FACTS: Jacob left for the United States, but before she did, she asked her son-in-law Quinto Jr., to pay the real estate taxes on her property. However, Luciano Jr. was not allowed to pay by the City Treasurer's Office as he had no written authorization from her. In 1984 respondent City Treasurer of Quezon City sent a notice to Mercedes Jacob that her real estate taxes on the property were delinquent and that the land was already sold at public auction on 24 August 1983 to private respondent Virginia Tugbang for P6,800.00. Jacob came to know of the sale on 6 September 1983 when she received from respondent City Treasurer a Notice of Sale of Real Property addressed to her husband. They tried to redeem the property from Tugbang but she evaded them until the Final Bill of Sale was issued. On 3 March 1989 TCT No. 81860 was issued in the name of Tugbang.
On 17 May 1993 petitioners filed a complaint for annulment or cancellation of the auction sale, the final bill of sale, TCT No. 81860, and for redemption of the property plus damages. However, the trial court dismissed the petition purportedly for lack of jurisdiction as the petition was deemed to be a petition to annul and set aside the Decision canceling Jacob's TCT No. 39178. The appellate court dismissed the appeal.
ISSUE: the nature of the petitioners’ action HELD: It is an action for reconveyance. The complaint alleges that respondent Tugbang procured a transfer certificate of title upon her fraudulent representation in her petition for cancellation of title. This way of acquiring title creates what is called "constructive trust" in favor of the defrauded party and grants to the latter a right to the reconveyance of the property.
As the petition makes out a case for reconveyance and not a mere annulment of an RTC judgment as viewed under par. (2), Sec. 9, BP Blg. 129, jurisdiction over the case is clearly vested in the Regional Trial Court of Quezon City as provided in par. (2),
Sec. 19, BP Blg. 129.
Moreover, the Regional Trial Court has jurisdiction over the petition as it may be
considered only as a continuation of the original proceeding for cancellation of title which in view of its non-litigious character is summary in nature. Furthermore, under Sec.
2 of PD 1529, a Regional Trial Court, like the RTC of Quezon City which issued a new title to respondent Virginia Tugbang in lieu of the old one, has the authority to act not only on applications for original registration but also over all petitions filed after original registration of title, with power to hear and determine all questions arising from such applications or petitions.
As to whether such an action should be granted requires further evidence culled from a full-blown trial.
G.R. No. 120974 (substantially the same
facts)
Under Sec. 55 of the Land Registration Act, as amended by Sec. 53 of PD No. 1529, an original owner of
registered land may seek the annulment of the transfer thereof on the ground of fraud and the proper remedy is reconveyance. However, such remedy is without prejudice to the rights of an innocent purchaser for value holding a certificate of title.
The other controversy lies in the failure of petitioner City Treasurer to notify effectively the delinquent taxpayer (Valencia), under the wrong premise that the
property was still owned by the former registered owner, Alberto Sta. Maria.
In ascertaining the identity of the delinquent taxpayer, for purposes of notifying him of his tax delinquency and the prospect of a distraint and auction of his delinquent property, petitioner City Treasurer should not have simply relied on the tax declaration.
IV. ORIGINAL REGISTRATION PROCEEDINGS
Summary of Procedure: 1. Filing of application = 5 days
2. Court issues an order setting date and hour of initial hearing not less than 45 days, but not more than 90 days from date of order
3. Notice of initial hearing by publication, mailing and posting.
PUBLICATION
O.G. and newspaper of general circulation
MAILING
to persons named in the application (within 7 days after publication of notice in O.G.) to DPWH, Provincial Governor
and Mayor (if the applicant requests to have the line of a public highway or road determined)
to DAR, Sol. Gen., Director of Lands, DPWH, Director of Forest Development, Director of Fisheries and Aquatic Resources
if land borders a river, navigable stream or shore, or an arm of the sea where a river or harbor line has been established, or on a lake
if it otherwise appears from the application or the proceeding that a tenant-
farmer or the National Gov’t. may have a claim adverse to that of the applicant
POSTING
in a conspicuous place on each parcel of land included in the application
in a conspicuous place on the bulletin board of the municipal building of the municipality or city
at least 14 days before the date of initial hearing
4. Sheriff and Commissioner of Land Registration issue a certification to the effect that the notice of initial hearing has been complied with (before the date of the initial hearing)
This is conclusive proof of such fact.
5. Opposition to application
Can ask for relief from the court If none, order of default (this is
merely interlocutory)
6. Court issues its decision within 90 days from the date the case is submitted for submission
Judgment becomes final upon the expiration of 30 days to be counted from the date of receipt of notice of the judgment
A. Who May Apply
PD 1529, Sec. 14. Who may apply. - The following persons may file in the proper Court of First Instance an application for registration of title to land, whether personally or through their duly authorized representatives:
(1) Those who by themselves or through their predecessors-in-interest have been in open, continuous, exclusive and notorious possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of ownership since June 12, 1945, or earlier.
(2) Those who have acquired ownership of private lands by prescription under the provision of existing laws.
(3) Those who have acquired ownership of private lands or abandoned river beds by right of accession or accretion under the existing laws. (4) Those who have acquired ownership of land in any other manner provided for by law.
Where the land is owned in common: all the co-
owners shall file the application jointly.
Where the land has been sold under pacto de retro: the vendor a retro may file an application
for the original registration of the land, provided, however, that should the period for redemption expire during the pendency of the registration proceedings and ownership to the property consolidated in the vendee a retro, the latter shall be substituted for the applicant and may continue the proceedings.
A trustee on behalf of his principal may apply for original registration of any land held in trust by him, unless prohibited by the instrument creating the trust.
Sec. 16. Non-resident
applicant. - If the applicant is not a resident of the Philippines, he shall file with his application an instrument in due form appointing an agent or representative residing in the Philippines, giving his full name and postal address, and shall therein agree that the service of any legal process in the proceedings under or growing out of the application made upon his agent or representative shall be of the same legal effect as if made upon the applicant within the Philippines. If the agent or representative dies, or leaves the Philippines, the applicant shall forthwith make another appointment for the substitute, and, if he fails to do so the court may dismiss the application.
CA 141, Sec. 48. The following- described citizens of the Philippines, occupying lands of the public domain or claiming to own any such lands or
an interest therein, but whose titles have not been perfected or completed, may apply to the Court of First Instance of the province where the land is located for confirmation of their claims and the issuance of a certificate of title therefor, under the Land Registration Act , to wit:
(a) Those who prior to the transfer of sovereignty from Spain to the prior United States have applied for the purchase, composition or other form of grant of lands of the public domain under the laws and royal decrees then in force and have instituted and prosecuted the proceedings in connection therewith, but have with or without default upon their part, or for any other cause, not received title therefor, if such applicants or grantees and their heirs have occupied and cultivated said lands continuously since the filing of their applications.
(b) Those who by themselves or through their predecessors in interest have been in open, continuous, exclusive, and notorious possession and occupation of agricultural lands of the public domain, under a bona fide claim of acquisition or ownership, for at least thirty years immediately preceding the filing of the application for confirmation of title except when prevented by war or force majeure. These shall be conclusively presumed to have performed all the conditions essential to a Government grant and shall be entitled to a certificate of title under the provisions of this chapter.
(c) Members of the national cultural minorities who by themselves or through their predecessors-in-interest have been in open, continuous, exclusive and notorious possession and occupation of lands of the public domain suitable to agriculture, whether disposable or not, under a bona fide claim of ownership for at least 30 years shall be entitled to the rights granted in sub-section (b) hereof.
DAIS V. CFI