Univ. of The Phil. vs. Segunda Rosario (Cases#21)

UNIVERSITY OF THE PHILIPPINES-Petitioner
VS.
SEGUNDINA ROSARIO-Respondent
GR. NO. 136965 March 28, 2001
FACTS:
On September 7, 1971, Datu Ditingke Ramos filed with the Court of
First Instance, Quezon City, an application for registration of title covering a
parcel of land situated in Quezon City, with an area of One Hundred
Thousand (100,000) square meters and covered by Plan (LRC) SWO-
15055, as amended.
On August 31, 1972, petitioner University of the Philippines filed with

the trial court a motion for intervention in the case, claiming that the land
covered by the application by Datu Ditingke Ramos is within its property
described in Transfer Certificate of Title No. 9462.
In March 15, 1973, herein petitioner filed with the trial court an
opposition and motion to dismiss Datu Ditingke Ramos' application for
registration.
On May 8, 1974, the Commissioner of Land Registration issued

Decree No. N-150604 in favor of Rosario Alcovendas Vda. de Ramos,
pursuant to which the Register of Deeds of Quezon City issued OCT No.
17 in her name.
On November 21, 1976, the Register of Deeds of Quezon City cancelled

OCT No. 17 and issued Transfer Certificate of Title No. 223619 also in the
name of Rosario Alcovendas Vda. de Ramos due to errors in the technical
description.
On February 23, 1988, Rosario Alcovendas Vda. de Ramos executed

a deed of absolute sale in favor of Segundina Rosario covering the parcel
of land embraced in Transfer Certificate of Title No. 223619.
On June 11, 1988, fire razed the Quezon City Hall Building which
housed the Office of the Register of Deeds of Quezon City. Transfer
Certificate of Title No. 223619 was one of the titles destroyed by the fire.
Univ. Of the Phil. Vs. Segundina Rosario Page | 1 of 3

GR No. 136965
Subsequently, Segundina Rosario requested the Register of Deeds
to reconstitute Transfer Certificate of Title No. 223619 resulting in the
issuance of Transfer Certificate of Title No. RT-78195 (223619).
On March 11, 1993, U.P. filed with the Regional Trial Court, Branch
21, Quezon City a petition for the cancellation of Transfer Certificate of Title
No. (N-126671) 367316 naming Segundina, Bugnay Construction and
Development Corporation and the Register of Deeds of Quezon City,
among others, as respondents.
On November 10, 1994, Segundina caused the registration with the

Register of Deeds of the deed of absolute sale. Consequently, the Register
of Deeds issued Transfer Certificate of Title No. 121042 in Segundina's
name, resulting in the cancellation of Transfer Certificate of Title No. RT-
78195(223619).
On November 19, 1996, after the parties had presented their

respective evidence, U.P. filed an amended petition alleging that it is the
true, absolute and registered owner of a parcel of land covered by Transfer
Certificate of Title No. 9462 of the Register of Deeds of Quezon City and
that the unlawful acts of ownership being exercised by Segundina and
Bugnay Construction and Development Corporation as well as the
existence of their spurious certificates of title, create a cloud of doubt on the
title of U.P.
In its third cause of action, U.P. prayed that Transfer Certificate of

Title No. 121042 or the reconstituted titles or derivatives thereof be
declared null and void ab initio for being spurious and fraudulently issued.
ISSUE:
Whether or not the signature and approval of the Director of Lands
over the survey plan renders the land title applied void ab initio.
HELD:
P. D. No. 1529 requires the Director of Lands to sign and approve the
survey plan for the land applied for, otherwise, the title is void.
SECTION 17. What and where to file — The application for land

registration shall be filed with the Court of First Instance of the
GR No. 136965
province or city where the land is situated. The applicant shall file
together with the application all original muniments of titles or copies
thereof and a survey plan approved by the Bureau of Lands.
The clerk of court shall not accept any application unless it is

shown that the applicant has furnished the Director of Lands with a
copy of the application and all the annexes.
No plan or survey may be admitted in land registration proceedings

until approved by the Director of Lands. The submission of the plan is a
statutory requirement of mandatory character. Unless a plan and its
technical description are duly approved by the Director of Lands, the same
are of no value.
Thus, the allegation that the signature approval for the survey plan
was nowhere to be found is an important jurisdictional fact that must be
ventilated before the trial court. In Republic v. Intermediate Appellate
Court, this Court stated that "void ab initio land titles issued cannot ripen
into private ownership." Thus, as OCT No. 17 is void and Segundina traces
her rights to OCT No. 17, her claim would have no basis as a spring cannot
rise higher than its source.
Whether the land covered by OCT No. 17 is inside decreed property

is an issue of fact that can be best determined by the trial court after an
examination of the evidence. We find meritorious the trial court's rationale
for denying Segundina's motion to dismiss.
Pending final ruling on the merits of the case, Segundina's motion to

cancel the notice of lis pendens must be denied.

GR No. 136965

Univ. of The Phil. vs. Segunda Rosario (Cases#21)

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UNIVERSITY OF THE PHILIPPINES-Petitioner

On August 31, 1972, petitioner University of the Philippines filed with

On May 8, 1974, the Commissioner of Land Registration issued

On November 21, 1976, the Register of Deeds of Quezon City cancelled

On February 23, 1988, Rosario Alcovendas Vda. de Ramos executed

Univ. Of the Phil. Vs. Segundina Rosario Page | 1 of 3

On November 10, 1994, Segundina caused the registration with the

On November 19, 1996, after the parties had presented their

In its third cause of action, U.P. prayed that Transfer Certificate of

SECTION 17. What and where to file — The application for land

The clerk of court shall not accept any application unless it is

No plan or survey may be admitted in land registration proceedings

Whether the land covered by OCT No. 17 is inside decreed property

Pending final ruling on the merits of the case, Segundina's motion to

Univ. Of the Phil. Vs. Segundina Rosario Page | 3 of 3

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