G.R. No. L-24771 – 33 SCRA 936 – Civil Law – Land Titles and Deeds – Consequence of Indefeasibility
In 1916, a homestead patent was awarded to Carolina Aggasid for a parcel of land located in Solano, Nueva Vizcaya. The lot was later subdivided into two, Lot 984 and Lot 985. Carolina sold Lot 985 to Tomas Marcos. Time passed and Carolina’s land was passed over to her daughter, and her daughter later passed it over to her son, Alberto who then sold it to a certain Soriano. At that time, a cadastral proceeding subjected the two lots. Lot 984 was properly claimed by the heirs of Carolina, but Lot 985 was not claimed by anyone - not even Marcos. Since no one claimed Lot 985, it was declared by the cadastral court as public land.
Eventually, one Trinidad Agsunod was able to obtain a homestead patent for Lot 985. Agsunod later sold the land to Acedo. Soriano then claimed that they are the owners of the adjoining lot.
ISSUE: Whether or not Acedo has a right over the said lot.
HELD: No. Lot 985 used to be a part of a bigger land, that originally owned by Aggasid for which she was given a Torrens title. The consequence of such Torrens grant is that a cadastral court will never have jurisdiction to declare such as public land. This is regardless of the subsequent sale (made by Carolina to Marcos) and regardless of the fact that no one claimed the same when a cadastral proceeding subjected the said lot. A Torrens title was already provided in the past, the non-claiming of the land will not in any way defeat the Torrens.
