Government vs. Albural

THE GOVERNMENT OF THE PHILIPPINE ISLANDS, petitioner and appellee.
ANTIPAS VAZQUEZ and BASILIO GAYARES, Petitioners-Appellants, v. RUFINA

ABURAL ET. AL., objectors-appellees.
G.R. No. 14167

MALCOLM, J. :
FACTS:
Cadastrial proceedings were commenced in the municipality of Hinigaran, Province of
Occidental Negros, upon an application of the Director of Lands, on June 16, 1916. Among
others, Victoriano Siguenza presented an answer asking for registration in his name of lot No.
1608. The instant petitioners, Antipas Vazquez and Basilio Gayares did not enter any opposition
as to this lot.
Eight months later, but before the issuance by the Land Registration Office of the so-called
technical decree, Antipas Vazquez and Basilio Gayares, the latter as the guardian of the minor
Estrella Vazquez, came into the case for the first time. The petitioners, after setting forth the
right of ownership in lot No. 1608, asked that the judgement of the court be annulled and that the
case be reopened to receive proof relative to the ownership of the lot. Counsel for Victoriano
Siguenza answered by counter-motion, asking the court to dismiss the motion presented on
behalf of Vazquez and Gayares. The Court DENIED the motion for a new trial on the theory that
there being a decree already rendered and no allegation of fraud have been made, the court
lacked jurisdiction.
ISSUES:
1.) When does the registration of title, under the Torrens System of Land Registration,
become final, conclusive, and indisputable?
2.) Whether or not the Supreme Court has jurisdiction over the appeal.
RULING:
The prime purpose of the Torrens System is, as has been repeatedly stated, to decree land titles
that shall be final, irrevocable, and indisputable. Incontestability of title is the goal. All due
precaution must accordingly be taken to guard against injustice to interested individuals who, for
some good reason, may not be able to protect their rights. Nevertheless, even at the cost of
possible cruelty which may result in exceptional cases, it does become necessary in the interest
of the public weal to enforce registration laws.
Under the Torrens System proper, whether action shall or shall not be taken is optional with the
solicitant. Under the Cadastral System, pursuant to initiative on the part of the Government, titles
for all the land within a stated area, are adjudicated whether or not the people living within this
district desire to have titles issued. The purpose, as stated in section one of the Cadastral Act
(NO. 2259), is to serve the public interests, by requiring that the titles to any lands "be settled
and adjudicated."cralaw virtua1aw library
After trial in a cadastral case, three actions are taken. The first adjudicates ownership in favor of
one of the claimants. This constitutes the decision — the judgment — the decree of the court.
The second action is the declaration by the court that the decree is final and its order for the
issuance of the certificates of title by the Chief of the Land Registration Office. Such order is
made if within thirty days from the date of receipt of a copy of the decision no appeal is taken
from the decision. The third and last action devolves upon the General Land Registration Office.
As a general rule, registration of title under the cadastral system is final, conclusive and
indisputable, after the passage of the thirty-day period allowed for an appeal from the date of
receipt by the party of a copy of the judgment of the court adjudicating ownership without any
step having been taken to perfect an appeal. The prevailing party may then have execution of the
judgment as of right and is entitled to the certificate of title issued by the chief of the Land
Registration Office. The exception is the special provision providing for fraud.
It appearing that the judgment of the Court of First Instance of Occidental Negros of September
21, 1916, has become final, and that no action was taken within the time provided by law for the
prosecution of an appeal by bill of exceptions, this court is without jurisdiction. Accordingly the
appeal is dismissed with costs against the appellants. So ordered.

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THE GOVERNMENT OF THE PHILIPPINE ISLANDS, petitioner and appellee.

ANTIPAS VAZQUEZ and BASILIO GAYARES, Petitioners-Appellants, v. RUFINA

G.R. No. 14167

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