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Published by: Angeline Sahagun Samonte on Mar 16, 2013
Copyright:Attribution Non-commercial


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Sec. 7. Upon the receipt of the order of the court setting the time for initial hearing of the petition, theCommission on Land Registration shall cause notice thereof to be published twice, in successive issues of the Official Gazette, in the English language. The notice shall be issued by order of the Court, attested bythe Commissioner of the Land Registration Office, x x x.39 SEC. 35 (Cadastral Survey preparatory to filing of petition) (b) Thereupon, the Director of Lands shallgive notice to persons claiming any interest in the lands, as well as to the general public, of the day onwhich such survey will begin, giving as fully and accurately as possible the description of the lands to besurveyed. Such notice shall be published once in the Official Gazette, and a copy of the notice in Englishor the national language shall be posted in a conspicuous place on the bulletin board of the municipalbuilding of the municipality in which the lands or any portion thereof is situated. A copy of the noticeshall also be sent to the mayor of such municipality as well as to the barangay captain and likewise tothe Sangguniang Panlalawigan and the Sangguniang Bayan concerned. x x xISSUE: W/N Petitioner may quiet title and order the cancellation of the TCT in favor of Luis Fajardo.HELD: No. In an action for quieting of title, the plaintiffs must show notonly that there is a cloud or contraryinterest over the subject realproperty, but that they have a valid title to it. The court is taskedtodetermine the respective rights of the complainant and the otherclaimants, not only to place things intheir proper places, and to makethe claimant, who has no rights to said immovable, respect andnotdisturb the one so entitled, but also for the benefit of both, so thatwhoever has the right will seeevery cloud of doubt over the propertydissipated, and he can thereafter fearlessly introducetheimprovements he may desire, as well as use, and even abuse theproperty as he deems fit. The TCT inthe name of the heirs of Emilio Gregorio, on its face showedbadges of irregularity in its issuance. First,the technicaldescription. Second, the decree number and date of issuance, as wellas OCT number clearlyindicate that the original decree pertained toVelasquez and not Gregorio. Third, the name of the
registered owner inthe original certificate is not Velasquez or Gregorio but “Delta MotorCorp.” And
fourth, the certificate from which TCT No. 107729 wassupposedly a transfer should have been the OCT(of Gregorio) and notthose unfamiliar TCT numbers indicated therein. There are serious discrepancies inthe registration process. In fact, it isnot far-fetched that the erroneous entries could have been intendedtocreate the impression that TCT No. 107729 was a separate and distincttitle from the previously issuedTCT No. S-91911 even if they pertain toone and the same lot adjudicated to Emilio Gregorio. Suchconclusion isreinforced by the unexplained inaction or failure of the heirs of Gregorioto rectify thealleged errors in their title before selling the property topetitioner. The heirs of Gregorio knew that theirTCT boreencumbrances in favor of third parties, notably the notice of pendinglitigation (

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