G.R. No. 146208 - HEIRS OF BALDOMERO ROXAS Y HERMANOS, REPRESENTED BY EDUARDO GONZALES, VS. HON. ALFONSO S. GARCIA, PRESIDING JUDGE, BRANCH 18, RTC, TAGAYTAY CITY; REPUBLIC PLANTERS BANK; & SOLID BUILDERS, INC..D E C I S I O N - Supreme Court E-Library

Ruling

accordingly issued to Landicho. [5] Lot No. 2 of the Landicho property was later sold to Porfirio Beljica who was issued TCT No. 3255. [6] Beljica in turn sold Lot No. 2 of the Landicho property to the Taal Development Corporation which was issued TCT No. 3445. [7] The Taal Development Corporation later mortgaged Lot No. 2 of the Landicho property to the Republic Planters Bank which eventually acquired it on July 7, 1965 following the foreclosure sale thereof after the former failed to comply with its mortgage obligation. Republic Planters Bank was then issued TCT No. T-4211. [8] On April 11, 1962 , Vicente Singson, Jr., husband of one of the children of the spouses Sixto Roxas and Alejandra Luz heirs of the late Baldomero Roxas (Roxas), filed an application for registration covering the Roxas property at the then Court of First Instance (CFI) of Cavite, docketed as Case No. N-249, LRC Record No. 22973. [9] By Decision of April 2, 1963, Branch 3 of the Cavite CFI adjudged in Case No. N-249, LRC Record No. 22973 the registration of the Roxas property in favor of the heirs. By Order of May 23, 1963, the court declared its April 2, 1963 decision final and accordingly ordered the Land Registration Commission (LRC) to issue a decree of confirmation and registration. [10] The LRC, by Report of October 15, 1963, stated, however, that the confirmation could not be done due to overlapping claims on the area. [11] From a Report dated September 5, 1983 prepared by Geodetic Engineer Basilio Cabrera, and a later Report dated November 12, 1987 prepared by the Chief of the Surveys Division Regional Management Bureau who was directed by the court to comment on Engineer Cabreras report, it is gathered that Psu-136750 (covering the Landicho property) overlapped Psu N-113427 (covering the Roxas property). [12] It turned out that in Case No. 167, LRC (GLRO) Record No. N-7208, the alleged overlapping by Psu-136750 of Psu-113427 was overlooked. Vicente Singson, Jr., in the meantime, died on April 20, 1965. [13] The Heirs of Roxas later filed in Case No. N-249 LRC Record No. 22973 a motion to intervene dated August 10, 1978 [14] which was granted. By Order of June 29, 1988, the land registration court, Branch 17 of the Regional Trial Court (RTC) of Cavite which took over the cases pending before Branch 3 of the former CFI of Cavite, noting that titles to properties cannot be collaterally attacked, directed the parties to have Plan PSU-113427 amended to exclude the portions already titled [in the name of Landicho] without prejudice to filing the corresponding case for annulment of titles. [15] By Order [16] of July 2, 1991, the land registration court, resolving two motions to reopen the decree of registration in LRC Case No. N-249, ruled: x x x After evidence pro and con for the reopening of this case to determine the merits of the report of the Land Registration Commission of October 15, 1963 which states that there are several overlappings upon the very