G.R. No. 36219 . November 24, 1931.
MARIA ELVIÑA, petitioner, vs. ENRIQUE V. FILAMOR, Judge of First Instance of Nueva Ecija, and POTENCIANA C. DOMINGO, respondents.

FACTS

Petitioner Maria Elviña filed an application for land registration. After due publication and hearing on March 16, 1931, with no opposition, the court declared a general default and rendered a decision adjudicating the lots to her. On April 23, 1931 (38 days after the decision), respondent Potenciana C. Domingo filed a motion to set aside the decision, alleging she received no personal notice of the proceeding despite being in possession of the land and having previously litigated the same property with Elviña in other cases. The trial court initially denied the motion and ordered issuance of the decree. However, upon a subsequent amended motion, the respondent judge, on July 29, 1931, issued an order setting aside the March 16 decision and reopening the case. Elviña filed this certiorari petition, arguing the respondent judge acted without jurisdiction in vacating the decision after the lapse of the 30-day period for a new trial.

ISSUE

Whether the respondent judge acted without jurisdiction in issuing the order of July 29, 1931, setting aside the default decision of March 16, 1931, in a land registration case.

RULING

No. The respondent judge acted with jurisdiction. An order of default and the decision in a registration proceeding may be set aside even after 30 days from its promulgation on grounds of fraud, surprise, or excusable negligence, provided a motion is filed within six months from the date of the decision under Section 113 of the Code of Civil Procedure, and before the Chief of the General Land Registration Office issues the decree of registration. Here, the motions to set aside were filed within six months from March 16, 1931, and the decree of registration had not yet been issued when the respondent judge issued the contested order. Therefore, the petition for certiorari is denied.

AI Generated by Armztrong.