[G.R. No. 14167. August 14, 1919.

] decree is final and its order for the issuance of the

certificates of title by the Chief of the Land Registration
THE GOVERNMENT OF THE PHILIPPINE ISLANDS, Office. Such order is made if within thirty days from the
petitioner and appellee. ANTIPAS VAZQUEZ and date of receipt of a copy of the decision no appeal is
BASILIO GAYARES, Petitioners-Appellants, v. taken from the decision. The third and last action
RUFINA ABURAL ET. AL., objectors-appellees. devolves upon the General Land Registration Office.

Cohn & Fisher, for Appellants. 5. ID.; ID.; ID.; FINALITY OF DECREE. — For a decree to
exist in legal contemplation, it is not necessary to await
Hilado & Hilado, for Appellees. the preparation of a so-called decree by the Land
Registration Office.
SYLLABUS
6. ID.; ID.; ID.; ID. — Cadastral proceedings
1. LAND REGISTRATION; TORRENS SYSTEM; PURPOSE. commenced. Notice published in the Official Gazette.
— The prime purpose of the Torrens System, as Trial judge also issued general notice. S asks for the
established in the Philippine Islands by the Land registration in his name of lot No. 1608. Hearing had. On
Registration Law (Act No. 496), is to decree land titles September 21, 1916, the court in a decree awarded the
that shall be final, irrevocable, and indisputable. lot to S. On November 23, 1916, the time for an appeal
having passed, the court declares the decree final. On
2. ID.; CADASTRAL SYSTEM; PURPOSE. — The purpose July 23, 1917, before the issuance by the Land
of the offspring of the Torrens System here known as the Registration Office of the so-called technical decree, V
Cadastral System, as established in the Philippine Islands and G ask that the case be reopened to receive proof
by the Cadastral Act (No. 2259), is, like the purpose of relative to the ownership of the lot. Motion denied by the
the Torrens System, proper incontestability of title. As trial court. Held: That since the judgment of the Court of
stated in Section 1 of the Cadastral Act, the purpose is to First Instance of September 21, 1916, has become final,
serve the public interest, by requiring that the titles to and since no action was taken within the time provided
any lands "be settled and adjudicated." cr ala w virt u a1 aw l ib rary
by law for the prosecution of an appeal by bill of
exceptions, the Supreme Court is without jurisdiction,
3. ID.; ID.; PROCEEDINGS. — Many precautions are and the appeal must be dismissed.
taken to guard against injustice.
7. ID.; ID.; RELIEF FROM JUDGMENT. — Whether
4. ID.; ID.; ID. — After trial in a cadastral case, three Sections 113 and 513 of the Code of Civil Procedure
actions are taken. The first adjudicates ownership in apply to cadastral proceedings, quare.
favor of one of the claimants. This constitutes the
decision — the judgment — the decree of the court. The 8. GENERAL LAND REGISTRATION OFFICE. — The
second action is the declaration by the court that the General Land Registration Office has been instituted "for
 the due effectuation and accomplishment of the laws although said to reside in this municipality, and although
relative to the registration of land." (Administrative Code said to have participated in other cadastral cases, did not
of 1917, Sec. 174.) enter any opposition as to this lot. Hearing was had
during September, 1916. On September 21 of this year,
the court issued the following decree: jg c:ch an rob les.com .p h

DECISION
"It is hereby decreed that, upon a previous declaration of
general default, the following lots be adjudged and
MALCOLM, J. : registered in the names of those persons whose names
appear next after the lots, and in accordance with the
following conditions: . . .
The principal question which this appeal presents is —
When does the registration of title, under the Torrens "Lot No. 1608 with the improvements thereon to the
System of Land Registration, especially under the conjugal partnership of Victoriano Siguenza and Marcela
different Philippine laws establishing the Cadastral Guanzon." cralaw virt u a1 aw lib rary

System, become final, conclusive, and indisputable? The

supplementary questions are — At what stage of the On November 23 of the same year, the court declared
cadastral proceedings does a decree exist in legal final the foregoing decree in the following language: jg c:ch an rob les .com .p h

contemplation? Does it exist from the moment that the

court, after hearing the evidence, adjudicates the land in "The decision rendered by the court in the above-entitled
favor of a person and then, or later decrees the land in case having become final on September 21, 1916, it is
favor of this person, or does it exist when the Chief of hereby ordered that the Chief of the General Land
the Land Registration Office transcribes the adjudication Registration Office issue the decrees corresponding to
in the prescribed form? the lots adjudged by said decision.

