G.R. No. 77770
Dec. 15, 1988
Facts
Petitioners applied for registration of several lots. After notice and publication, and there being no opposition to the application, the trial court rendered a decision adjudicating the subject lots to petitioners. Shortly thereafter, the Chief of the Division of Original Registration, Land Registration Commission submitted a report to the court a quo that portions of the several lots applied for registration were already covered by homestead patents. Hence, the Chief asked that the decision adjudicating the several lots in favor of the petitioner be set aside. Petitioners opposed the report contending that no opposition was raised by the Bureau of Lands during the registration proceedings.
After trial, the Court rendered a decision setting aside the issuance of the said decrees adjudicating the lot to the petitioners. Petitioners appealed but the decision was affirmed by the Court of Appeals. Hence, this petition.
Petitioners contended that the decision adjudicating the lots to them having become final, it
may no longer be reopened, reviewed, much less set aside. They anchor this claim on section 30 of P.D. No. 1529 (Property Registration Decree) which provides that, after judgment has become final and executory, the court shall forthwith issue an order to the Commissioner of Land Registration for the issuance of the decree of registration and certificate of title.
Issue
- Whether or not the decision in a land registration proceeding has become final and can no longer be set aside.
- Whether or not the Land Registration Commission has no alternatives but to issue the decrees of registration pursuant to the orders of the Court as their duty is purely ministerial.
Held
1. No. Adjudication of land in a cadastral or land registration proceeding does not become final, in the sense of incontrovertibility until after the expiration of one (1) year after the entry of the final decree of registration. The Supreme Court in several decisions provided that as long as a final decree has not been entered by the Land Registration Commission (now NLTDRA) and the period of one (1) year has not elapsed from date of entry o such decree, the title is not finally adjudicated and the decision in the registration proceeding continues to be under the control and sound discretion of the court rendering it.
2. No. The duty of respondent’s land registration officials to render reports is not limited to the period before the court’s decision becomes final, but may extend even after its finality but not beyond the lapse of one (1) year from the entry of the decree. Moreover, the duty of the Land Registration Commission is ministerial in the sense that they act under the orders of the court and the decree must be in conformity with the decision of the court and with the data found in the record, and they have no discretion in the matter. However, if they are in doubt upon any point in relation to the preparation and issuance of the decree, it is their duty to refer the matter to the court. They act, in this respect, as officials of the court and not as administrative officials, and their act is the act of the court. They are specifically called upon to “extend assistance to courts in ordinary and cadastral land registration proceedings.”