GR L 2842; (December, 1949) (Digest)
G.R. No. L-2842 December 29, 1949
JOSE T. VALMONTE and JOSE R. JACINTO, petitioners, vs. MARIANO NABLE, Judge of the First Instance of Nueva Ecija, and JULIO VALMONTE and HIS CO-HEIRS, respondents.
FACTS
In a cadastral proceeding, lot No. 1361 was adjudicated to Teodora Navarro, subject to an encumbrance in favor of spouses Jose R. Jacinto and Tomasa Goduco. Teodora later sold portions of the lot to Jacinto and assigned her right of repurchase to Jose T. Valmonte. Subsequently, other heirs of Teodora’s parents filed a separate civil case (Civil Case No. 176) against Jacinto and Valmonte, claiming that Teodora’s sales were void due to her mental incapacity and fraud, and that the lot should be partitioned among all heirs. Petitioners Jacinto and Valmonte moved for the issuance of a final decree over the lot in the cadastral case. Respondent Judge Nable suspended the issuance pending the outcome of Civil Case No. 176 and compliance with a prior order for subdivision of the lot. Petitioners sought certiorari and mandamus to annul that order and compel issuance of the final decree.
ISSUE
Whether a cadastral court may suspend the issuance of a final decree over an adjudicated lot pending the resolution of a separate civil case challenging the adjudicatee’s ownership and pending compliance with a subdivision order.
RULING
Yes. The Supreme Court denied the petition, upholding the respondent judge’s discretion. The issuance of a final decree is not a ministerial act but a judicial function. The decision in a cadastral case does not become incontrovertible until one year after the final decree’s entry, during which it may be reopened for fraud. The pending civil case, which alleges fraud and breach of trust, could vitally affect the cadastral decision and may constitute res judicata. Additionally, technical steps such as amending plans and descriptions following a subdivision order must be completed before a final decree can properly issue. Therefore, the cadastral court acted within its sound discretion in suspending the decree’s issuance.
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