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[No. 8539 December 24, 1914]

Maria del Consuelo Felisa Roxas y Chuidian, petitioner and appellee,

vs. Rafael Enriquez et al., objectors and appellants

FACTS:

On the 12th day of January, 1906 Maria del Consuelo Felisa Roxas y
chuidian, presented a petition in the Court of Land Registration for the purpose
of having registered, under the Torrent System four parcel of land, known as
Parcel A, Parcel B, Parcel C, and Parcel D. All were located in the city of
Manila. The only one of said parcels to which attention need be given in the
present appeal is Parcel A.

From an examination of said petition it was found out that parcel A

was describe generally and technically.

I. General description. It is a parcel of land with the buildings erected

thereon located in the district of Binondo of this city nos.84,90,92,94,
and 96 Calle Escolta and the northern bank of Pasig River; bounded on
the north by Calle Escolta for 31.08 meters on the South by the Pasig
River for 25.19 meters on the East by the estate of Pedro P. Roxas
for 66.48 meters and on the West by the area of 1,817.03 sq. m. as
set for the attached plan.
II. Technical description. The undersigned on the 26th of the present
month proceeded to survey and fix the boundaries for preparing the
topographical plan of a lot occupied by building of strong materials one
and two stories high belonging to Maria del Consuelo, located in the
district of Binondo of this City between nos. 84,90,92,94,and 96 Calle
Escolta and the Corner of the Pasaje de Perez was selected as the
basic point, whence S.49° 40’W, 27.75 meters is located Point A,
chosen as the point of beginning for the topographical operations. The
lot described has an area of 1,817.03 sq. m.; all the points specified
 are marked on the attached plan, the bearing are magnetic, and it’s
boundaries are; on the North Calle Escolta; on the South, the Pasig
River; on the East, the estate of Pedro P. Roxas; and on the West,
the estate of the heirs of Antonio Enriquez.

The adjoining owners of the land were informed of such application, but no one
went to question it so they were declared in default.

The same application was published in two newspaper.

The city of Manila question in Court the boarders of parcel A. The Court ordered
the correction but none was executed.

Then the Court approved the application and Maria del Consuelo was given the
titles.

In 1912,the City of Manila applied for the correction of the title because it
covered a public road.

It was also in 1912 that Maria del Consuelo went to Court to ask for the
correction of the title because there were two buildings which were not included
in the title, although it was in the application.

And on the 26th day of March 1912 Maria del Consuelo had sold her right,
title, and interest in said parcel A including the buildings thereon, to the Masonic
Temple Association of Manila.

During the hearing, the heirs of Antonio Enriquez, owner of the adjoining land,
appeared in Court questioning the title. Since there were no notice was served
to the heirs of Enriquez but records shows that the counsel of Enriquez received
a notice.

ISSUE:

Whether or not personal notice to all of the persons interested in an

action for the registration of the real property under the Torren System is
absolute prerequisite to the validity of said registration.
RULING:

The requirement of personal notice shall be prerequisite to the validity

of registration would be absolutely prohibit the foreclosure of unknown claims
for the reason that personal notice could never be given to unknown claimants.
The great difficulties in the land titles arises from the existence of the unknown
claimants. It is admitted that the petitioner was not guilty of fraud. The record
shows that she named all the persons who might have interest in the registration
of her land. She’s not charge even with negligence. She did all the law required
her to do.

Since, the proceedings for registration of land, under act no. 496 are in rem
and not in personam. A proceeding in rem, dealing with a tangible res, may be
instituted and carried to the judgments, without personal service upon the
claimants within the state or notice by name outside of it.

And the real purpose of the Torrens Land Registration System is to relieve the
land of burden of known as well as the unknown claims. If there exist known
and just claims against the title of the application for registration of his land
under the Torren System.

The registration either relieved the land of all known as well as unknown claims
absolute or it compels the claimants to come in to Court and to make there a
record, so that thereafter there may be no uncertainty concerning either the
character or extent of such claims.

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Land Titles and Deeds

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