429 Phil. 391
YNARES-SANTIAGO, J.:
WHEREFORE, premises considered, the Court hereby confirms the title of herein petitioner Regino B. Relova, Jr. to the parcels Lot No. 1834 Cad-688-D covered by Plan Ap-04-006273 and Lot No. 1832 Cad-688-D covered by Plan Ap-006183 situated in Barangay San Juan, Municipality of Taytay, Province of Rizal containing an area of three hundred thirty nine (339) square meters and seventeen thousand four hundred nine (17,409) square meters respectively and orders their registration in the name of herein applicant Regino B. Relova, Jr. who is married to Lourdes S. Guino with all the rights and privileges appertaining thereto.Subsequently, the LRA filed with the trial court a Supplementary Report, submitting the corrected technical boundaries of the technical descriptions for Lots 1832 and 1834. The report further states:
Let an order for issuance of a Decree be issued upon finality of this decision and payment of taxes and fees due on the subject parcels of land.
SO ORDERED.[8]
WHEREFORE, the foregoing report is respectfully submitted to the Honorable Court for its information and guidance with the recommendation that (a) the corrected technical description of lot 1832, Cad 688-D, Cainta-Taytay Cadastre (Annex J) be approved and (b) the applicant be ordered to publish in the Official Gazette the corrected technical description of Lot 1834, Cad 688-D, Cainta-Taytay Cadastre (Annex K), and thereafter, an order be issued approving the said technical description to be utilized in the issuance of the corresponding decree of registration pursuant to the decision dated January 25, 1993 and Order for the issuance of the Decree dated April 1, 1993.[9]On October 28, 1993, the trial court issued the following Order:
Considering the Report of the Land Registration Authority (LRA) dated September 20, 1993 as well as the “Urgent Ex-Parte Motion” of the applicant through counsel, the court hereby approves the corrected technical description of Lot 1832, Cad-688-D, Cainta Taytay Cadastre. Moreover, the recommendation that the corrected technical description of lot 1834, Cad-688-D Cainta-Taytay Cadastre be published in the Official Gazette is hereby DENIED for the reason that the correction (amendment) does not appear to be substantial inasmuch as the boundaries affected are both owned by the applicant in the above-entitled case.Upon motion of respondent Relova, the trial court ordered the issuance of a writ of possession on December 7, 1993.[11]
SO ORDERED.[10]
It appears that the Decree of Registration in the above-entitled case with No. N-205474 was issued on February 28, 1994 while oppositor’s “Petition for Reopening and Review” and “Supplemental Petition” were filed on March 2, 1994 and on August 9, 1994, respectively. It appears also, that the applicant has not yet transferred the subject land to an innocent purchaser for value, hence the court is of the considered view that the oppositor may avail himself of the remedy provided under article 32 of PD 1529 otherwise known as the Property Registration Decree which grants to “any person, including the government and the branches thereof, deprived of land or of any estate or interest therein by such adjudication or confirmation of title obtained by actual fraud, to file in the proper Regional Trial Court a petition for reopening and review of the decree of registration not later than one year from and after the date of entry of such decree of registration, but in no case shall such petition be entertained by the court where an innocent purchaser for value has acquired the land or an interest thereon, whose rights may be prejudiced…”Upon a motion for reconsideration of respondent,[16] the trial court reversed its previous order, to wit:
The allegations of the oppositor as to the actual fraud allegedly committed by the applicant in the latter’s application for registration of title of lot 1832 necessarily requires proof which can only be adduced in a proper hearing or trial. Corollary, thereto, is the requirement of the law for the oppositor, to prove his real or dominical right over the lot in question.
In view thereof, the Motion for Leave to File and Admission of Supplemental Petition is hereby GRANTED.
The above-entitled case is therefore, re-opened insofar as Lot 1832 is concerned.
In the meantime, the execution of the writ of possession issued in the above-entitled case is hereby held in abeyance insofar as lot 1832 is concerned, pending resolution of the petition for review of herein oppositor.
Let this case be set for reception of evidence for oppositor Crisanto Francisco on April 6, 1995 at 9:00 A.M.
