G.R. No. 20159; March 5, 1923
HILARION TIMBOL, petitioner, vs. Honorable ANACLETO DIAZ, Judge of the Sixth Judicial District, the SHERIFF OF TARLAC and his DEPUTY, the JUSTICE OF THE PEACE OF CONCEPCION, TARLAC, and PEDRO N. LIONGSON, respondents.

FACTS

Petitioner Hilarion Timbol holds a certificate of title based on a free patent issued under Act No. 926. Respondent Pedro N. Liongson holds a Torrens certificate of title based on a decree from an ordinary land registration proceeding. Both claimed ownership of the same lot (No. 802) in a cadastral proceeding. The trial court adjudicated the land to Liongson, ruling his title prevailed over Timbol’s free patent title. Timbol filed a motion for new trial but failed to bring it to the court’s attention and did not appeal. The court later declared its decision final and ordered the issuance of a final decree and writ of possession in favor of Liongson. Timbol now petitions for certiorari, alleging the court exceeded its jurisdiction by passing upon title to already registered land in a cadastral proceeding and ordering a new final decree.

ISSUE

Whether the trial court exceeded its jurisdiction in the cadastral proceeding by determining the relative priority of two conflicting registered certificates of title and ordering the issuance of a new final decree.

RULING

No. The petition for certiorari is denied. First, certiorari is not available because Timbol appeared in the cadastral case and had an adequate remedy by appeal, which he failed to pursue. Second, the court did not exceed its jurisdiction. While it erred in ordering a new final decree (it should have ordered cancellation of both certificates and issuance of a new transfer certificate of title), this error did not go to jurisdiction. The court in a cadastral proceeding has the power to determine which of several conflicting registered titles prevails, as this is necessary for a complete settlement of title. The new decree rested on Liongson’s prior decree, which was not reopened or set aside. The court’s action essentially determined the relative rank of the two certificates, which is within its jurisdiction in cadastral cases.