Case Digest (G.R. No. L-39248)
Facts:
Republic of the Philippines, represented by the Director of Lands v. Heirs of Luisa Villa Abrille, G.R. No. L-39248, May 07, 1976, the Supreme Court First Division, Esguerra, J., writing for the Court. The suit was originally filed in the Court of First Instance of Davao and, after a trial-court judgment and an appeal docketed in the Court of Appeals (CA-G.R. No. 47438-R), was certified by the Court of Appeals to the Supreme Court for final consideration of the pure question of law involved.On May 9, 1969 the Director of Lands filed a Complaint for Annulment of Certificate of Title in the Court of First Instance of Davao, Branch I, seeking cancellation of titles that allegedly included an unlawful increase in area. The complaint alleged that deceased Luisa Villa Abrille caused subdivision of a titled tract under Subdivision Plan (LRC) Psd-69322, approved by the Land Registration Commissioner on March 17, 1967, and that two new TCTs (T-18886 and T-18887) were issued March 30, 1967. The subdivision plan reflected a total area (607,779 sq. m.) 82,127 sq. m. larger than the original registered area (525,652 sq. m.), and that the excess constituted a former portion of the Davao River and therefore public domain; the Republic claimed TCT No. T-18887 was null and void ab initio for lack of required notice and publication under the Land Registration Law (Act 496, as amended).
The Register of Deeds defended her issuance of titles as a ministerial act done in good faith following the Commissioner's approval and a Court order directing correction and reissuance of titles. The heirs of Luisa Villa Abrille (defendant-appellants) admitted the increase and that the subdivision plans and some court orders had approved the plans, argued that Section 44 of Act 496 authorized the remedy they pursued, and invoked the apparent acquiescence of government land authorities. The Land Registration Commissioner answered that the subdivision plan had been approved by his predecessor; he referenced LRC Circular No. 167 (Feb. 19, 1968) directing that subdivision plans with increased areas be denied registration or recalled.
Several private occupiers sought to intervene but the trial court denied them standing. The parties filed an Agreed Stipulation of Facts on January 6, 1970, admitting the increase in area, that the increased portion abutted the Davao River and was cultivated, that some subsequent titles contained the increase and others did not, and that the court order approving the subdivision plan was issued without notice to the Director of Lands.
The trial court (CI Davao) rendered judgment on January 27, 1970 cancelling four Transfer Certificates of Title (T-20725, T-20701, T-20713 and T-20690) insofar as they covered the 82,127 sq. m. increase and directing the Register of Deeds to issue new titles...(Pro-only)
Issues:
- Whether the approval of subdivision plans (LRC Psd-69322 and Psd-71236) and the subsequent issuance of Transfer Certificates of Title (T-20725, T-20701, T-20713 and T-20690) can be sustained despite the absence of notice to interested parties, including the Director of Lands.
- Whether the increased area of 82,127 square meters, alleged to be former riverbed and public domain, could be lawfully included in the registered titles by petition for approval of subdivision under Section 44 of Act 496, instead of th...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)