Case Digest

RAMIRES vs COURT OF APPEALS

G.R.No. L-38185 September 24, 1996

Facts:
This is a petition for review on the application and interpretation
of Land Registration Act. On September 5, 1959, spouses Ramirez filed an
application for registration of a parcel of Riceland in Pamplona, Las Pias
Rizal. Since nobody appeared to oppose the application after notice and
publication, an order of general default was issued and the court allowed the
petitioners to present their evidence in support of their claim. The spouses
presented a parol evidence that they acquired the land in question by
purchase from Gregorio Pascual but said that the corresponding contract of
sale was lost and no copy was available. The court ordered the issuance of
the decree of registration and was issued in the petitioners names on
January 30, 1960. On March 30, 1960, private respondent Francesca Medina,
et al., filed a petition to review the decree of registration claiming that they
are the legal heirs and that the spouses Ramirez are merely antichretic
creditors as security for the loan. In their answer, the spouses denied the
allegations of the petition and based their claims to the lands on two deeds
of sales which they allegedly found accidentally. After trial, the courts found
the said deeds of sale spurious and that the applicants are guilty of
fraudulent misinterpretation of claim and concealment when they declared in
their application that no other person had claims or interest in the said land.
The judges decision was in favour of the private respondents and against
the petitioners. The spouses filed a motion for reconsideration but the
resolution was set aside, hence the petition for review on the application and
interpretation of Land Registration Act.
Issue: Does Section 38 of Act No. 496 apply on all fores (sic) to original land
registration proceeding had under Paragraph B, Section 48 of Commercial
Act No. 141 as amended by RA No. 1942 wherein the land involved is public
agricultural land?
Held: Yes
Ratio: Section 122 of Act No. 496 otherwise known as the Land Registration
Act provides that: Whenever public lands in the Philippine Islands belonging
to the Government of United States or of the Philippines Islands are
alienated, granted, or conveyed to persons or to the public or private
corporations, the same shall be brought under the operation of this Act and
shall become registered lands. Once the deed, grant, or instrument of
conveyance of corresponding certificate and owners duplicate title is issued,
such land is deemed registered land. It is brought within the scope and
operation of the Land Registration Law. We can apply it to the facts without
need for judicial interpretation.