JUDGMENT

JUDGMENT
Judgement confirming title

• Sec. 29 PD No. 1529
All conflicting claims of ownership and interest in the land subject of the
application shall be determined by the court. If the court, after
considering the evidence and the reports of the Land Registration
Administrator and the Director of Lands, finds that the applicant or the
oppositor has sufficient title proper for registration, judgment shall be
rendered confirming the title of the applicant, or the oppositor, to the
land or portions thereof.
Only judgments and processes received by the Solicitor General bind the government
•Office of the Solicitor General represents the government in all land registration and
related proceedings, and institutes action for reversion to the government of lands of
the public domain as well as lands held in violation of the Constitution (Chap. 12 ,
Title III, EO No. 292 or Administrative Code of 1987).
•In a land registration case, it appears that although the OSG requested the city
fiscal to represent him at the trial court, he nevertheless made his own separate
appearance as counsel for the State and indicated in his Notice of Appearance
makes clear that “only notices of orders, resolution and decisions served on
(the Solicitor General) will bind the party represented (government or office
concerned).” (Republic v Polo, GR No. L-49247, March 13, 1979, 89 SCRA 33)
•The period to perfect appeal shall be counted from the date when the Solicitor
General received a copy of the decision because the service of the decision upon
the city fiscal did not operate as a service upon the Solicitor General
Principle of res judicata
• Applies to all cases and proceedings, including land registration and cadastral proceedings
(Vencilao v. Vano, GR No. L-256660, Febuary 23, 1990, 182 SCRA 491 )
• Requisites:
(1) The former judgment must be final
(2) It must have been rendered by a court having jurisdiction of the subject matter and the
parties
(3) It must be a judgment on the merits
(4) There must be, between the first and second actions (a) identity of the parties, (b) identity of
the subject matter, (c) identity of cause of action ( Navarro v. Director of Lands, GR No.
L-18814, July 31, 1962, 5 SCRA 834).
• Final judgement in an ordinary civil case: res judicata in a registration proceeding (Menor v.
Quintans, GR No. L-34474, March 23, 1932, 56 Phil. 657)
• Judgment for recover of property: res judicata against the defeating party (Santiago v.
Santos, GR No. 31568, March 19, 1930, 54 Phil. 619; Verzosa v. Nicolas, GR No.
9227, Febuary 10, 1915, 29 Phil. 425)
• Judgment dismissing an application for registration of land: does not constitute res judicata
(Henson v. Director of Lands, GR No. L-10812, March 26, 1918, 37 Phil. 912)
Separate proceeding to enforce judgment not necessary in land registration proceeding
•The judgment rendered in a land registration case becomes final upon the expiration of 15
days, counted from the date the party concerned receives notice thereof (Sec. 39, BP Blg. 129
or also known as “The Judiciary Reorganization Act of 1980”).
• Land Registration Court: issuance of decree Land
Registration Authority: decree of registration to the entitled person
• The effect that judgment may be enforced within 5 years by motion , and after 5 years but
within 10 years by an action refers to civil actions and is not applicable to special
proceedings, such as land registration cases (Sec. 6, Rule 39, Rules of Court).
• After the ownership has been proved and confirmed by judicial declaration, no further
proceeding to enforce the judgment is necessary, except when the adverse or losing party
had been in possession of the land and the winning party desires to oust him therefrom
(Topacio v. Banco Filipino Savings and Mortgage Bank, GR No. 157644, November 17,
2010, 182 SCRA 491 ).
Court retains jurisdiction until after final entry of decree
• The court nevertheless retains jurisdiction over the case until after the
expiration of one year from the issuance of the final decree of
registration by the Land Registration Authority (Gomez v. Court of
Appeals, GR No. 77770, December 15, 1988, 168 SCRA 503).
WRIT OF POSSESSION
Writ of possession may be issued: (Serra v. Court of Appeals, GR No. 34080, March
22, 1991, 195 SCRA 482)
• (1) in a land registration proceeding, which is a proceeding in rem.

• (2) in an extrajudicial foreclosure of a realty mortgage
• (3) in a judicial foreclosure of mortgage, a quasi in rem proceeding, provided
that the mortgagor is in possession of the mortgaged realty and no third
party person, not a party to the foreclosure suit, had intervened;
• (4) in execution case
• A writ of possession may be issued not only against the (1) person who has
been defeated in a registration case but also against anyone (2)unlawfully and
adversely occupying the land or any portion thereof during the land
registration proceedings up to the issuance of the final decree (Lucero v.
Loot, GR No. L-16995, October 28, 1968, 25 SCRA 687).
Writ of Demolition may issue upon a special order of the court
• The sheriff is specifically mandated not to destroy, demolish or remove improvements except upon
special order of the court (Sec 10(d), Rule 39; Katihan v. Maceren, AM No. MTJ-07-1680, November
28, 2008).
Writ will not issue against person taking possession after issuance of final decree
• When other person have subsequently entered the property, claiming the right of possession , the owner
of the registered property cannot disposes such persons by merely asking for a writ of possession
(Bernas v. Nuevo, GR No. L-58438, January 31, 1984, 127 SCRA 399).
Remedy: resort to the courts of justice and institute a separate action for unlawful entry or detainer or for
reivindicatory action.
• When the parties against whom a writ of possession is sought to have been in possession of the land
for 10 years and they entered into possession apparently after the issuance of the final decree, and none
of them had been a party in the registration proceedings, the writ of possession will not issue (Manuel v.
Rosauro, GR No. 36505, December 19, 1931, 56 Phil. 365).
•Persons who took possession of the land after final adjudication of the same in registration
proceedings cannot be summarily ousted through a writ of possession regardless of any title or lack of
title of said person to hold possession of the land in question, they cannot be ousted without giving
them their day in court in proper independent proceedings (Maglasang v. Maceren, GR No. L-1917,
May 20, 1949, 83 Phil. 637).
Writ does not issue in reconstitution cases
•Reconstitution does not confirm or adjudicate ownership over the property covered by the
reconstituted title as in original land registration proceeding where, in the latter, a writ of possession
may be issued to place the applicant-owner in possession (Serra v. Court of Appeals, GR No. L-34080,
March 22, 1991, 195 SCRA 482).
Refusal to Vacate
• Sec 3(d) of Rule 19, Rules of Court
• Sheriff must dispossess the losing party.
• The losing party who refuse to vacate the property may be charged with and punished for contempt
(Quizon v. PNB, et. Al, 85 Phil. 459).
DECREE OF REGISTRATION
Decree binds the land and quiets title thereto
• Sec 31 par. 2, PD No. 1529: “ The decree of registration shall bind the land and
quiet title thereto, subject only to such exceptions or liens as may be provided by
law. It shall be conclusive upon and against all persons, including the National
Government and all branches thereof, whether mentioned by name in the
application or notice, the same being included in the general description “To all
whom it may concern.”
Land becomes registered land only upon transcription of the decree in the
Office of the Register of Deeds
•As soon as the decree has been registered in the office of the Register of Deeds, the property
described in said decree shall become registered land, and the certificate shall take effect upon the
date of the transcription of the decree (Resolution dated March 31, 2009).
•Application for registration of an already titled land constitutes a COLLATERAL ATTACK on
the existing title (Laburada v. Land Registration Authority, GR No. 191387, March 11, 1998, 287
SCRA333).
Certificate of title become indefeasible one year after the issuance of the decree
• Torrens title becomes indefeasible and incontrovertible one year from its final decree, under
the Torrens System of registration

JUDGMENT

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JUDGMENT

Judgement confirming title

• (1) in a land registration proceeding, which is a proceeding in rem.

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