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LAND TITLES AND DEEDS (Albano, 2012)

CHAPTER V REGISTRATION OF LANDS


CASE DIGESTS BY JUN DIO
7. Herrera vs. Baretto & Joaquin 25, Phil 245 Original Registration Proceeding under the Property Registration Decree (P.D. 1529); Jurisdiction 47. Cardinal Building owners Association, Inc. vs. Asset Recovery and Management Corporation, 495 SCRA 103) registration of Condominium under PHILARIS (LIENS)

HERRERA vs. BARRETTO, JOAQUIN


G.R. No. 8692 | September 10, 1913 | MORELAND, J.:

CARDINAL BUILDING OWNERS ASSOCIATION, INC. vs. ASSET RECOVERY & MANAGEMENT CORP.
G.R. No. 149696 | July 14, 2006 | SANDOVAL-GUTIERREZ, J.:

FACTS: Petitioner assails the issuance of a mandatory injunction issued by the respondent judge Barretto ordering him to give Joaquin the necessary license to be able to operate his cockpit. Petitioner avers that the CFI doesnt have the jurisdiction to issue such injunction. ISSUE: Whether or not the CFI has jurisdiction to issue a mandatory injunction RULING: YES, it has. Jurisdiction is the authority to hear and determine a causethe right to act in a case. It does not depend either upon the regularity of the exercise of that power or upon the rightfulness of the decisions made. Jurisdiction should therefore be distinguished from the exercise of jurisdiction. The authority to decide a cause at all, and not the decision rendered therein, is what makes up jurisdiction. Where there is jurisdiction of the person and subject matter, the decision of all other questions arising in the case is but an exercise of that jurisdiction.
27. Republic vs. Rizalvo G.R. No. 172011, March 7, 2011 The applicant for registration over the land; Sec. 14 (2)

FACTS: Marual owns condominium units of Petitioner. Petitioner, due to Maruals failure to pay assessment dues, went to the RTC and was able to get a writ of possession of the said units. However, it appeared that Marual already sold his condominium units to herein Respondent and the deed of sale was registered in the RD of Manila. CA rendered a decision in favor of Respondent. ISSUE: Who has a better lien over the condominium units? RULING: The respondent has a superior lien pursuant to Section 20 of the Condominium Act. Records do not show that petitioner had its notice of assessment registered with the Registry of Deeds in order that the amount of such assessment could be considered a lien upon Marual's two condominium units. Petitioner's claim cannot be considered superior to that of respondent. The deed of sale wherein Marual conveyed to respondent his two condominium units was registered in the RD.

REPUBLIC vs. RIZALVO, JR.


G.R. No. 172011 | March 7, 2011 | VILLARAMA, JR., J.:

FACTS: Rizalvo applied for the registration of a parcel of land which, he says, he acquired through prescription. The OSG assails Rizalvos position by claiming that he is not a proper applicant to register such land in his name under Section 14 (2) of P.D. No. 1529. ISSUE: Whether or not Rizalvo can apply for registration of the subject land RULING: NO. He is not a proper applicant in the registration of the subject land. The thirty-year period of prescription for purposes of acquiring ownership and registration of public land under Section 14 (2) only begins from the moment the State expressly declares that the public dominion property is no longer intended for public service or the development of the national wealth or that the property has been converted into patrimonial.