Case Digest (G.R. No. 46972)
Facts:
The case titled "Carlos Young vs. The Registrar of Titles of Manila" (G.R. No. 46972) was decided on November 20, 1940. Carlos Young, the appellant, sought to contest a resolution by the Fourth Division of the Court of First Instance of Manila. The resolution stated that the Registrar of Titles of Manila was entitled to collect from Young a total of P626 for registration fees associated with two deeds of cancellation of certain mortgages, amounting to P313 for each deed, along with additional fees for presentation entries. Young argued against the court’s decision on three grounds. Firstly, he claimed that the court erred in allowing the Registrar to charge P313 for the cancellation deed executed on April 10, 1939, related to a mortgage by "The Roman Catholic Archbishop of Manila". Secondly, he contended that the court mistakenly permitted a similar fee for a cancellation deed executed on January 6, 1939, by the Bank of the Philippines Islands. Thirdly, he ob
Case Digest (G.R. No. 46972)
Facts:
Mortgage Execution and Registration: On April 6, 1932, Carlos Young executed a mortgage deed over two parcels of land (covered by Transfer Certificates of Title Nos. 41242 and 41243) in favor of "The Roman Catholic Archbishop of Manila." This mortgage was duly registered with the Registrar of Titles of Manila.
Subdivision of the Land: After the mortgage registration, Carlos Young subdivided the two parcels into several lots, as reflected in Plan Psd-8395. This subdivision plan was approved by the Director of Lands on August 5, 1932, and by the Court of First Instance of Manila on December 29, 1933. The plan was annotated on the back of the titles.
Transfer of Mortgage: On August 29, 1934, "The Roman Catholic Archbishop of Manila" transferred its mortgage rights over the subdivided lots to the Bank of the Philippine Islands.
Cancellation of Mortgages:
- On January 6, 1939, the Bank of the Philippine Islands executed a deed canceling the mortgage in its favor.
- On April 10, 1939, "The Roman Catholic Archbishop of Manila" executed another deed canceling the mortgage in its favor.
Remaining Lots: At the time of the cancellations, 313 lots from the subdivision remained unsold and were still registered under Carlos Young's name.
Registrar’s Fees: The Registrar of Titles of Manila required Carlos Young to pay P313 for each cancellation deed (totaling P626), based on the number of lots (313) affected by the cancellations, in addition to presentation fees.
Issue:
- Whether the Registrar of Titles of Manila has the right to charge Carlos Young P313 for each cancellation deed, in addition to presentation fees, based on the number of lots affected.
- Whether the Court of First Instance of Manila erred in denying Carlos Young’s motion for reconsideration and new trial.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)