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G.R. No. L-7857 Manuel E. Cuyugan petitioner, and Lim Tuico, actual owner, appellees vs.

Pedro Sy Quia

Facts: A proceeding was initiated before the Court of Land Registration which seeks to
correct the decree issued by the aforementioned court. The decree which is the subject of
the dispute was made in favor of Manuel E. Cuyugan. Pedro Sy Quia, owner of the land
bounding upon the north side of the property, opposed the registration of the property
owned by Manuel E Cuyugan. The court ruled in favor of Manuel Cuyugan and
consequently, a sale was consummated between Manuel Cuyugan and Lim Tuico.

The Court of Land Registration ordered a resurvey of the properties under the name of Lim
Tuico and Pedro M. Sy Quia. The proceeding was undertaken by the City of Manila and the
court with the goal of correcting the decree issued by the Court of Land Registration. The
new survey plan takes from Sy Quia a small portion of the land which is pertained to be
registered under his name under the original survey plan and the decree issued by the Court
of Land Registration.

Issue: Whether or not the Court of Land Registration and the City of Manila acted within its
jurisdiction in conducting the survey on the said properties.

Ruling: No, the nature of the complaint constitutes an action in personam, therefore the
Court of Land Registration does not have jurisdiction over it. As provided by the court, the
Court of Land Registration ceases to have jurisdiction over the land once it has been
registered.

G.R. No. L-62283 Caridad Cruz VDA. De Sy-Quia v. Court of Appeals and Jose Pedro
Reynaldo Sy-Quia

Facts: The case concerns the necessity of taking the testimony of Doctor Ernesto Medina
Cue in which he conducted serological tests regarding the blood types of Jose Sy-Quia,
Pedro Sy-Quia, and Remedios Borres despite the objection of Jose Sy-Quia. As ruled by the
appellate court, Doctor Que should testify before the trial court in Pasig, Rizal.

Pedro M. Sy-Quia died in Mandaluyong, Rizal leaving an estate of over Php 1,500,000.00. He
was survived by his wife, Caridad and his five legitimate children named Noel, Pedro, Jr.,
Asuncion, Mauricio, and Francisco. A holographic will was left by Pedro M. Sy-Quia which is
dated March 18, 1966. As stipulated in the will half of his net estate will be equally divided
to his widow and five children. The other half shall then be divided equally among Pedro, Jr.,
Asuncion, Mauricio and Francisco after setting aside the amount necessary to allow
Asuncion, Mauricio and Francisco to complete the education on the same level as Pedro
Jr.’s.

Three years later, Jose Pedro Reynaldo Sy-Quia filed a motion in the probate proceeding
wherein he alleged that he was an acknowledged child of Pedro M. Sy-Quia. As stipulated in
the motion that he initiated, he alleged that he is the testator’s voluntarily acknowledged
natural child and that the estate shall then be settled by virtue of the rules of intestacy.

Doctor Cue then stated in his deposition that based on the blood groups and types of Jose
Sy-Quia, Pedro M. Sy-Quia and Remedios Borres, Jose could not have been the son of Pedro
and Remedios.

Issue: Whether or not the testimony of Doctor Ernesto Medina Cue should be admitted.

Ruling: Yes, the testimony of Doctor Que shall then be admitted by the appellate court.
Doctor Cue shall then testify before the appellate court by virtue of Section 9 of the
Judiciary Reorganization Law, Batas Pambansa Blg. 129.

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