G.R. No. 121270 August 27, 1998
ENRICA QUEVADA and SPOUSES CIRILO and ANGELINA QUEVADA, petitioners, vs. POMPOSA GLORIOSO and ESTELITO, MANOLITO and ADORADO all surnamed CERRUDO, and the COURT OF APPEALS (Twelfth Division).

FACTS

The case involves a dispute over one-half (1/2) of a parcel of land in Sariaya, Quezon. Antonio Cerrudo acquired the land during his marriage to Pomposa Glorioso. He died intestate in 1923, leaving his wife Pomposa and son Pablo as heirs. The land was registered in Antonio’s name under Original Certificate of Title (OCT) No. 8204 on August 1, 1925. In 1934, Antonio’s son Pablo purportedly executed a public instrument ceding one-half (1/2) of the property to his aunt, Gregoria Cerrudo (his father’s only sibling). The instrument was signed by Pablo, his mother Pomposa, his aunt Gregoria, and two witnesses, and acknowledged before a Notary Public on November 14, 1931. Pablo died in 1934, survived by his wife Roberta Nañez, his three children (Estelito, Manolito, and Adorado Cerrudo), and his mother Pomposa. In 1948, Gregoria filed a “Petition for Inscription” in the cadastral case, praying for annotation of the 1931 instrument on OCT No. 8204. Attached was a “Joint Affidavit” signed by Pablo’s wife Roberta and thumbmarked by his mother Pomposa, confirming the instrument. The Court of First Instance granted the petition on June 5, 1948, and the Register of Deeds annotated the entries on the title. In 1978, Gregoria sold her undivided portion to her children Enrica and Cirilo Quevada and Cirilo’s wife Angelina. When the Quevadas tried to subdivide the property, the Cerrudos refused. In 1979, the Cerrudos filed an action to declare the nullity of the affidavit, the deed of sale, and the 1948 court order, and to cancel the annotations. The trial court ruled in favor of the Cerrudos, declaring the 1948 order and the deed of sale void, and ordering the Quevadas to vacate and pay rentals. The Court of Appeals affirmed the trial court with modifications.

ISSUE

The primary issue is the validity of the Order dated June 5, 1948, issued by the Court of First Instance granting the “Petition for Inscription” of the 1931 public instrument, and the consequent validity of the deed of sale executed by Gregoria Cerrudo in favor of the Quevadas.

RULING

The Supreme Court AFFIRMED the decision of the Court of Appeals. The Court held that the 1948 Order was issued in excess of or want of jurisdiction. The petition for inscription was, in substance, a petition for reconstitution of title or for amendment of title, which required a direct proceeding where all interested parties are made parties and duly notified. The cadastral court, acting as a land registration court, had no jurisdiction to order the annotation of the 1931 instrument because it involved a controversial issue of ownership—whether Gregoria was a co-owner—which required a full-blown trial. The annotation was therefore void. Consequently, Gregoria had no valid title to convey, rendering the 1978 deed of sale void. The Quevadas, as possessors in bad faith (aware of the flaw in their title), were ordered to vacate the property and pay rentals of P200.00 per month from June 1978 until they vacate.