G.R. No. L-46015; April 18, 1939
LIBERATO JIMENEZ, claimant-appellee, vs. INES DE CASTRO, ET AL., oppositors-appellants.

FACTS

Maria de Castro, the registered owner of several lots under the Torrens system, died without ascendants or descendants, leaving only siblings as her heirs. Liberato Jimenez, claiming to have lived maritally with the deceased, filed an application in the cadastral case for subdivision of the lots, asking for half to be adjudicated to him and the other half to the siblings. The siblings opposed and asked for cancellation of the old titles and issuance of new ones in their names as heirs. The lower court denied Jimenez’s application, which he did not appeal. The siblings then moved for reconsideration and new titles, which was also denied, prompting their appeal.

ISSUE

Whether the court should order the cancellation of the certificates of title in the name of the deceased Maria de Castro and the issuance of new ones in the names of her heirs, despite the claim of a third party (Jimenez) to an ownership interest in the properties.

RULING

No. The Supreme Court affirmed the lower court’s order denying the siblings’ motion. While under Government of the Philippine Islands vs. Serafica, heirs are generally entitled to petition for cancellation of old titles and issuance of new ones under section 112 of Act No. 496 without prior declaration of heirs or intestate proceedings, this remedy is not proper when a third party asserts an adverse claim of ownership. Here, Jimenez’s claim to an undivided half of the lots constitutes an opposition that bars the summary proceeding under Section 112. The proper procedure is to institute intestate proceedings for the deceased and appoint an administrator, against whom Jimenez can file an ordinary action to assert his claim. The result of that action will then determine the proper cancellation and issuance of titles.

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