Case Summary (G.R. No. 24804)
Petitioner’s Claims
The petitioners assert that the writ of possession, issued on April 7, 1925, is illegal and beyond the jurisdiction of the responding judge. They argue that an adequate legal remedy remains available to them, namely challenging the writ itself, and maintain that the respondents do not possess the requisite jurisdiction to issue the writ due to prior errors in land registration.
Respondent’s Demurrer
San Francisco del Monte, Inc. filed a demurrer, asserting that the petitioners have speedy and adequate remedies available and contending that the issuing judge did indeed have jurisdiction to issue the writ of possession in question. Following a hearing on the matter, the case was submitted for judicial consideration.
Undisputed Facts
The dispute traces back to a land registration proceeding initiated by the "Corporacion Franciscana de la Provincia de San Gregorio Magno" in 1906, where Leandra Manlapas opposed the registration concerning her claimed parcels. The Court of Land Registration ultimately ruled in favor of the corporation on January 11, 1910, leading to the subsequent issuance of a decree excluding certain land areas claimed by Manlapas.
Registration Proceedings and Title Transfer
The petitioners were partially excluded from the decree of registration, resulting from an error in survey and land description, as noted in the surveyor’s report from June 26, 1925. Despite Manlapas' continuous possession and cultivation of the land in question, the court deemed her claims insufficient as the decree issued in 1910, to which she had previously consented, remained binding.
Jurisdiction of the Lower Court
The petitioners argue against the jurisdiction of the court to issue the writ of possession on the basis that San Francisco del Monte, Inc. is not the original applicant in the land registration, but rather a successor entity. They allege that even if a right existed for the successor to request such a writ, that right has lapsed due to the statute of limitations.
Legal Framework of Land Registration
The pertinent law governing land registration, Act No. 496, particularly Section 38, emphasizes that every decree of registration is conclusive and binds the land in question. Section 39 further elucidates the rights conveyed to subsequent purchasers, ensuring that such rights—including the right to possession—are effective and enforceable, irrespective of whether the applicant or successor seeks them.
Ruling on Writ of Possession
The court held that the respondent judge acted within the bounds of his jurisdiction when issuing the writ of possession because the registration decr
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Background of the Case
- The case revolves around a petition for a writ of prohibition against the Judge of First Instance of Rizal, the provincial sheriff, and the corporation San Francisco del Monte, Inc.
- The petitioners, Leandra Manlapas and Canuto Tolentino, sought to prevent the enforcement of a writ of possession issued on April 7, 1925, regarding a specific parcel of land in San Francisco del Monte, Rizal.
- The petitioners argued that the writ of possession was illegal and issued without jurisdiction.
Proceedings and Demurrer
- The respondent corporation filed a demurrer, asserting that the petitioners had another adequate remedy and that the judge had jurisdiction to issue the writ.
- A hearing on the demurrer was conducted, and the case was submitted for consideration.
Key Facts of the Case
- A registration proceeding for the land in question was initiated around 1906 by the "Corporacion Franciscana de la Provincia de San Gregorio Magno."
- Leandra Manlapas opposed this registration, and the Court of Land Registration rendered a judgment on January 11, 1910, excluding two parcels claimed by her from registration.
- Subsequently, a decree was issued for the registration of the land, with an area of approximately 199 hectares, excluding a specific portion claimed by Manlapas.
Transfer of Title
- The Franciscan corporation sold a large part of the land to John W. Gordon, who then sold it to San Francisco del Mo