Land Digest Ch 11

Chapter 11 Heirs of Marciano Nagano v. CA FACTS Respondents filed a complaint for declaration of nullity of OCT in the name of heirs of Marciano. They allege that issuance was with fraud committed by Valerio. Valerio committed perjury by attested that subject lot was not occupied or being claimed by other persons. Defendants argued that said land was owned by their P-i-D (Mallari and Jamlig) and they are in possession of the land since 1920. They discovered that their land was registered by Valerio in the name of Marciano Ngano. They demanded from Valerio to execute necessary docs to segregate their land from the land bought by Marciano. Valerio refused. RTC in favor of petitioner saying that action should be filed by the OSG. CA reversed saying that 1 yr prescription does not apply because said action was to declare said titles null and void. ISSUE Prescribed? HELD No. The free patent issued is null and void. Also, claim of possession of defendants of the land which is illegally included in the title is imprescriptible.

Secuya v. Vda. De Selma FACTS Petitioners filed an action for quieting of title. Petitioner’s version: Friar Land was sold to Maxima Caballero. Caballero entered into an agreement of partition with Paciencia Sabellona where Caballero bound herself to give 1/3 of the land to Sabellona. Sabellona occupied that land and later on sold to Dalmacio Secuya through a private document which was admitted by the only heir of Sabellona. Dalmacio took the land and let the husband of his niece to build a house there and lie there up til now. Secuya died. Selma bought a big land which the disputed land is included. Defendant’s version: Selma is the reg owner of the subject land which she bought from Cesaria Cabaleero as evidenced by a notarized deed of sale. Cesaria is the widow of Aro, who died. She inherited the said land and sold it to Selma. RTC and CA ruled in favor or def. ISSUE: WON the transfer of land bet Maxima Caballero and Pacencia Sabellona valid. HELD The agreement is a trust and not a partition because parties are not co-owners. Heirs of Caballero sold the land to Aro. Private document was not presented. It is not binding upon third persons. Ramon’s status as heir of Paciencia was not established properly.

DE Guzman, Jr. v. Natioinal Treasurer FACTS: Spouse Milambing purchased a land in Rizal. They bought it when they were already civilly married but it was registered in the Maiden name of Asuncion because she was conservative. When they got married they planned to go to Europe and then Saudi. Before leaving they entrusted the deed of sale and the cert which is still in the name of Sta. Lucia Realty Co to a long-time friend Marilyn Belgica. She volunteered to register the sale in the spouses’ name. Belgica called the spouses and told the spouses that it waw already transferred in their name. She told them that she will deliver it to them personally but when Belgica arrived in Saudi, she told the spouses the she left the title in Phil. Milambing called up her family in Phil to inquire in RD about the title. They found out that the title was indeed issued in their names but was subsequently cancelled and transferred in favor of spouses De Guzman. They found out that an impostor of the spouses Milambing sold the land to De Guzman. Milambing went home and filed a case in RTC to declare the nullity of sale and title. RTC ruled in favor of Milambing. CA affirmed. SC affirmed. De Guzman filed an action for damages against Assurance Fund, National Treasure, and RD. RTC ruled in favor of De Guzman.CA reversed. ISSUE: WON Assurance Fund liable. HELD: NO. De Guzman was not able to prove the loss or damages they got because of the mistake,malfeance, or omission by the RD and court personnel. They were not deprived of land by reason of mistake of fault of the government. De Guzman is also negligent.

Vios v. Pantangco Facts: EJECTMENT CASE Pantangco filed a case for ejectment against Vios. Pantangaco alleged that:(91) He is a co-owner (2) prior to his purchase,he inquire from the petitioners if they are interested to buy the land. when Petitioners responded that they were not interested, defendant gave them 1 week to vacate the premises from his purchase (3) petitioners refused to vacate (4) he filed the complaint Petitioners denied the allegations of defendant. They alleged (1) the property is unclassified public forest (2) said land was owned by Alfredo where they acquired their rights through a document entitled “waiver” (3) Pantangco’s title is fake because said title originated from a nullified title (4) assuming the title is valid, the property it covers is different from the premise they occupy. MTC decided in favor of Pantangco. Vios filed a petition to quash the execution of the decision of MTC because according to him, his lawyer which who received said notice already withdrawn as his counsel before the judgment, hence he did not receive the notice. Sheriff still implemented the writ of execution of the judgment. CERTIORARI Petitoner filed a certiorari in the RTC. RTC decided in favor of Vios saying that since there is lack of notice to the petitioners, the decision has not become final and executor. It also ordered the return of land in favor of the petitioner. Vios filed for immediate execution of RTC decision but was denied because of MR. MR was denied so Vios filed for 2nd immediate execution of judgment which was granted. Pantangco filed with CA for the declaration of nullity of the decision of RTC. CA ruled in favor of VIOS saying that vios filed a motion to be furnished a copy of the decision 2 days before its finality. It would deprived Vios’ right if the decision of MTC is executed. Issue:

Heirs of Toribio v. Sacabin Facts Petitioner’s P-i-D Toribio Waga filed a Free Patent Application for a parcel of land. Free patent and OCT were issuedin the name of the Heirs. Isabelo Sacabin filed a protest before DENR saying that around 500sq m were erroneously included in the Land owned by the Heirs. DENR region x issued a decision recommending that an action be taken by the Dir of Lands for segrating said land. Dir lands failed to act so respondent filed a case. RTC found that defendant and his P-i-D have been in possession of the contested part of the land in an OCEN manner since 1940. RTC ruled in favor defendants. CA affirmed. ISSUE: WON the action for reconveyance of said parcel of land already prescribed. HELD NO. Respondent’s Possession of the land since 1940 is uncontroverted. 2 surveys were done by the special inspector and said that there was actually wrong reg. An action for reconveyance of property respects the decree of registration as incontrovertible and merely seeks the transfer of the property wrongfully or erroneously registered in another’s name to its rightful owner or to one who claims to have a better right. However, the ten-year prescriptive period for an action for reconveyance is not applicable where the complainant is in possession of the land to be reconveyed and the registered owner was never in possession of the disputed property.12 In such a case, the action for reconveyance filed by the complainant who is in possession of the disputed property would be in the nature of an action to quiet title which is imprescriptible