SpecPro Digest Midterm

Roman Catholic vs El Monte de Piedad 1939

Facts:
Sept 30 1911: Roman Catholic, a corp sole, filed an application
[Court of Land Registration] for the registration of 3 parcels of land
- alleged: property acquired through donation from Doa
Anna for religious purposes
Jan 19: Decree No. 6443 & COT issued
Property transferred to:
1] El Monte &
2] Asiatic Petroleum
- except:
1] 1 portion occupied by the Padres Redentoristas &
2] another expropriated by the Province of Rizal for public
purposes
[24 yrs after issuance of oct] Municipality of Paraaque filed in
the registration proceedings [CFI] a petition for a declaration of
escheat in its favour
- under:
1] Sections 110 and 112, Act 496
2] Sections 750 and 751, Civ Pro
The ff. filed their oppositions:
1] El Monte
2] Padres
3] Roman Catholic
Nov 28 1936: court denied the petition
- ground: same could not be entertained in the registration
proceedings
Municipalitys views are:
1] property not been really donated by Doa Anna to
Roman Catholic but merely constituted [Nov 13 77] a chaplaincy
allotting P100 yearly for masses to be said / for the repose of her
and her parents soul
2] amount be taken from the rents of the property &

- be given to Bachiller Felipe, who say the masses, as

a priest and chaplain
3] property should escheat in favour of the municipality
[r] chaplain died without heirs
ISSUE
W/N THE PROPERTY SHOULD BE DECLARED ESCHEATED NO
HELD
Doa Anna died 250 years ago
- Chaplain died 150 years ago
Right to escheat of municipality existed long prior to the
registration proceedings [instituted by: Roman Catholic]
- right deemed completely waived
[r] not asserted in said proceedings by the mun
Under Torrens System claims and liens of whatever character,
[except those mentioned by law] existing against the land prior to
the issuance of the COT, are cut off by such certificate if not noted
thereon,
And the certificate so issued binds the whole world
including the Government
contention of the appellants that theres no donation to the
Roman Catholic, but merely an implied trust, which may be
enforced against him in favor of Doa Annas successor is
untenable
- assuming it right: appropriate remedy not a petition in
the land registration proceedings but a separate action
> in the instant case: rule applicable, especially
where there are third persons affected [El monte,
Asiatic petroleum, padres]
> transfers made to these entities null and void
> nullity of such transfers cannot be determined by
a motion in the registration proceedings but in a
separate action