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SpecPro Digest Midterm

Bermudo vs CA
Facts:
Tom Chow & Go Se Pieng claimant of lot 776 [505sq m]
- obtained a judicial decree of registration as co-owners in
fee simple
- were issued: OCT 10256 [11-3-1932]
- [before issuance of decree and titles] professed: mere
trustees of the Chinese Nationalist Party
Chinese Nationalist party acquired from: Philippine Refining
Company
- 9-4-1940 TCT was issued
Bermudo filed a petition for the reconstitution of OCT 10256
- alleged: vendee of the pro-indiviso of Lot 776
- annexed with the petition: Certification book containing
said OCT was destroyed; no owners duplicate was issued to
anybody
TC
- allowed the reconstitution
- Tom Chow & Go Se Pieng were owners
- Cristina vda de chow transferred all the interests and
participation of Tom to P Bermudo
Bermudo & Go owners equal undivided shares [TCT 1948]
Party filed a petition for relief
- prayed: annulment & an order to cancel TCT 1948
- alleged:
1. reconstitution obtained through fraud
[r] no notice of hearing of the petition, inspite:
Bermudo had personal knowledge that the lot has
been owned and possessed of the party for more
than 30 yrs [TCT 858]
2. knew the order only on Jan 5, 1965 when
occupants been filed with an ejectment case by P
Bermudo
Bermudo averred:
1] notice duly published
2] not know of partys participation in the land
3] party no legal capacity to sue
4] land not the same land as subject matter of the case
5] petition for relief pro forma; intended merely to delay
TC

- set aside: order to reconstitute


- annulled and cancelled TCT 1948
- declared TCT 858 in force and effect
CA

- dismissed the petition P Bermudo did not acquire a legal


and valid title over the lot
- not entitled to seek reconstitution
PROCEDURAL STANDPOINT
Petitioner is correct CA acted beyond its authority [upholding
TC]
- Order of reconstitution
final and executory when the party filed it petition
for relief
also executed upon issuance of OCT 10256 &
subsequent issuance of TCT 1948
Petition for Relief not proper [r] court not anymore in control of
the proceedings
- cannot anymore be entertained [r] court deprived of J
over the case
- granted only in exceptional cases [premised: equity]
Partys remedy: RA 26, Section 19
Partys improper remedy does not allow P Bermudo to claim
interest of the lot
[r] acted in BF in seeking reconstitution
- residing adjacent to the lot but did not give notices
of hearing [actual and personal notice] to its actual
occupants
- did not present wss Crisitian vda de Chow to rebut
Magdalenas testimony
Partys claim over the lot unclear
- allegedly acquired from PRC but 2 trustees obtained an
OCT over it
- in judicial decree of reg Tom & Go claimed it as owners
even if they later on claimed merely as trustees before issuance of
judicial decree and OCT
- cannot aquire the lot [r] 1935 prohibits them; 60% of which
is owned by Filipinos
- assuming it can acquire: still, it is delimited by Corp Law,
Sec 13[5] only allowed if it carries out the purposes for which it
was created
[t] necessary to prove: ownership was necessary so it
can undertake its aim as a civil association
- delayed reorganization and registration with the SEC as a
corporation

To settle: Government must


proceeding [Rule 91, Section 5]
- to be personally notified:
1] all interested parties
2] actual occupants

initiate

an

Escheat

3] adjacent land owners


4] Bermudo
- to present their valid claims
- otherwise: reversion to the State

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