STATEMENT OF THE CASE. "An appeal having however been interposed as to the
lots enumerated as follows, the decrees thereon, must be
Cadastral proceedings were commenced in the suspended until further order by this court: jg c:ch an rob les.com.p h

municipality of Hinigaran, Province of Occidental Negros,

upon an application of the Director of Lands, on June 16, "Lot No. 521.
1916. Notice of the proceedings were published in the
Official Gazette as provided by law. The trial judge also Eight months later, that is, on July 23, 1917, but before
issued general notice to all interested parties. Among the issuance by the Land Registration Office of the so-
others, Victoriano Siguenza presented an answer asking called technical decree, Antipas Vazquez and Basilio
for registration in his name of lot No. 1608. The instant Gayares, the latter as guardian of the minor Estrella
petitioners, Antipas Vazquez and Basilio Gayares, Vazquez, came into the case for the first time. The
petitioners, after setting forth their right of ownership in before this court, because the time for the filing of their
lot No. 1608, and that it was included in their "Hacienda bill of exceptions has expired; while, if the cadastral
Santa Filomena," and after stating that they were in proceedings did not become final until the formal decree
complete ignorance of the proceedings, asked that the was issued by the Land Registration Office, then it was
judgment of the court be annulled and that the case be proper for them to ask for a reopening of the case, and it
reopened to receive proof relative to the ownership of would, consequently, be just as proper for this court to
the lot. Counsel for Victoriano Siguenza answered by order the trial court to permit the same.
counter-motion, asking the court to dismiss the motion
presented on behalf of Vazquez and Gayares. The court OPINION.
denied the motion for a new trial on the theory that there
being a decree already rendered and no allegation of The prime purpose of the Torrens System is, as has been
fraud having been made, the court lacked jurisdiction. It repeatedly stated, to decree land titles that shall be final,
may also be stated parenthetically that counsel for irrevocable, and indisputable. Incontestability of title is
Vazquez and Gayares made an unsuccessful attempt in the goal. All due precaution must accordingly be taken to
the Supreme Court, through mandamus, to have the guard against injustice to interested individuals who, for
record completed by the taking of evidence. some good reason, may not be able to protect their
rights. Nevertheless, even at the cost of possible cruelty
In order that the matter may not be confused, let it which may result in exceptional cases, it does become
again be made clear that counsel for petitioners have not necessary in the interest of the public weal to enforce
raised the question of fraud as provided for in Section 38 registration laws. No stronger words can be found than
of the Land Registration Law, nor have they asked to be those appearing in Section 38 of the Land Registration
relieved from a judgment or order, pursuant to Section Law (Act No. 496) wherein it is said that: "Every decree
113 of the Code of Civil Procedure, because of mistake, of registration shall bind the land, and quiet title thereto.
inadvertence, surprise, or excusable neglect. As a matter . . . It shall be conclusive upon and against all persons,
of fact, they could not well claim fraud because all the including the Insular Government and all the branches
proceedings were public and free from any suspicion of thereof, whether mentioned by name in the application,
chicanery. As a matter of fact, also, any special reliance notice, or citation, or included in the general description
on Section 113 of the Code of Civil Procedure would not ’To all whom it may concern,’ Such decree shall not be
get them anywhere because more than six months had opened by reason of the absence, infancy, or other
elapsed after the issuance of a judgment in this case. disability of any person affected thereby, nor by any
The issue fundamentally becomes one of whether or not proceeding in any court for reversing judgments or
the Supreme Court has jurisdiction over the appeal, since decrees; subject, however, to the right of any person
if the judgment and the supplemental decree issued by deprived of land or of any estate or interest therein by
the Judge of the Court of First Instance on September decree of registration obtained by fraud to file in the
21, 1916, and November 23, 1916, respectively, have Court of Land Registration (Court of First Instance) a
become final, petitioners may no bring their appeal petition for review within one year after entry of the
decree, provided no innocent purchaser for value has of original certificates of title in favor of said persons."
acquired an interest." cral aw virt u a1 aw lib rary (Act No. 2259, Sec. 11.) Aside from this, the commotion
caused by the survey and a trial affecting ordinarily
While such statements can be made of the Torrens many people, together with the presence of strangers in
System proper, they become even more incisive and the community, should serve to put all those affected on
peremptory when we come to consider the offspring of their guard.
this system, here known as the Cadastral System. Under
the Torrens System proper, whether action shall or shall After trial in a cadastral case, three actions are taken.
not be taken is optional with the solicitant. Under the The first adjudicates ownership in favor of one of the
Cadastral System, pursuant to initiative on the part of claimants. This constitutes the decision — the judgment
the Government, titles for all the land within a stated — the decree of the court, and speaks in a judicial
area, are adjudicated whether or not the people living manner. The second action is the declaration by the
within this district desire to have titles issued. The court that the decree is final and its order for the
purpose, as stated in section one of the Cadastral Act issuance of the certificates of title by the Chief of the
(NO. 2259), is to serve the public interests, by requiring Land Registration Office. Such order is made if within
that the titles to any lands "be settled and adjudicated." cral aw thirty days from the date of receipt of a copy of the
decision no appeal is taken from the decision. This again
virt u a1 aw lib rar y

