G.R. No. 157719 - REPUBLIC OF THE PHILIPPINES, VS. CLEMENTE TAPAY AND ALBERTO T. BARRION, AS THE LEGAL REPRESENTATIVE OF THE HEIRS OF THE DECEASED FLORA L. TAPAY,[1].D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, and upon previous confirmation of the Order of General Default, this Court hereby adjudicates and decrees, the land subject matter of this application in favor of and in the names of applicants FLORA TAPAY, married to Ambrocio Barrion and CLEMENTE TAPAY, married to Leticia Aranda, both Filipinos, of legal age and residing at Barrio Maraouy, Lipa City, as the true and absolute owners thereof, in equal shares pro indiviso . Once this Decision have become final, let the corresponding decree of registration be issued. [15] After the Decision became final, the RTC directed the LRC to issue the decree of registration and the corresponding certificate of title. [16] However, instead of complying with the order, the LRC submitted a supplemental report reiterating that the subject land was previously the subject of registration proceedings in Cadastral Case No. 33. [17] The LRC then recommended that the cadastral court's decision be nullified so that it can issue a decree of registration in favor of respondents. [18] Accordingly, respondents filed a motion to set aside the decision in Cadastral Case No. 33 in order to give effect to the May 28, 1982 Decision of the RTC. [19] This motion was granted in the August 14, 1996 Order of the RTC, viz .: WHEREFORE, as prayed for, the Decision in Cadastral Case No. 33, LRC (GLRO) Cadastral Record No. 1305 relative to Lot No. 10786 is hereby SET ASIDE. SO ORDERED.