Florentino v Encarnacion

G.R. No. L-27696 September 30, 1977

Guerrero, J.

This case is an appeal from the decision of the CFI of Ilocos Sur, acting as a land registration court, in
Land Registration case No. 310

Facts:

On May 22, 1964, the petitioners-appellants and the petitioners appellees filed with the CFI of Ilocos Sur
an application of agricultural land located at Barrio Lubong Dacquel Cabugao Ilocos Sur.

Alleged among other things, in the application, the applicants are the common and pro diviso (common
or divided property ownership) in fee simple of the said land with the improvements existing thereon;
that there is no mortgage, lien or encumbrances of any kind whatever affecting said land as known to
the applicants, nor any other person having any estate or interest thereon, legal or equitable,
remainder, reservation or in expectancy; that said applicants acquired the aforesaid land thru and by
inheritance from their predecessors in interest from their late aunt Dona Encarnacion Florentitno who
died in Vigan, Ilocos Sur in 1941, and for which the said land was adjudicated to them by virtue of the
deed of extrajudicial partition dated August 24, 1947; that applicants Salvador Encarnacion, Jr. and
Angel Encarnacion acquired their respective shares of the land thru purchase from the original heirs,
Jesu, Carida, Lourdes and Dolores surnamed Singson one hand and from Asuncion Florentitno on the
other.

After due notice and publication, the Court set the application for hearing. No Opposition whatsoever
was filed except that of the Director of Lands which was later withdrawn, thereby leaving the option
unopposed. Thereupon, an order of general default was withdrawn against the whole world. Upon the
application of the assets, the Clerk of Court was commissioned and authorized to receive the evidence
of the applicants and ordered the same to submit the same for the Court’s proper resolution.

In the testimony of Miguel Florention, one of the petitioners-appellants, he asked the court to include
the said stipulation as an encumbrance on the land sought to be registered, and cause the entry of the
same on the face of the title that will finaly be issued. Petitioner-appellees Salvador Encarnacion, Sr.,
Salvador Encarnacion, Jr., and Angel Encarnacion opposing its entry on the title as an encumbrance, filed
a manifestation seeking to withdraw their application on their respective shares of the land sought to be
registered. The withdrawal was opposed by the petitioners-appelants.

The Court after hearing the motion for withdrawal and the opposition thereto issued on November 17,
1966 an order for the pusposr of ascertaining and implifying the issues therein stated that all the
applicants admit the truth on the circumstances stated.

The court denied the patitioners-appellee motion to withraw for lack of merit, and rendered