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    Pajomayo Versus Manipon

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    Mishal Oisin
    The plaintiffs filed a complaint alleging ownership of a parcel of land covered by an original certificate of title issued in 1931 based on a homestead patent granted to their father. The defendants claimed ownership of the same land based on a certificate of title issued in 1957 through a cadastral proceeding. The trial court found in favor of the plaintiffs, as their certificate of title was issued earlier. The Supreme Court upheld this decision, stating that the earlier certificate of title prevails between the parties, and that a certificate of title issued based on a registered homestead patent has the force of a Torrens title.

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    Pajomayo Versus Manipon

    Uploaded by

    Mishal Oisin
    41 views1 page
    The plaintiffs filed a complaint alleging ownership of a parcel of land covered by an original certificate of title issued in 1931 based on a homestead patent granted to their father. The defendants claimed ownership of the same land based on a certificate of title issued in 1957 through a cadastral proceeding. The trial court found in favor of the plaintiffs, as their certificate of title was issued earlier. The Supreme Court upheld this decision, stating that the earlier certificate of title prevails between the parties, and that a certificate of title issued based on a registered homestead patent has the force of a Torrens title.

    Original Description:

    Land Titles and Deed

    Original Title

    10. Pajomayo versus Manipon

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    The plaintiffs filed a complaint alleging ownership of a parcel of land covered by an original certificate of title issued in 1931 based on a homestead patent granted to their father. The defendants claimed ownership of the same land based on a certificate of title issued in 1957 through a cadastral proceeding. The trial court found in favor of the plaintiffs, as their certificate of title was issued earlier. The Supreme Court upheld this decision, stating that the earlier certificate of title prevails between the parties, and that a certificate of title issued based on a registered homestead patent has the force of a Torrens title.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    41 views1 page

    Pajomayo Versus Manipon

    Uploaded by

    Mishal Oisin
    The plaintiffs filed a complaint alleging ownership of a parcel of land covered by an original certificate of title issued in 1931 based on a homestead patent granted to their father. The defendants claimed ownership of the same land based on a certificate of title issued in 1957 through a cadastral proceeding. The trial court found in favor of the plaintiffs, as their certificate of title was issued earlier. The Supreme Court upheld this decision, stating that the earlier certificate of title prevails between the parties, and that a certificate of title issued based on a registered homestead patent has the force of a Torrens title.

    Copyright:

    © All Rights Reserved
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    of 1

    MARIANO PAJOMAYO et al., plaintiffs-appellees vs.

    RODRIGO MANIPON and PERFECTA


    ZULUETA, defendants-appellants G.R. No. L-33676 30 June 1971

    FACTS:
    The plaintiffs filed a complaint alleging that they are the owners pro-indiviso of the parcel of land
    which is covered by Original Certificate of Title No. 1089 in the name of Diego Pajomayo, issued
    by the office of the Register of Deeds of Pangasinan on November 27, 1931 in virtue of a free
    patent that was granted to him; that they had acquired the land as an inheritance from their late
    father Diego Pajomayo; that they and their predecessor-in-interest had been in actual, peaceful
    and uninterrupted possession of the property in the concept of owners for a period of more than
    70 years until the early part of 1956 when the defendants dispossessed them of the property.

    On the other hand, the defendants alleged that they are the exclusive owners of a parcel of land
    covered by OCT No. 14043 issued by the office of the Register of Deeds of Pangasinan on April
    1, 1957, the land having been adjudicated to them in the cadastral proceedings of the
    Malasique cadastre and that apparently the plaintiffs are claiming the same parcel of land.

    The CFI of Pangasinan found that OCT No. 1089 was issued earlier than OCT No. 14043 and
    ruled in favor of the plaintiffs, ordering the defendants to vacate the land and the Register of
    Deeds for Pangasinan to cancel OCT No. 14034.

    ISSUES:
    Whether the Original certificate of Title issued in virtue of the homestead patent or the OCT
    issued in connection with the cadastral proceedings should prevail.

    RULING:
    The Supreme Court upheld the decision of the trial court that plaintiff’s OCT No. 1089 prevails
    over defendants’ OCT because the plaintiff’s OCT was issued on November 27, 1931 or before
    the issuance of the defendants’ OCT on April 1, 1957. The Court said that where two certificates
    of title are issued to different persons covering the same land in whole or in part, the earlier in
    date must prevail as between the original parties, and in case of successive registration where,
    more than one certificate is issued over the land the person holding under the prior certificate is
    entitled to the land as against the person who relies on the second certificate

    Further, the Court said that once a homestead patent granted in accordance with the Public
    Land Act registered pursuant to Section 122 of Act 496 (Land Registration Act), the certificate of
    title issued in virtue of said patent has the force and effect of a Torrens Title under the Land
    Registration Act.

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