Concepcion vs. Concepcion
Posted by bestre on Monday, January 19, 2009(G. R. No. 147928, January 11, 2005)
FACTS:
The land under dispute in the case at bar is the Zulueta property. The trial court in the partition case filed by Jose Concepcion, father of herein respondents, declared Jose entitled to a part of the land under dispute and ordered petitioners to contribute proportionately to satisfy said claim. Petitioners failed to comply said order. Hence, Jose Concepcion filed a petition for the cancellation of the Transfer Certificate of Title of the questioned land before the Regional Trial Court of Cebu sitting as a Land Registration Court. Said court ordered the delivery of said title to the Register of Deeds for the registration of Jose's part of the land. Petitioners opposed the decision but said opposition was dismissed by the cadastral court on the ground that it does not have jurisdiction to resolve the matter.
ISSU:
Whether or not the cadastral court has jurisdiction to resolve the opposition.
RULING:
It is the decision of the Supreme Court that the trial court sitting as a cadastral court has jurisdiction to resolve the opposition brought about by herein petitioners. Under Section 2 of P. D. 1529, it is provided that Regional Trial Courts shall have exclusive jurisdiction over all applications for original registration of titles to lands, including improvements and interests therein and over all petitions filed after original registration of title, with power to hear and determine all questions arising upon such applications or petitions. The Supreme Court further held that the above provision has eliminated the distinction between the general jurisdiction vested in the Regional Trial Court and the limited jurisdiction conferred upon it by the former law when acting merely as a cadastral court. Aimed at avoiding multiplicity of suits the change has simplified registration proceedings by conferring upon the regional trial courts 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 upon such applications or petitions.
FACTS:
The land under dispute in the case at bar is the Zulueta property. The trial court in the partition case filed by Jose Concepcion, father of herein respondents, declared Jose entitled to a part of the land under dispute and ordered petitioners to contribute proportionately to satisfy said claim. Petitioners failed to comply said order. Hence, Jose Concepcion filed a petition for the cancellation of the Transfer Certificate of Title of the questioned land before the Regional Trial Court of Cebu sitting as a Land Registration Court. Said court ordered the delivery of said title to the Register of Deeds for the registration of Jose's part of the land. Petitioners opposed the decision but said opposition was dismissed by the cadastral court on the ground that it does not have jurisdiction to resolve the matter.
ISSU:
Whether or not the cadastral court has jurisdiction to resolve the opposition.
RULING:
It is the decision of the Supreme Court that the trial court sitting as a cadastral court has jurisdiction to resolve the opposition brought about by herein petitioners. Under Section 2 of P. D. 1529, it is provided that Regional Trial Courts shall have exclusive jurisdiction over all applications for original registration of titles to lands, including improvements and interests therein and over all petitions filed after original registration of title, with power to hear and determine all questions arising upon such applications or petitions. The Supreme Court further held that the above provision has eliminated the distinction between the general jurisdiction vested in the Regional Trial Court and the limited jurisdiction conferred upon it by the former law when acting merely as a cadastral court. Aimed at avoiding multiplicity of suits the change has simplified registration proceedings by conferring upon the regional trial courts 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 upon such applications or petitions.
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