Cases:

Navarro v. Director of Lands

Government of the Philippine Islands v.

Trino (Sept. 21, 1927)-> Cadastral
answer may not be thrown out upon a
mere motion of adverse claimants

Requisites of Plea of Res judicata:

-> the former judgment must be final
-> it must have been rendered by a
court having jurisdiction of the subject
matter and the parties

Director of Lands v. Benitez (March 32,

1966)-> Amendment of the plan to
include additional territory

-> it must be a judgment on the

merits

De la Marced v. Court of Appeals (May

30, 1963)

-> there must be, between the first

and second actions

Title of ownership on the land is

vested upon the owner upon the
expiration of the period to appeal from
the decision or adjudication by the
cadastral court
After 1 year-> incontrovertible

a. identity of the parties

b. identity of subject matter
c. identity of cause of action

General Rule-> registration of title

under the cadastral system is final

De Luzuriaga v. Republic (June 30,

2009)-> The failure on the part of the
administrative authorities to do their
part in the issuance of the decree of
registration cannot oust the prevailing
party from ownership of the land

Exception-> Fraud
Director of Lands v. Court of Appeals
and Pastor-> Decision declaring land
as public land not a bar to a
subsequent action for confirmation of
title over the same land
Republic v. Nillas (Jan 23, 2007)->
Neither prescription nor laches may
render inefficacious a decision in a
land registration case
Rodrigues v. Toreno

Rodil v. Benedicto ( Jan. 22, 1980)->

Issuance of writ of possession
imprescriptible
False Answer, Liability of Claimant
-

-> A cadastral case is a judicial

proceeding in rem
-> Final judgment is deemed to have
settled the status of the land
-> Purported sales if not noted on the
title are deemed barred under the
principle of res judicata
Abes v. Rodil
-> the evidence both in the Cadastral
proceedings and in reconveyance
case, is directed at the question of
ownership

Cadastral court has no jurisdiction over a

petition for reconstitution

The State may criminally prosecute for perjury

the party who obtains registration through fraud,
such as by stating false assertions in the sworn
answer required of applicants in cadastral
proceedings.

Effects of Prosecution for Falsification or

Perjury of Claimant on his title
-

in personam
Not being an attack on the validity of the
cadastral titles

Hearing, Judgment and Issuance of Cadastral

Decree and Title

Republic v. Vera

-> Parties are preclude from re

litigating the same issues already
determined by final judgment

Parties are heard and their evidence considered

after which judgment is rendered
Cadastral decree and certificate of title to the
adjudicated owner is issued

The usual rules of practice, procedure and

evidence govern also cadastral vases

Duty of Sending Notices of Decisions to

Interested Parties
-

Devolves on the Clerk of Court

15 days from the date of receipt period for
taking an appeal from the decision

Nature and Effect of Final Judgment in a

Cadastral Proceeding

Costs and Expenses of Cadastral Proceedings

If the Survey is executed by
government

National Government -> onetenth

Provincial Government -> onetenth

Municipal Government -> onetenth

Taxed against all the lots and

are apportioned in accordance
with the square root of the area
of the lands -> seven- tenths

In rem- binding and conclusive upon

the whole world
->Litigations must terminate at some
definite point
->Titles over the lands under the
Torrens system should be given
stability for on it greatly depends the
stability of the countrys economy
( People vs. Cainglet)
Jurisdiction and Powers of the Cadastral
Court in Cadastral Proceedings
Under the law, the cadastral courts
may:
1. Adjudicate title to any claimant
entitle thereto
2. Declare a land public land
3. Order the correction of technical
description ( Doming vs. Santos, et al.,
55 Phil. 361)
4. Order the issuance of a new title in
place of the title issued under
voluntary registration proceedings
(Government of the P.I vs. Arias, 36
Phil. 194)
5. Determine priority of overlapping
titles ( Timbol vs. Diaz, 44 Phil. 587)
6. Order a partition of the property
(Tanedo vs. Judge, 44 Phil. 179)
Section 19, Act No. 2259

If the Survey is executed by private

surveyors

National Government -> onetenth

Provincial Government -> onetenth

Municipal Government -> onetenth

Seventh- tenths shall constitute

a first lien on the land of the
occupants or claimants the
payment of which shall be
obligatory for each of them in
conformity with the terms of the
project concerned