Baranda Vs Gustilo Digest

 

Baranda vs. Gustillo

G.R. No. 81163 Facts:

A petition for reconstitution of title was filed with the CFI (now RTC of Iloilo in!ol!in" a parcel of land #nown as $ot No. %&1' of the ta. )ar*ara Cadastre co!ered *+ ,CT No. 6%-6 in the nae of Roana /italia.  Thee ,CT was ca Th canc ncell elled ed an and d TCT TCT No. No. 1-6-0 1-6-08 8 was was is issu sued ed in th thee naes naes of   petitioners )aranda and /italia.  The Court issued a writ of possession which Gre"orio ere2 4aria . Gotera and usana ilao refused to honor on the "round that the+ also ha!e TCT No. 5&''5 o!er  the sae $ot No. %&1'.  The Court found out that TCT No. 5&'''5 was fraudulentl+ acuired *+ ere2 Gotera and usana.  Thereafter Therea fter the court iss issued ued a writ of deolition deolition which was uestioned uestioned *+ ere2 and others so a otion for reconsideration was filed.  Another case was filed *+ )aranda and /italia (GR. N,. 65-%5 for the e7ecution of ud"eent in the resolutions issued *+ the courts.  In the eantie the CA disissed a ci!il case (GR. N,. --85' in!ol!in" the sae properties. (N,T9: This tie three cases na an" in!ol!e e7cludin" the case at  *ar.  The petitioners pra+ed that an order *e released to cancel No.T;5&''5. $i#ewise to cancel No.T;1-6-08 and once cancelled to issue new certificates of title to each of  9duardo 9duard o . )aranda )aranda and Alfonso Alfonso /italia /italia To cancel No.T;5&''5. No.T;5&''5. $i#ewise $i#ewise to cancel  No.T;1-6-08  No.T ;1-6-08 and once cancelled ca ncelled to issue new certificates of title to each of 9duardo . )aranda and Alfonso /italia.  In copliance with the order or the RTC the Actin" Re"ister of hat

is the nature of the dut+ of a Re"ister of