This case has been cited 1 times or more.
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2007-07-30 |
NACHURA, J. |
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| After the requisite investigation conducted by the representatives of the Bureau of Lands of his Sales Application, and the requirements of the law complied with, the land was scheduled to be sold at public auction. At the said auction sale, the applicant and the oppositor Leyva participated. Oppositor was declared the highest bidder and, consequently, the property was awarded to him (Leyva) by the Director of Lands. From this award applicant appealed but his appeal was dismissed. Accordingly, Sales Patent No. V-1113, covering the land in question was finally granted to the oppositor Leyva on October 9, 1954 (Exh. 65) and by virtue of the Sales Patent, Original Certificate of Title No. V-160 (Exh. 65) was issued in favor of the oppositor Leyva.[14] The 1968 Decision of the appellate court further ruled that Buto failed to pursue the remedies available to him as a person aggrieved by registration of a land under Act No. 496, which is to file a petition for review within one (1) year from the issuance of a decree of registration obtained by fraud; or to institute an ordinary action for the cancellation and/or reconveyance of title. Buto, instead of filing the appropriate remedy provided for by law, instituted an application for registration of land previously registered. Hence, the Land Registration Court has no jurisdiction over the same. Furthermore, Buto's participation in the auction sale is tantamount to his admission that the land belonged to the public domain. Having taken that position, Buto is estopped from taking a stand contrary to it.[15] | |||||