This case has been cited 2 times or more.
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2003-12-11 |
TINGA, J. |
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| "The order dated January 6, 1973 of Judge Rafael T. Mendoza in Misc. Sp. Proc. No. 2993, directing the Register of Deeds to cancel OCT No. P-436 and to issue new separate transfer certificates of title for Lot No. 5172-A and Lot No. 5172-B to the Heirs of Quintin Franco and Miguel Franco, respectively, was therefore without factual basis. Besides, it would appear that the order was based on Section 112 of the Land Registration Act (Act No. 496) which contemplates summary proceeding for non-controversial erasures, alterations, or amendments of entries in a certificate of title. . . . "[41] It is clear from reading Section 112 of the old Land Registration Act[42] that the same may be utilized only under limited circumstances.[43] Proceedings under Section 112 are summary in nature, contemplating corrections or insertions of mistakes which are only clerical but certainly not controversial issues.[44] More importantly, resort to the procedure laid down in Section 112 would be available only if there is a "unanimity among the parties, or there is no adverse claim or serious objection on the part of any party in interest."[45] Such unanimity among the parties has been held to mean "the absence of serious controversy between the parties in interest as to the title of the party seeking relief under said section."[46] Clearly, there was no such unanimity among the parties in interest, namely, all the heirs of Quintin. The surreptitious registration by Miguel of the property had worked to the prejudice of the other heirs of Quintin. | |||||