling 10,975,022 sq m, approved February 26, 1926 (no republication; application not amended).
- OCT No. 3947 issued August 19, 1926; administratively reconstituted September 11, 1958 as OCT No. RO-10848 (3947).
- Later Transactions and Challenge
- 1964: Ribaya heirs received war-damage compensation.
- 1968: Deed of partition; issuance of TCT Nos. T-31333 to T-31358 to heirs.
- January 6, 1977: Farmers petitioned Director of Lands to annul titles; August 17, 1978: Republic filed complaint in RTC Albay (Civ. Case No. 6198) to annul OCT Nos. 3947 and RO-10848 (3947) plus derivative TCTs, alleging fraud, lack of republication, non-compliance with Act 2874 §45(b), and inalienability as forest land.
- 62 farmers intervened, seeking reconfirmation of their respective occupancy titles.
Issues:
- Whether the Republic’s action to annul OCT No. 3947 and its derivatives is barred by prescription or by the indefeasibility of certificate of title under Act No. 496.
- Whether the land registration court acquired jurisdiction over the subject land, given (a) insufficient publication of the original survey plan, and (b) total want of publication of the amended plan, against the rule in Benin v. Tuazon.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)