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THE DIRECTOR OF LANDS (Republic of the Philippines), February 5, 1976, The court rendered a decision,

petitioner, vs. HON. COURT OF FIRST INSTANCE OF rectifying and ordering the order of general default,
MISAMIS ORIENTAL, BRANCH I, CAGAYAN DE ORO CITY that applicants have established to the
PROVINCIAL SHERIFF, Misamis Oriental and GRACIANO B. satisfaction of the court their ownership of
NERI, JR., JOSEFINA V. VDA. DE NERI, VICTORIA N. said land and ordered that it should be
FERNANDEZ, RAMON V. NERI, MA. THERESA N. YRASTORZA, adjudicated in equal shares to:
respondents. o Josefina B. vda de Neri, widow
o Graciano B. Neri Jr. married to Victoria Babiera
DOCTRINES: o Victoria Neri, single
An original certificate of title issued on September o Teresa Neri, married to Alberto Yrastorza
20, 1976 cannot be collaterally attacked in a petition for Subject however to road-right-of-way in favour of the
certiorari and prohibition filed on November 19, 1981 for city of Cagayan de Oro.
nullity of the proceedings in the land registration case and August 20, 1976, Decree No. N-161749 was
for cancellation of the certificate of title.
issued by the Comissioner of Land Registration.
September 26, 1976,
Where the validity of an original certificate of title
OCT No. 0662 was issued by the Register of Deeds
has been previously and directly raised in a civil case which
is the proper action, the resolution of the same by the of Misamis in favour of the applicants Neri et al.
Supreme Court is not proper Reasons.The issue in respect October 16, 1976 Graciano B. Neri Jr. alleged that
of the validity of OCT No. 0662 has been previously and squatters who had built shacks before the issuance
directly raised in Civil Case No. 7514 which is the proper of the decree refuse to vacate the land, they prayed
action. Resolution of the same issue in this Court will for the issuance of a writ of possession and a
displace a tribunal which can best ascertain the veracity of writ of demolition, which was issued in August
the factual allegations and which first acquired jurisdiction 18, 1980.
over an action which exclusively pertains to it There should October 22, 1980, Petronillo R., Bullecer, the
be no multiplicity of suits. President of the Taguanao Settlers Association asked
for a 90-day stay order. The Director of Lands
FACTS: through the SolGen also asked for a stay order
Graciano B. Neri Jr. applied for judicial pending the result of the Annulment proceedings
confirmation of title to a piece of land in Cagayan which its office was filing with the proper court.
de Oro. The application was later amended by adding These motions were opposed by the Neris. TC
the address of two persons who were said to be legal denied the stay order for lack of indubitable
occupants of the land in the concept of tenants. merit.
September 5, 1975, The Land registration court On January 23, 1981, the court issued an Order which
dismissed the oppositors, appearing that the only reads: "Resolution of the motion for issuance of an
ground relied upon by oppositors was that the same alias writ is hereby deferred after the Order of
land is a public land and it likewise appears that the January 20, 1981 has become final."
Bureau of Lands had not filed any opposition in Neris On January 5, 1981, the Director of Lands filed
petition. Civil Case No. 7514 in the Court of First Instance of
Misamis Oriental for annulment of Original
Certificate of Title No. 0662 and reversion. The
defendants are the private respondents in this 2. The issue in respect of the validity of OCT No. 0662 has
petition. been previously and directly raised in Civil Case No. 7514
The cause of action in both the instant petition and in which is the proper action. Resolution of the same issue in
Civil Case No. 7514 is that the land registration court this Court will displace a tribunal which can best ascertain
lacked jurisdiction to adjudicate title to the land in the veracity of the factual allegations and which first
question for lack of notices to the person affected; acquired jurisdiction over an action which exclusively
and compliance with other legal requirements. pertains to it. There should be no multiplicity of suits.
RULING:
1. Original Certificate of Title No. 0662 was issued on DISPOSITIVE PORTION:
September 20, 1976; it cannot be collaterally WHEREFORE, the petition is hereby dismissed for
attacked in a petition filed on November 19, 1981, as lack of merit. The temporary restraining order issued in
held in the case of Magay vs. Estiandan, L-28975, this case is hereby lifted. No costs. SO ORDERED.
Feb. 27, 1976, 69 SCRA 456.