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Published by: Angeline Sahagun Samonte on Mar 16, 2013
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05/14/2014

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Sec. 7.

Upon the receipt of the order of the court setting the time for initial hearing of the petition, the Commission 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 by the 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 shall give notice to persons claiming any interest in the lands, as well as to the general public, of the day on which such survey will begin, giving as fully and accurately as possible the description of the lands to be surveyed. Such notice shall be published once in the Official Gazette, and a copy of the notice in English or the national language shall be posted in a conspicuous place on the bulletin board of the municipal building of the municipality in which the lands or any portion thereof is situated. A copy of the notice shall also be sent to the mayor of such municipality as well as to the barangay captain and likewise to the Sangguniang Panlalawigan and the Sangguniang Bayan concerned. x x x

ISSUE : 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 contrary interest over the subject realproperty, but that they have a valid title to it. The court is tasked todetermine the respective rights of the complainant and the otherclaimants, not only to place things in their proper places, and to makethe claimant, who has no rights to said immovable, respect and notdisturb the one so entitled, but also for the benefit of both, so thatwhoever has the right will see every cloud of doubt over the propertydissipated, and he can thereafter fearlessly introduce theimprovements he may desire, as well as use, and even abuse theproperty as he deems fit. The TCT in the 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 clearly indicate 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 in the registration process. In fact, it isnot far-fetched that the erroneous entries could have been intended tocreate the impression that TCT No. 107729 was a separate and distincttitle from the previously issued TCT No. S-91911 even if they pertain toone and the same lot adjudicated to Emilio Gregorio. Such conclusion isreinforced by the unexplained inaction or failure of the heirs of Gregorioto rectify the alleged errors in their title before selling the property topetitioner. The heirs of Gregorio knew that their TCT boreencumbrances in favor of third parties, notably the notice of pendinglitigation (

Lis Pendens ) involving the property covered by said title 1

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