G.R. No. L-6537 / November 13, 1911
PILAR GIL, executrix of the last will and testament of deceased Manuel Murciano, petitioner-appellee, vs. SILVINO LOPEZ, opponent-appellant.

FACTS

Pilar Gil, as the executrix of the last will and testament of the deceased Manuel Murciano, filed a proceeding in the Court of Land Registration to register a property in her name as executrix. The Land Court granted the application and ordered the issuance of a certificate of title in her favor. Silvino Lopez appealed the judgment.

ISSUE

Whether an executrix, without any showing that the will conferred upon her an interest in the land of the deceased, is the proper party to register title to such land under the Land Registration Act.

RULING

No. The Supreme Court reversed the judgment of the lower court and dismissed the application. The Court held that the Land Registration Act does not authorize an administrator to register title to land owned by the intestate, and this principle applies equally to an executrix when the record does not show that the will granted the executrix any interest in the land. Although this issue was not raised by the parties in the lower court or on appeal, the Court deemed it its duty to raise it sua sponte (on its own initiative) to prevent misleading innocent purchasers or encumbrancers who might rely on the Court’s sanction of the registration. The Court also noted that where the cause of action is brought in the name of a party who is not the real party in interest, the judgment cannot stand due to a failure of proof. The reversal is without prejudice to the defeated party’s right to seek reargument.