G.R. No. L-5704 June 17, 1953
REGINO CRUZ, petitioner, vs. THE HON. BIENVENIDO A. TAN, Judge of the Court of First Instance of Rizal, respondent.

FACTS

Petitioner Regino Cruz filed a sworn motion in the Court of First Instance of Rizal (in the original land registration cases where the parcel was registered). He alleged that he is a Filipino, of age, and married to Fausta Mendoza. His father, Simeon de la Cruz, purchased on installment basis Sublot No. 50-H-5-C-9-J-51 in Ugong, Pasig, Rizal, from Ortigas, Madrigal & Company in 1932. The petitioner purchased this sublot from his father before the latter’s death, continued paying the installments, and upon full payment, Ortigas, Madrigal & Company delivered to him Transfer Certificate of Title No. 17035. His father died in 1939 and his mother Nicolasa Santos in 1942, leaving four children: Apolonia, Eufemia, Cornelia, and the petitioner Regino, all surnamed Cruz. The sale in his favor was recognized and confirmed by his three sisters via an affidavit. His lawyer later discovered that TCT No. 17035 was issued in the name of his deceased father, Simeon de la Cruz. He thus prayed that the court order the Register of Deeds of Rizal to erase the name of Simeon de la Cruz and substitute it with his name, Regino Cruz. His three sisters noted at the foot of the motion that they had no objection. Ortigas, Madrigal & Company, in a “Constancia y Clarificacion,” stated it had no interest in the sublot and that the name Fausta Mendoza appeared as the wife of the deceased Simeon de la Cruz based on information given by the petitioner himself. On March 22, 1952, respondent Judge denied the petition and a subsequent motion for reconsideration, ruling that he could not order the substitution without giving the deceased an opportunity to defend himself in an ordinary action. Regino Cruz then filed this petition for certiorari with the Supreme Court.

ISSUE

Whether the respondent Judge acted with grave abuse of discretion in denying the petitioner’s motion, filed under Section 112 of Act No. 496 (the Land Registration Act), to order the Register of Deeds to cancel TCT No. 17035 in the name of Simeon de la Cruz and issue a new one in the name of Regino Cruz.

RULING

The Supreme Court GRANTED the petition. The order of the respondent Judge dated March 22, 1952, was revoked. The respondent Judge was ordered to issue another order directing the Register of Deeds of Rizal to cancel Transfer Certificate of Title No. 17035 and issue a new one in the name of Regino Cruz, married to Fausta Mendoza.
The Court held that the petitioner erred in his prayer to simply erase and substitute names; he should have prayed for the cancellation of the transfer certificate of title and the issuance of a new one. The danger pointed out by the respondent Judge that other interested parties might be deprived of their rights was remote, as the three co-heirs of Regino Cruz concurred with the allegations in the motion. Initiating intestate proceedings was unnecessary if the co-heirs could amicably partition the estate among themselves and the deceased had no debts; they are not obliged to incur the expenses of an intestate proceeding (Rule 74, Sec. 1). An ordinary civil action was also unnecessary because, under the Land Registration Act, all petitions and motions pursuant to its provisions must be filed in the original registration case to avoid confusion and to maintain a clear chain of title. Section 112 of Act No. 496 authorizes the court, upon petition of any party and with notice to interested parties, to order the cancellation of a certificate of title issued to one who has ceased to be owner and the issuance of a new one to the new owner. This was the relief the petitioner sought. With no opposition, and with the conformity of his three co-heirs, the respondent Judge should have issued the corresponding order.