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Teofilo Cacho V CA

Teofilo Cacho filed a motion for the reconstitution of two original certificates of title for two parcels of land that were originally registered under his grandmother, Doña Cacho. The lower court dismissed the petition but the Supreme Court remanded the case back to be heard. The lower court then upheld the original decrees and ordered new certificates to be issued. On appeal, the Court of Appeals sustained the validity of the decrees but reversed the order to re-issue the certificates, as the original decrees were subject to certain conditions. The Supreme Court ruled that a land registration decree is binding against all persons after one year, making it final. Upholding conditions on re-issuing certificates would

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89 views2 pages

Teofilo Cacho V CA

Teofilo Cacho filed a motion for the reconstitution of two original certificates of title for two parcels of land that were originally registered under his grandmother, Doña Cacho. The lower court dismissed the petition but the Supreme Court remanded the case back to be heard. The lower court then upheld the original decrees and ordered new certificates to be issued. On appeal, the Court of Appeals sustained the validity of the decrees but reversed the order to re-issue the certificates, as the original decrees were subject to certain conditions. The Supreme Court ruled that a land registration decree is binding against all persons after one year, making it final. Upholding conditions on re-issuing certificates would

Uploaded by

May RM
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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Teofilo Cacho v CA GR No.

123361, March 31, 1997

FACTS:

Doña Cacho applied for a registration of two parcels of land in Lanao


Province and is situated within the limits of a military conservation. The two
petitions were jointly tried and the court promulgated a decision for the issuance of
two decrees subject to certain conditions of submitting the deed of sale for the first
lot and the new plan for the second lot. The sole heir of Doña Cacho, Teofilo
Cacho files a motion for the reconstitution of the two original certificates of title.
His petition was opposed by the respondents Republic of the Philippines, National
Steel Corporation (NSC), and the City of Iligan. The lower court dismissed the
petition for the reason that the proper remedy would be to file a motion for
reconstitution of the decrees after appreciating that two decrees were already
issued which although subject to certain conditions are indisputably final. The
petitioner’s motion to amend their petition was denied by the court but upon
appeal, the SC remanded the case back to the lower court to hear their petition for
the re-issuance of the decrees. The lower court upheld the decrees previously
issued to Doña Cacho and order the Register of Deeds to re-issue said decrees. On
appeal to the CA by the respondents, they assail the decision on grounds that the
petition suffers from jurisdictional infirmities, with no compliance to the
conditions over the decrees and there is no real party of interest involved to
prosecute the case. The CA sustained the validity of the decrees while brushing
aside the issue on jurisdictional infirmities but nevertheless reversed the lower
court decision on the re-issuance of the decrees on the grounds that the final
decision was reserved pending compliance to the conditions imposed by the court,
hence this petition before the SC.

ISSUE:

Whether or not the decree of registration may be validly upheld for re-
issuance in favor to the petitioner?
RULING:

The SC held that a land registration proceeding is “in rem” thus the decree
of registration is binding and conclusive against all persons and government
irrespective of whether they were personally notified of the application for
registration because the publication requirement is construed to be a notice to the
whole world. The final decree of registration is deemed to be conclusive to all
matters that can be litigated in a land registration proceeding. Both the lower court
and CA found no doubt as to the finality of the decision for the decree after 1 year
of its entry to the register of deeds according to the Torrens System. To sustain the
CA requirement for compliance of the conditions to the decree would constitute
derogation to the doctrine of res judicata and such would cause assault on the
integrity and indefeasible character of the Torrens System. The issuance of the
decree is merely the ministerial act on the Land Registration Commission upon the
final judicial judgment of the court. A land registration proceeding is an in rem
proceeding in that any final judgment promulgated upon by the court binds the
whole world. The SC sets aside the decision of the CA and reinstated the decision
of the lower court.

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