G.R. NO. 149609 - HEIRS OF TAMA TAN BUTO, REPRESENTED BY JAYNOL TAMA TAN BUTO, VS. ERNESTO T. LUY.DECISION - Supreme Court E-Library

Ruling

Accordingly, Sales Patent No. V-1113, covering the land in question was finally granted to the oppositor Leyva on October 9, 1954 (Exh. 65) and by virtue of the Sales Patent, Original Certificate of Title No. V-160 (Exh. 65) was issued in favor of the oppositor Leyva. [14] The 1968 Decision of the appellate court further ruled that Buto failed to pursue the remedies available to him as a person aggrieved by registration of a land under Act No. 496, which is to file a petition for review within one (1) year from the issuance of a decree of registration obtained by fraud; or to institute an ordinary action for the cancellation and/or reconveyance of title. Buto, instead of filing the appropriate remedy provided for by law, instituted an application for registration of land previously registered. Hence, the Land Registration Court has no jurisdiction over the same. Furthermore, Buto's participation in the auction sale is tantamount to his admission that the land belonged to the public domain. Having taken that position, Buto is estopped from taking a stand contrary to it. [15] The CA decision dated March 15, 1968 became final and executory on April 6, 1968 and was accordingly entered in the book of judgments. [16] In 1999, the heirs of Buto inquired with the CA if an appeal was made on the decision of the trial court dated February 27, 1961. [17] On September 10, 1999, the Chief of the Judicial Records Division of the CA issued a Certification [18] to this effect: This is to certify that Land Reg. Case No. N-62, LRC Record No. 8541 of the Regional Trial Court (CFI), 12 th Judicial Region of Cotabato City entitled "APPLICATION FOR REGISTRATION OF LAND/TAMA TAN BUTO," was not received on appeal by this Court as per verification from our records of appealed civil case. [19] In view of the above-cited certification, the heirs of Buto filed a Motion for Execution of the February 27, 1961 decision of the trial court. [20] On May 12, 2000, the trial court [21] in Registration Case No. N-62, entitled "Heirs of Tama Tan Buto, represented by Jaynol Tama v. Heirs of Eligio T. Leyva , represented by Emmanuel Leyva & Conception Leyva Cornelio, and the Director of Lands," issued an Order [22] granting the writ of execution. The dispositive portion of the Order reads: WHEREFORE, let a writ of execution be issued against private respondents, his heirs, and assigns, and successors-in-interests. SO ORDERED.