Francisco vs. Ct. of App., Santos, et al., G.R. No. L-35787, Apr.

11, 1980; 97 SCRA 22

FACTS: Petitioner Fausta Francisco alleges that she is the absolute owner in fee simple of the
land. They were in continuous, exclusive, notorious and open possession of the said land. She
further alleged that Alejandro F. Santos and Ramona Francisco obtained a Decree of Registration
No. N-99332 for the parcel of land in question through fraud. Respondent contends that
petitioner claims to be the owner of the land covered by the decree of registration but failed to
state in said petition how she became the owner thereof and under what color of title does she
claim to be owner of the land.

ISSUE/S: Who is the true and absolute owner of the land in question

HELD: It appears clearly from the evidence that since 1918, Diego Francisco, father of
petitioner, had occupied the parcel of land in question; that this land is a portion of a bigger
parcel of land with an area of fifty hectares which was occupied and possessed by Diego
Francisco since 1918. The petitioner's father, Diego Francisco, died in the year 1941 and after his
death, petitioner continued to possess the land in question which was not embraced in Transfer
Certificate of Title No. 23434, Exhibit J, and her possession over said portion of the land is open,
public, peaceful, continuous, adverse against the whole world, and in the concept of an owner.
When the applicants, the spouses Alejandro Santos and Ramona Francisco, filed their application
for registration on October 29, 1963, they did not state the true adjoining owners at the North,
East, and West, of the land in question. The intent and motive of applicants in not stating that the
true adjoining co-owners at the North were Fausta Francisco and her sisters and brother, was
because they knew that Fausta was the one occupying the land in question or at least that Fausta
was claiming the land in question to be hers, so if notice of their application for registration were
sent to her as an adjoining co-owner at the North, she would surely oppose their application for
registration. More, legally speaking, Diego Francisco had a Torrens Title which was duly
transferred subsequently in TCT 23434 (Exh. J) to the name of his children. Registration under
the Torrens System constitutes, at the very least, constructive notice to any boundary owner of
who is his neighbor. In addition, it is admitted that petitioner was never notified of the
application, let alone her not having had any chance to read or perhaps even know the Official
Gazzette