LABURADA vs.

LAND REGISTRATION AUTHORITY

[G.R. No. 101387, March 11, 1998]

FACTS:
Sps. Laburada applied for the registration of Lot 3-A which was
approved by the trial court. Upon motion of petitioners, the trial court
issued an order requiring the LRA to issue the corresponding decree of
registration. However, the LRA refused. Hence, petitioners filed an action
for mandamus.
The LRA revealed that based on records, Lot 3-A which sought to be
registered by Sps. Laburada is part of Lot No. 3, over which TCT No. 6595
has already been issued. Upon the other hand, Lot 3-B of said Lot 3 is
covered by Transfer Certificate of Title No. 29337 issued in the name of
Pura Escurdia Vda. de Buenaflor, which was issued as a transfer from TCT
No. 6595. The LRA contended that to issue the corresponding decree of
registration sought by the petitioners, it would result in the duplication of
titles over the same parcel of land, and thus contravene the policy and
purpose of the Torrens registration system, and destroy the integrity of the
same.

ISSUE:
Whether or not the LRA may be compelled by mandamus to issue a
decree of registration if it has evidence that the subject land may already
be included in an existing Torrens certificate of title?

HELD:
NO. It is settled that a land registration court has no jurisdiction to
order the registration of land already decreed in the name of another in an
earlier land registration case. A second decree for the same land would
be null and void, since the principle behind original registration is to
register a parcel of land only once. Thus, if it is proven that the land which
petitioners are seeking to register has already been registered in 1904
and 1905, the issuance of a decree of registration to petitioners will run
counter to said principle. The issuance of a decree of registration is part
of the judicial function of courts and is not a mere ministerial act which
may be compelled through mandamus. It is not legally proper to require
the LRA to issue a decree of registration.
WHEREFORE, the petition is hereby DISMISSED but the case is
REMANDED to the court of origin in Pasig City. The LRA, on the other
hand, is ORDERED to submit to the court a quo a report determining with
finality whether Lot 3-A is included in the property described in TCT No.
6595, within sixty (60) days from notice. After receipt of such report, the
land registration court, in turn, is ordered to ACT, with deliberate and
judicious speed, to settle the issue of whether the LRA may issue the
decree of registration, according to the facts and the law as herein
discussed.