G.R. No.

L-28565 January 30, 1971

IN RE: APPLICATION FOR REGISTRATION OF TITLE.

SPOUSES FRANCISCO LAHORA and TORIBIA MORALIZON, petitioners-appellants,

vs.
EMILIO DAYANGHIRANG, JR., and THE DIRECTOR OF LANDS, oppositors-appellees.

FACTS:

Appellants petitioned the Court of First Instance of Davao for registration of nine (9) parcels of
land located in barrio Zaragosa, municipality of Manay, province of Davao, one-half of which
having been acquired by appellant Toribia Moralizon allegedly by inheritance, and the other half
by purchase and by continuous, open, public and adverse possession in the concept of owner.
One of the said parcels of land is identified as lot No. 2228, plan SWO-36856, Manay Cadastre.

The petition was opposed by Emilio Dayanghirang, Jr., who alleged that lands belonging to him
and his wife were included in the application for registration, mentioning specifically Lot No.
2228 which was said to be already covered by Original Certificate of Title No. P-6055 in the
name of oppositor's wife. The Director of Lands also filed an opposition to the petition,
contending that the applicants or their predecessors-in-interest never had sufficient title over the
parcels of land sought to be registered, nor have they been in open, continuous, and notorious
possession thereof for at least 30 years.

Counsel for the private oppositor filed a motion for correction of the number of the certificate of
title covering Lot No. 2228, erroneously referred to as OCT No. P-6055, when it should properly
be OCT No. P-6053. It is likewise prayed in the same motion that the petition be dismissed
insofar as it includes Lot No. 2228, for the reason that said lot was already registered and titled
in the name of oppositor's wife as of 21 June 1956. In its order the court granted the oppositor's
motion and directed the dismissal of the petition as regards Lot No. 2228, on the ground that it
having been previously registered and titled, said parcel of land can no longer be the subject of
adjudication in another proceeding. Hence, this appeal.

ISSUE: Whether or not the certificate of title issued by virtue of public land patent is irrevocable.

HELD: NEGATIVE

The rule in this jurisdiction, regarding public land patents and the character of the certificate of
title that may be issued by virtue thereof, is that where land is granted by the government to a
private individual, the corresponding patent therefor is recorded, and the certificate of title is
issued to the grantee; thereafter, the land is automatically brought within the operation of the
Land Registration Act, the title issued to the grantee becoming entitled to all the safeguards
provided in Section 38 of the said Act. In other words, upon expiration of one year from its
issuance, the certificate of title shall become irrevocable and indefeasible like a certificate
issued in a registration proceeding.