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    Government-Vs - Abural-07 25 2021

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    Jaya Gwen
    This case discusses when registration of title under the Torrens System and Cadastral System becomes final, conclusive, and indisputable. It involves a land title claim over Lot 1608 by Victoria Siguenza that was adjudicated in her favor. Eight months later, Vazquez and Gayares sought to reopen the case, but their motion was denied. The Court ruled that registration becomes final after 30 days if no appeal is filed. It is final once the prevailing party receives a certificate of title, except in cases of proven fraud. Here, no appeal was filed within the deadline, so the judgment was deemed final and the appeal was dismissed.

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    Government-Vs - Abural-07 25 2021

    Uploaded by

    Jaya Gwen
    83 views2 pages
    This case discusses when registration of title under the Torrens System and Cadastral System becomes final, conclusive, and indisputable. It involves a land title claim over Lot 1608 by Victoria Siguenza that was adjudicated in her favor. Eight months later, Vazquez and Gayares sought to reopen the case, but their motion was denied. The Court ruled that registration becomes final after 30 days if no appeal is filed. It is final once the prevailing party receives a certificate of title, except in cases of proven fraud. Here, no appeal was filed within the deadline, so the judgment was deemed final and the appeal was dismissed.

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    Government-vs.-Abural-07.25.2021

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    This case discusses when registration of title under the Torrens System and Cadastral System becomes final, conclusive, and indisputable. It involves a land title claim over Lot 1608 by Victoria Siguenza that was adjudicated in her favor. Eight months later, Vazquez and Gayares sought to reopen the case, but their motion was denied. The Court ruled that registration becomes final after 30 days if no appeal is filed. It is final once the prevailing party receives a certificate of title, except in cases of proven fraud. Here, no appeal was filed within the deadline, so the judgment was deemed final and the appeal was dismissed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    83 views2 pages

    Government-Vs - Abural-07 25 2021

    Uploaded by

    Jaya Gwen
    This case discusses when registration of title under the Torrens System and Cadastral System becomes final, conclusive, and indisputable. It involves a land title claim over Lot 1608 by Victoria Siguenza that was adjudicated in her favor. Eight months later, Vazquez and Gayares sought to reopen the case, but their motion was denied. The Court ruled that registration becomes final after 30 days if no appeal is filed. It is final once the prevailing party receives a certificate of title, except in cases of proven fraud. Here, no appeal was filed within the deadline, so the judgment was deemed final and the appeal was dismissed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 2

    Government vs. Abural GR No.

    14167

    Facts: This case is about when does the registration of title under the Torrens
    System especially under the different Philippine Laws establishing Cadastral
    system, become final, conclusive, and indisputable. Cadastral proceedings were
    commenced in Hinigaran, Occidental Negros on June 16, 1916.
    Victoria Siguenza presented an answer asking for registration in his name of
    lot No. 1608. Meanwhile, Vazquez and Gayares did not enter any opposition to
    the said lot.
    Eight months later, Vazquez and Gayares came into the case for the first time.
    They asked the judgment of the court be annulled and that the case be
    reopened to receive proof relative to the ownership of the lot. Counsel for
    Siguenza answered by countermotion, asking the court to dismiss the motion.
    The Court denied the motion for new trial on the theory that there being a
    decree already rendered and no allegation of fraud have been made. The
    petitioners have not raised the question of fraud, nor they asked to be relieved
    from a judgment or order. As a matter of fact, they could not well claim fraud
    because all the proceedings were public and free from any suspicion of
    chicanery.

    Issue: When the registration of title under the Torrens System especially under
    the different Philippine Laws establishing Cadastral system, become final,
    conclusive, and indisputable.

    Ruling: The Court ruled that 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 an 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. In this case, the judgment of CFI 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. The court has no jurisdiction, and the appeal
    was dismissed.

    Concepts (LTD):

    Torrens System – The prime purpose of the Torrens System as established in


    Act No. 496 is to decree land titles that shall be final, irrevocable, and
    indisputable.
    Cadastral System – The purpose of Cadastral System as established in
    Cadastral Act No. 2259, is proper incontestability of title like in Torrens
    System.
    Section 1, Cadastral Act – The purpose is to serve the public interest, by
    requiring that the titles to any lands be settled and adjudicated.
    Three actions after trial in Cadastral Case –
     Adjudicates ownership I favor of the one of the claimants. This
    'constitutes the decision—the judgment—the decree of the court.
     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
     Last action devolves upon the General Land Registration Office
    General Land Registration Office – It has been instituted for the due
    effectuation and accomplishment of the laws relative to the registration of land
    (Admin Code of 1917, sec. 174).

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