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CONFIRMATION OF
IMPERFECT TITLE
GOVERNING PROVISION: SECTION 48 (B) OF
CA NO 141
Applies exclusively to alienable and disposable
agricultural lands of the public domain.
WHO MAY APPLY?
FACTS:
Involves a parcel of land with an area of 22,249 sq.
m.
The subject property was occupied and possessed
by her predecessors-in-interest beginning 1948.
1997- filed an application for registration.
The land became alienable and disposable on
March 15, 1982.
RULINGS:
Diloy failed to prove that she or her predecessors-
in-interest were in possession of the subject property
under a bonafide claim of ownership since June
12,1945 or earlier, which is the reckoning period
provided in Section 14(1) of PD 1529. Thus, it lacks
the third requisite.
They cannot apply for confirmation of imperfect
title even if they occupied it since 1948 because
during those period, the subject property had not
yet been classified as alienable and disposable.
REPUBLIC VS. IMPERIAL CREDIT
Purpose:
to serve the public interest by requiring that the
titles to any unregistered lands be settled and
adjudicated.
Nature: in rem
RULINGS:
The rule that a land registration court has no
jurisdiction over parcels of land already covered by
certificate of title. Applies only where there exists no
serious controversy as to the certificates
authenticity vis--vis the land covered therein.
FACTS:
Pamintuan was the owner of lot no. 625 and a
Certificate of Title no. 540 was issued to him in June
1918.
1919, the lot was awarded to the Espinosas.
Filed a petition for a writ of certiorari with a prayer
that the cadastral case be declared void.
1920, writ of preliminary injunction was issued
against the respondents.
RULINGS:
In cadastral cases, the jurisdiction of the court over
lands already registered is limited to the necessary
correction of technical errors in the description of
the lands, provided such corrections do not impair
the substantial right of the registered owner and
that such jurisdiction cannot operate to deprive a
registered owner of his title.
GABRIEL VS. CA
FACTS :
1909, survey was made on the land of Quimson
(687,360 sq.m).
February 1919 to March 1920, cadastral survey.
Increase of 17, 053 sq.m.
Overall- 704, 413 sq.m.
1. Lot 363-A ( 209,250 sq.m.)
2. Lot 363-B (495,163 sq.m.)
1916, Survey plan for Gabriel.
RULINGS:
Court has the power to determine the priority of
overlapping or over-laying registered titles.
This is necessary for a complete settlement of the
title to the land, which is the express purpose of
cadastral proceedings and must therefor, be
considered within the jurisdiction of the courts.