Apiado, Elyn D.

| JD-2-1 LTD Case Digests

INTESTATE ESTATE OF THE LATE DON MARIANO SAN PEDRO

vs COURT OF APPEALS
GR NO. 103727; December 1, 1996
HERMOSISIMA, JR., J.:

FACTS:
This case is a consolidated case involving the Petitioners’ claim of the subject property, the total
land area of which is approximately 173,000 hectares, on the basis of a Spanish title, entitled “Titulo de
Propriedad Numer 4136” against third persons and the Government itself. The claim covers lands of
Nueva Ecija, Bulacan, Rizal, Laguna, Quezon and Metro Manila cities.

GR 103727
Engracio San Pedro, as heir-judicial administrator of Plaintiff Intestate, filed a complaint for
recovery of real property/ reconveyance with damages and prayer for preliminary injunction against
private defendants Ocampo, Buhain and dela Cruz. San Pedro alleged that defendants acquired portion of
the subject estate by employing fraud, bad faith and misrepresentation. RTC of QC dismissed the
complaint saying that the defendants are already the registered owners covered by the Torrens Title -
which cannot be defeated by the alleged Spanish Title of San Pedro. The Spanish Title also stated that the
estate shall be excluded from the coverage of Titulo Propriedad No. 4136. The court ordered Plaintiff
Intestate to pay each defendant the amount of 5,000 and atty fees. Motion for Reconsideration was
denied. Petitioner filed an appeal, CA dismissed.

GR 106496
Engracio San Pedro and Justino Benito filed a petition for letter of administration over the
intestate to be appointed as administrator and co-administrator. Judge Echeverri appointed San Pedro as
administrator and the court issued letter of administration in his favor upon posting a bond of 10,000.
Republic of the Philippines filed a motion for intervention and opposition to the petition, claiming that the
Titulo de Propriedad is inadmissible and ineffective proof of ownership in court and it is invalid. Republic
filed a motion to suspend the proceedings but the Republic‘s opposition to the petition for letter of
administration was dismissed. Republic filed Motion for Recon. The Judge declared Titulo de Propriedad
as null and void and excluded all lands covered from the inventory of the estate of the late Mariano San
Pedro. Petitioner-heirs appealed to CA. CA dismissed.

ISSUE:
Whether or not the appellate court, in both cases, GR Nos. 103727 and 106496, erred in not
recognizing Titulo de Propriedad No. 4136 as evidence to prove ownership by the late Mariano San Pedro
of the lands covered thereby?

RULING:
No. The lower court did not commit any error when it declared Titulo de Propriedad No. 4136 as
null and void, consequently excluding all lands covered by the said title from the inventory of the estate.
Under PD 892, the system of registration under Spanish Mortgage Law was abolished and all holders of
Spanish Titles should cause their lands to be registered under Land Registration Act within 6 months from
Apiado, Elyn D. | JD-2-1 LTD Case Digests

date of effectivity or until August 16, 1976. In both cases, petitioner-heirs did not adduce evidence to
show that Titulo de Propriedad No. 4136 was brought under the operation of PD 892. There was no
certificate of title shown.
Also, Titulo de Propriedad No. 4136, under PD 892, is inadmissible and ineffective as evidence of
private ownership in special proceedings case. Since the Titulo was not registered under Land
Registration Act, said Titulo is inferior to the registered title of defendants Ocampo, Buhain and dela
Cruz. Torrens title of the latter enjoys the conclusive presumption of validity. Petitioner-heirs failed to
present neither the original Titulo nor a genuine copy thereof (only an alleged illegible copy was
presented). Even the secondary evidence presented was also not admissible. The Titulo de Propriedad is
null and void and no rights can be derived therefrom. All lands covered by said Titulo are excluded from
inventory of the estate. The petition for letter of administration closed and terminated. The heirs are
disallowed to exercise any act of possession or ownership and ordered to vacate.