G.R. No. 19584; November 20, 1922
DALMACIO YUSI, LUCAS YUSI, EMITERIO AQUINO and FRANCISCO AQUINO, petitioners, vs. Honorable GUILLERMO B. GUEVARA and MARIANO CARREON, respondents.

FACTS

The Court of First Instance of Pampanga rendered a decision in a cadastral case adjudicating certain lots to the petitioners and respondent Mariano Carreon. This decision was confirmed by the Supreme Court. Subsequently, the petitioners filed a petition for review under Section 38 of the Land Registration Act, alleging that Carreon had obtained the adjudication in his favor through fraud. The trial judge denied the petition without receiving evidence, and later denied the petitioners’ motion for reconsideration and motion for a new trial. The petitioners announced their intention to appeal and presented a bill of exceptions. The respondent judge, however, refused to approve and certify the bill of exceptions, stating that the decision was final and that an ordinary appeal by bill of exceptions was not the proper remedy against the order denying the petition for review.

ISSUE

Whether an appeal by bill of exceptions lies from an order denying a petition for review under Section 38 of the Land Registration Act.

RULING

Yes. The Supreme Court granted the petition for mandamus. It held that an appeal to the Supreme Court by bill of exceptions is the proper remedy from an order denying a petition for review under Section 38 of the Land Registration Act. The respondent judge was in error for declining to receive and certify the bill of exceptions, which was presented within the time prescribed by law. The Court ordered the respondent judge to certify the bill of exceptions and transmit it to the Supreme Court.