Admitting that such compulsory registration of land and is judicial action, although to a less degree than the first.
such excessive interference with private property
constitutes due process of law and that the Acts The third and last action devolves upon the General Land
providing for the same are constitutional, a question not Registration Office. This office has been instituted "for
here raised, yet a study of the law indicates that many the due effectuation and accomplishment of the laws
precautions are taken to guard against injustice. The relative to the registration of land." (Administrative Code
proceedings are initiated by a notice of survey. When the of 1917, Sec. 174.) An official found in the office, known
lands have been surveyed and plotted, the Director of as the chief surveyor, has as one of his duties "to
Lands, represented by the Attorney General, files a prepare final decrees in all adjudicated cases."
petition in court praying that the titles to the lands (Administrative Code of 1917, Sec. 177.) This latter
named be settled and adjudicated. Notice of the filing of decree contains the technical description of the land and
the petition is then published twice in successive issues may not be issued until a considerable time after the
of the Official Gazette in both the English and Spanish promulgation of the judgment. The form for the decree
languages. All persons interested are given the benefit of used by the General Land Registration Office concludes
assistance by competent officials and are informed of with the words: "Witness, the Honorable (name of the
their rights. A trial is had. "All conflicting interests shall judge), on this the (date)." The date that is used as
be adjudicated by the court and decrees awarded in favor authority for the issuance of the decree is the date when,
of the persons entitled to the lands or the various parts after hearing the evidence, the trial court decreed the
thereof, and such decrees, when final, shall be the bases adjudication and registration of the land.
 much more applicable and can, with as much reason, be
The judgment in a cadastral survey, including the applied to the cadastral system.
rendition of the decree, is a judicial act. As the law says,
the judicial decree when final is the base of the As a general rule, registration of title under the cadastral
certificate of title. The issuance of the decree by the Land system is final, conclusive and indisputable, after the
Registration Office is ministerial act. The date of the passage of the thirty-day period allowed for an appeal
judgment, or more correctly stated, the date on which from the date of receipt by the party of a copy of the
the defeated party receives a copy of the decision, begins judgment of the court adjudicating ownership without
the running of the time for the interposition of a motion any step having been taken to perfect an appeal. The
for a new trial or for the perfection of an appeal to the prevailing party may then have execution of the
Supreme Court. The date of the title prepared by the judgment as of right and is entitled to the certificate of
Chief Surveyor is unimportant, for the adjudication has title issued by the chief of the Land Registration Office.
taken place and all that is left to be performed is the The exception is the special provision providing for fraud.
mere formulation of the technical description. If an
unknown individual could wait possibly years until the Counsel for appellants and appellees have favored the
day before a surveyor gets around to transcribing a court with able arguments relative to the applicability of
technical description of a piece of land, the defeated Sections 113 and 513 of the Code of Civil Procedure to
party could just as reasonably expect the same cadastral proceedings. The view we take of the case
consideration for his appeal. As a matter of fact, the so- would make unprofitable any discussion of this question.
called unknown is a party just as much as the known
oppositor for notice is to all the world, and the decree It appearing that the judgment of the Court of First
binds all the world. Instance of Occidental Negros of September 21, 1916,
has become final, and that no action was taken within
Both counsel for petitioners and respondents rely upon the time provided by law for the prosecution of an appeal
the decision of this court in the case of Tambunting v. by bill of exceptions, this court is without jurisdiction.
Manuel ([1916], 35 Phil.; 699) . That case and the Accordingly the appeal is dismissed with costs against
instant case are not the same. In the Tambunting case the appellants. So ordered.
the contest was really between two parties each claiming
to have a Torrens title; here one party has the title and Arellano, C.J., Torres, Johnson, Street, Avanceña and
the other is seeking to oust him from his fortress. In the Moir, JJ., concur.
Tambunting case the declaration of ownership but not
the decree of registration had issued; here both
declaration and decree have issued. The doctrines
announced in the decision in Grey Alba v. De la Cruz
([1910], 17 Phil., 49) relating to general notice and the
indefensibility of land titles under the Torrens system are