Gallarado v. Intermediate Appellate Court

G.R. No. L-67742 October 29, 1987

FACTS: Petitioners were nephew and niece of the late Pedro Villanueva and first cousin of the private respondent Marta Villanueva vda. de Agana, the latter being the daughter of Pedro Villanueva. The subject matter of this controversy involves a parcel of land situated in Cavinti, Laguna consisting of 81,300 square meters, more or less, initially covered by an original Certificate of Title No. 2262, issued on April 2, 1924 owned and registered in the name of the late Pedro Villanueva. On August 10, 1937, petitioner claimed that the aforestated land was sold to them in a private document, an unnotarized deed of sale written in Tagalog that was allegedly signed by the late Pedro Villanueva conveying and transferring the property in question in favor of the petitioners. Subsequently, the Original Certificate of Title was cancelled and a new certificate of title was issued in the name of the petitioners covered by Transfer Certificate of Title No. RT- 6293 (No. 23350) on January 4, 1944. On November 17, 1976, defendant Marta Villanueva together with Pedro Villanueva, Jr., and Restituto R.Villanueva executed and filed an Affidavit of Adverse Claim with the Office of the Register of Deeds of Laguna. When petitioners learned of this Affidavit of Adverse Claim, attempt was made to settle said controversy amicably, but they failed. So, petitioners instituted court suit against the private respondent and her husband, Dr. Marcelo S. Agana, Sr. by filing a complaint for Quieting of Title and Damages with the Court of First Instance of Laguna on February 3, 1977.

The Court of First Instance of Laguna rendered its decision declaring the deed of sale of August 10, 1937, as well as the reconstituted transfer certificate of title of petitioners, void ab initio. 

Thus, petitioners filed notice of appeal to the Intermediate Appellate Court. However, the Intermediate Appellate Court, on May 22, 1984, affirmed in toto the decision of the trial court. Hence, this petition.

ISSUE: Whether or not there was a valid reconstitution of Transfer Certificate of TitleNo. RT-6293 (No. 23350) issued in the names of petitioners.

HELD: No. Section 127 of Act 496 which requires, among other things, that the conveyance be executed "before the judge of a court of record or clerk of a court of record or a notary public or a justice of the peace, who shall certify such acknowledgment substantially in form next hereinafter stated” was violated.

The action of the Register of Deeds of Laguna in allowing the registration of the private deed of sale was unauthorized and did not lend a bit of validity to the defective private document of sale. With reference to the special law, Section 127 of the Land Registration Act, Act 496 “Deeds of Conveyance, affecting lands, whether registered under this act or unregistered shall be sufficient in law when made substantially in accordance with the following forms, and shall be as effective to convey, encumber or bind the lands as though made in accordance with more prolix forms heretofore in use.”

It is therefore evident that Exhibit "E" in the case at bar is definitely not registerable under the Land Registration Act. Also, the contention that ownership over registered property may be acquired by prescription or adverse possession is absolutely without merit. No title to registered land in derogation of that of the registered owner shall be acquired by prescription or adverse possession. Prescription is unavailing not only against the registered owner but also against his hereditary successors.