GR 39512; (June, 1934) (Digest)
G.R. No. 39512; June 29, 1934
CRISANTO LICHAUCO, ET AL., applicants-appellants, vs. HEREDEROS DE CAYETANO CORPUS, ET AL., movants-appellees.
FACTS
In 1905, the Court of Land Registration adjudicated a tract of land (Hacienda “El Porvenir”) to appellants Crisanto Lichauco, et al., based on an 1886 survey by Rocafull. In 1922, the appellants filed a new survey (Psu-17590) and petitioned to amend the original land description and obtain new certificates of title. The court granted the petition without new publication or notice to the appellees, who claimed ownership of portions of the land newly included in the amended survey. The amended survey increased the land area by approximately 291 hectares compared to the original Rocafull survey.
ISSUE
Whether the court, under Section 112 of the Land Registration Act (Act No. 496), had jurisdiction to issue the amended decrees and certificates of title based on the new survey without new publication and notice to affected parties.
RULING
No. The Supreme Court affirmed the trial court’s judgment declaring the 1922-1923 decrees null and ordering cancellation of the new certificates. The Court held that the proceedings constituted a substantial revision of the original 1905 decree, not a mere correction of an error, omission, or mistake under Section 112 of Act No. 496. The significant increase in area and inclusion of lands not part of the original petition required a new registration proceeding with proper publication and notice to afford due process to the affected claimants. The decrees were void for lack of jurisdiction.
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