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Land Titles and Deeds

1) Demetria Cacho applied to register two parcels of land that were granted. After her death, her heir Teofilo Cacho filed to reconstitute the titles. 2) The Court of Appeals denied reconstitution and ordered the decrees reopened, going against the purpose of making registration decrees binding against all persons. 3) Registration decrees, as proceedings in rem, are considered conclusive and binding upon all people and the government once finalized. The Court of Appeals erred in reopening the decrees.

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142 views1 page

Land Titles and Deeds

1) Demetria Cacho applied to register two parcels of land that were granted. After her death, her heir Teofilo Cacho filed to reconstitute the titles. 2) The Court of Appeals denied reconstitution and ordered the decrees reopened, going against the purpose of making registration decrees binding against all persons. 3) Registration decrees, as proceedings in rem, are considered conclusive and binding upon all people and the government once finalized. The Court of Appeals erred in reopening the decrees.

Uploaded by

IanLightPajaro
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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irrespective 

of whether or not they wer
Cacho vs. Court of Appeals e personally notified of the filing of the
GR No. 123361 March 3, 1997 application, because all persons are
considered as notified by the
publication required by law. A decree
FACTS: Demetria Cacho applied for of registration that has become final
the registration of two (2) parcels of shall be deemed conclusive not only
land situated in Lanao, Moro Province. on the questions actually contested
Both parcels were within the limits of and determined but also upon all
the Military Reservation No. 43 known matters that might be litigated or
as “Camp Overton.” decided in the land registration
The application was tried and proceedings. It is no doubt that the
decided by Judge Jesse Jorge and he decrees of registration had been
granted the petitioner (Cacho) the issued and such decrees attained
entitlement to the two (2) parcels of finality upon the lapse of one year from
land. On June 29, 1978, Teofilo entry thereof. The decision of the CA
Cacho, the sole heir of the deceased to reopen the decrees previously
Demetria Cacho filed for a petition for issued runs counter to the very
the reconstitution of the two (2) original purpose of the Torrens System.
certificates of title under RA 26. It also constitutes a derogation
The petition was opposed to by of the Doctrine of Res Judicata. The
the Republic of the decrees are res judicata
Philippines, National Steel Corporation  and these are binding upon the whole 
and the City of Iligan world, the proceedings being in the
on the basis of the Regalian Doctrine – nature of proceedings in rem. Such a
that states that – all lands of whatever requirement is impermissible assault
classification belong to the State. The upon the integrity and stability of the
matter was elevated to the Court of Torrens System of registration
Appeals (CA), the CA denied the because it also effectively renders the
petition for decree inconclusive.
reconstitution of title and ordered
that the decree of registration be
reopened. Thus, the instant petition to
the Supreme Court.

ISSUE: Whether or not
the honorable Court of Appeals erred
in its decision to reopen the decrees
issued by the Judge Jesse Jorge.

HELD: A land registration proceeding


is “in rem.” The decree of registration
is binding upon and conclusive against
all persons including the Government
and its branches,

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