Widows and Orphans Association, Inc.

vs

Court of Appeals and Ortigas & Company Limited Partnership

GR No. 91797

August 28, 1991

Topic: Non coverage of lots already covered by a certificate of title

Issue: Whether or not a court can acquire jurisdiction over lots that are already covered with a
certificate of title

Ruling:

The court cannot acquire jurisdiction over lots that are already covered with a certificate of title. In the
case, respondent contends that petitioner’s request for application for registration be dismissed
because the said lots were covered by Decree 1425 and were already delegated to the respondent.
However, it was evident that while there is a claim by certificate of title, it wasn’t proved whether or not
there is actual ownership. That while lots issued with a certificate of title cannot be covered under
Cadastral proceedings, it is still imperative that actual ownership must be proven.

Therefore, the case was remanded to the court for the two parties to allege ownership over the lots in
dispute.