Del Prado vs.

Caballero

In a judgment rendered on February 1, 1985 in a cadastral case, Judge Reyes of the
RTC of Cebu adjudicated in favor of the spouses Caballero seveal parcels of land in
Cebu, including Cadastral Lot No. 11909. Antonio Caballero moved for the final
decree of registration for the lots. The same court, through Judge Ducadao, ordered
the National Land, Titles, and Deeds Registration Administration to issue the decree
of registration and the corresponding titles of the lots in favor of the spouses.

On June 11, 1990, the spouses sold to Carmen Del Prado Lot No. 11909 on the basis
of tax declaration covering the property. The Original Certificate of Title covering lot
no. 11909 was issued only on Novemeber 15, 1990 and entered in the registration
book of the city of Cebu on December 19, 1990. Therein, the technical description of
lot no. 11909 is about 14, 457 sq.m.

On March 20, 1991, Del Prado filed in the same cadastral proceedings a Petition for
Registation of Document under PD 1529 in order that a certificate of title be issued in
her name. In the petition, Del Prado alleged that the sle was for a lump sum, in which
case, the vendor was bound to deliver all that was included witin said boundaries even
when it exceeded the area specified in the contract. Respondents opposed, saying only
4,000 sq.m. was sold.

The Regional Trial Court ruled that Del Prado established a clear and positive right
over the lot, the sale was for a lump sum, and the subject matter of the sale was the
parcel of land and not only a portion thereof. The court of appeals reversed and set
aside the ruling of RTC, the petition for registration of document is not one of the
remedies provided for under PD 1529 after the original registration has been effected.

Issue:
WON the sale of the land is for a lump sum

Ruling:
Not really a lump sum. The deed of sale is not one of a unit price contract because the
parties agreed for the price. Petitioner id not entitled to have the certificate of transfer
covering the whole lot no. 11909, which was originally issued in the name of
respondents, transferred to her name. Respondents only intended to seel 4,000 sq.m.
Del Prado's petitionis improper. Since the certificate of transfer was issued in favor of
the spouses, and their names appear therein, they have the title to the land in question,
serves a evidence of an indefeasible and incontrovertible title, and since the one year
period already prescribed, the title became incontrovertible it can no longer be
contested.