GR L 10751; (March, 1916) (Digest)
G.R. No. L-10751; March 29, 1916
THE GOVERNMENT OF THE PHILIPPINE ISLANDS, applicant-appellee, vs. MARIA CABALLERO Y APARICI, objector-appellant.
FACTS:
This is a cadastral proceeding for the compulsory registration of lands in Iloilo. The appellant, Maria Caballero, held a Torrens title (issued in 1912 under Record No. 1894) covering a parcel of land. In the cadastral survey, this land was designated as Lot No. 5 and an adjoining portion as Lot No. 5-a. Caballero claimed that her original Torrens title covered not only Lot No. 5 but also Lot No. 5-a. Upon her motion, the court ordered a verification by the Bureau of Lands surveyor. The surveyor’s report confirmed that her title called for “all of lot No. 5 and in addition lot No. 5-a.” Despite this, the lower court issued a final order directing that in the new certificate of title to be issued pursuant to the cadastral proceedings, Lot No. 5-a be excluded from Caballero’s title. Caballero appealed this order.
ISSUE:
Whether a portion of land (Lot No. 5-a) already covered by a final and valid Torrens title can be excluded from the registered owner’s title and issued to another person in a subsequent cadastral proceeding.
RULING:
No. The Supreme Court reversed the order of the lower court. The Court held that the appellant’s Torrens title, which had long become final, indisputably covered Lot No. 5-a. There was no legal basis to deprive her of a part of her titled land through the cadastral proceeding. While the administration of the Cadastral Act (Act No. 2259) may necessitate the issuance of new certificates for lands already under the Torrens system within a cadastral survey, any new certificate must encompass all the land included in the original, valid title. The Court found the appellant’s position clear and required no further discussion. The appealed order was reversed. No costs were awarded.
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