Вы находитесь на странице: 1из 1

Arceo v.

CA
G.R. No. 81401,18 May 1990
Nature: petition to review the decision of the CA
Ponente: InesLuciano, J.
Facts:
Spouses Abdon Arceo and Escolastica Geronimo had one son, Esteban.
Spouses were also the owners of 4 parcels of unregistered land located in Pulilan,
Bulacan. Abdon died in 1953, Escolastica in 16 sept 1942 and Esteban in 2 Sept 1941.
Esteban sired Jose, Pedro, Lorenzo, Antonio and Sotera. Jose married Virginia Franco
with whom he fathered 6 children and are the petitioners of this case against Joses
siblings.
On October (or Sept) 27 1941, the spouses Arceo executed a deed of donation
on the said parcels of land in favor of Jose, presented in court as exhibit J. On 2
August 1950, the spouses Arceo executed another deed of donation to Jose on the
same parcels of land, presented in court as exhibit T. Exhibit J and T were executed
inter vivos. On the other hand, on October 3(or 30) 1941 which was, exhibit 1, the
spouses Arceo executed a deed of donation to ALL GRANDCHILDREN including Jose,
thereby revoking exhibit J.
On 12 January 1972, Petitioners filed with the Cadastral Court (CC) an
application for the 4 lots under the strength of exhibits J and T. Respondents contested
the petition on the strength of exhibit 1. CC dismissed the petition and distributed the
land based on intestate succession, CA affirmed the decision CC, hence this petition.
Issue: WON the CC had no jurisdiction to decide cases on claims of ownership of property.
Ruling: No. The CC HAD jurisdiction to decide cases on claims of ownership of property.
Under Section 2 of the Property Registration Decree, the jurisdiction of the RTC, sitting as a
land registration court, is no longer as circumscribed as it was under Act No. 496, the former
land registration act. The PRD has eliminated the distinction between the general jurisdiction
vested in the RTC and the limited jurisdiction conferred upon it by Act 497 when acting merely
as a Cadastral court. Such amendment conferred upon the trial courts he authority to act not
only on applications for original registration but also over all petitions filed after original
registration of title, with power to hear and determine all questions arising from such
applications or petitions.
Likewise, where the issues of ownership is ineluctably tied up with the question of right of
registration, the Cadastral Court has jurisdiction over it. Hence, decision of CA is set aside.

Вам также может понравиться