This case has been cited 1 times or more.
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2014-04-23 |
PERALTA, J. |
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| It is clear that the March 23, 1998 Order of the RTC Binangonan, Rizal, Branch 69, which purports to merely enforce the September 15, 1977 Decision of the CFI, disturbs the stability of TCT No. M-2095, a collateral attack that is impermissible under Section 48 of PD 1529 and well-entrenched jurisprudence. After the promulgation of the Guido on November 21, 1991, it can no longer be said that an original registration proceeding is proper, since Guido held that Decreto No. 6145 and TCT No. 23377 (the mother title from which TCT No. M-2095 was derived) are genuine and authentic. What the land registration court should have done was to dismiss the application for registration upon learning that the same property was already covered by a valid TCT. We reiterate that, unlike ordinary civil actions, the adjudication of land in a land registration or cadastral proceeding does not become final and incontrovertible until after the expiration of one (1) year after the entry of the final decree of registration and that until such time 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.[26] Until then the court rendering the decree may, after hearing, set aside the decision or decree and adjudicate the land to another person.[27] | |||||