This case has been cited 1 times or more.
|
2006-11-20 |
CHICO-NAZARIO, J. |
||||
| On 3 December 2002, the RTC issued its first assailed order. In denying and dismissing the application for the issuance of a Writ of Preliminary Injunction and complaint respectively, the RTC stated that since the alleged right of complainant Rodriguez stemmed from a Spanish Title, specifically the Titulo de Propriedad de Terrenos of 189I, it cannot be considered a right in esse. The RTC took judicial notice of Presidential Decree No. 892,[12] which required all holders of Spanish titles or grants to apply for registration of their lands under Republic Act No. 496, otherwise known as the Land Registration Act,[13] within six months from effectivity of the decree, or until 16 August 1976. After such time, Spanish titles or grants could no longer be used as evidence of land ownership in any registration proceedings under the Torrens System. Significant parts of the assailed Order of the RTC read:Plaintiffs' complaint is anchored on a Spanish title which they claim is still a valid, subsisting and enforceable title. Despite the fact that said title was never registered under Act 496, the land Registration Act (later PD 1529), plaintiffs still claim that they have a cause of action. | |||||