Case Summary (G.R. No. L-17084)
Property and Settlement Agreement
The property in question is a parcel of land located in Poblacion, San Carlos, Pangasinan, described as Lot No. 1253 with an area of approximately 805 square meters, originally covered by Original Certificate of Title No. 62708. The Extra-Judicial Settlement executed on May 30, 1956, specified the division of the property, wherein Josefa and another heir, Petra Dulay, were to receive the entire one-half portion, while Teodora Bautista renounced her rights to the property in favor of her children. This agreement was recorded with the Register of Deeds on July 16, 1956, leading to the issuance of Transfer Certificate of Title No. 21067 in the name of Josefa.
Reformation Attempt and Mandamus Petition
On April 19, 1960, the same heirs attempted to reform the previously executed settlement, claiming the existence of two other legitimate heirs. They submitted a reformation document to the Register of Deeds, asserting that the original settlement should be annulled to reflect the true heirs. However, the Register of Deeds, represented by Atty. Dimalanta, determined that the reformatory document was not registrable, prompting Josefa to file a petition for Mandamus in the Court of First Instance (CFI) of Pangasinan.
Ruling of the Lower Court
The lower court dismissed the Mandamus petition on May 18, 1960, concluding that the original Extra-Judicial Settlement was defective since not all heirs had signed it, which rendered it incapable of being registered or annotated. The decision focused on the validity of the original document rather than the reformation that was being sought.
Legal Errors and Review
The decision of the lower court raised issues regarding whether there was a neglect of duty by the Register of Deeds. The petitioners argued that the lower court's reliance on the original settlement was misplaced, as the reformatory document itself was the focus of the case. The roles and responsibilities of the Register of Deeds are defined under the Land Registration Act, highlighting that the functions of the Register of Deeds in relation to registration are prim
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Case Overview
- The case involves a dispute over the registration of a document related to the estate of the deceased Juan Dulay, specifically concerning the ownership of a parcel of land in San Carlos, Pangasinan.
- The petitioners, Josefa Dulay and her husband Sebastian Solomon, sought a writ of mandamus to compel the Register of Deeds to register a reformation of the Extra-Judicial Settlement concerning the estate.
- The case was decided by the Supreme Court of the Philippines on August 30, 1962.
Background of the Case
- Juan Dulay and Teodora Bautista were the owners pro-indiviso of a parcel of land known as Lot No. 1253, measuring 805 square meters, covered by O.C.T. No. 62708.
- Following Juan Dulay's death on August 21, 1953, his widow Teodora Bautista, along with alleged legitimate heirs Josefa and Petra Dulay, executed an "Extra-Judicial Settlement of the Estate of the deceased Juan Dulay" on May 30, 1956.
- The document stipulated the division of property and included a clause in which Teodora renounced her interest in favor of Josefa and Petra, who later acquired Teodora's share for P200.00.
Registration Process
- The Extra-Judicial Settlement was duly recorded with the Register of Deeds on July 16, 1956, leading to the issuance of TCT No. 21067 in the name of Josefa Dulay.