SO ORDERED.[15]
Wherefore, premises considered, the court therefore reconsiders its order of February 27, 1995 and hereby reiterates its decision in this case for the registration of lots applied for by the applicants.Petitioner filed a motion for reconsideration,[18] arguing that he was denied due process of law when he was deprived the opportunity to prove the allegation of fraud committed by the applicant in securing a decree of registration on the land in dispute. The motion for reconsideration was, however, denied.[19]
The court also approves the motion for issuance of the writ of possession as prayed for by the applicants and hereby orders the issuance of said writ.
SO ORDERED.[17]
Whether a court can refuse to receive evidence on allegations of fraud, in a petition for review of an application for registration, committed by the applicant in his application and in the proceedings, legally sufficient to nullify and set aside such decision approving registration and the decree and certificate of title subsequently issued, and then reiterate its original decision and decree without trying and resolving if the alleged frauds were committed or not?The core issue in this appeal is whether or not petitioner was denied due process when the trial court denied the petition for the reopening and review of the decree of registration, thereby depriving petitioner of the opportunity to substantiate the allegations of fraud.
Whether such refusal to hear and receive evidence on the petition for review is a denial of due process that renders the court’s orders, decisions and proceedings void and annullable for lack, excess, or abuse of jurisdiction?
Whether an appellate court that affirms such void decision and orders of the trial court and refuse to remand below the appealed case for trial on the merits, equally commits a violation of due process and acts without, in excess or with abuse of jurisdiction?
Whether lack of jurisdiction on the part of the trial court for applicant’s failure to prove jurisdictional requirement of publication in a newspaper of general circulation of the application and date of initial hearing, because the evidence or affidavit of publication presented as proof thereof is a falsified one and, therefore, null and void, can be raised in any stage of the proceedings, and cause the dismissal of the application or the nullification or setting aside of the decision granting registration for lack of jurisdiction?
The issue to be resolved in the instant motion for reconsideration is whether or not there was fraud committed by the applicant in this case. To the mind of the court there is no fraud committed. It should be noted that the Report of the LRA that was submitted to the court states that there are some corrections in the technical descriptions of the property but the area of the property has remained the same as applied for. That is why this court in its order dated October 28, 1993 granted the motion of counsel for the applicant to approve the technical corrections for the reason that the correction without need for the republication amendment does not appear to be substantial. It should be noted also that the order of the Land Registration Authority recommended the corrected technical description of Lot 1832 Cad-688-D Cainta-Taytay Cadastre be approved and the applicant be ordered to publish in the Official Gazette the corrected technical description of Lot 1834 Cad-688-D Cainta-Taytay Cadastre. Thereafter, an order be issued approving the said technical description to be utilized in the issuance of the corresponding decree of registration. So it is clear that with respect to Lot 1832, which is the subject matter of the opposition in this case, the LRA merely stated that the corrected technical description of Lot 1832 be approved. This court approved the said corrected technical description of Lot 1832 as recommended by LRA. There is therefore no fraud upon a review by the court of the motion for reconsideration and the opposition thereto as well as taking into account the oral arguments of both counsels for the applicant and the oppositor on the matter of a legal fraud committed in this case. The court merely complied with the recommendation of the LRA for the approval of the corrected technical description of Lot 1832. The court did not order to republish in the Official Gazette the corrected technical description therein as it is not substantial for the area of the land still remains the same.A careful scrutiny of the assailed order reveals that the trial court did not entirely consider the allegations of fraud or falsity in the petition to reopen and review the decree of registration. The trial court only resolved the issue of republication of the corrected technical description of Lot 1832 and found that the area of the property was the same as that applied for. It summarily dismissed the petition to review the decree of registration.
Wherefore, premises considered, the court therefore reconsiders its order of February 27, 1995 and hereby reiterates its decision in this case for the registration of lots applied for by the applicants.
The court also approves the motion for issuance of the writ of possession as prayed for by the applicants and hereby orders the issuance of said writ.[22]
Perhaps the trial judge had reasons to doubt the veracity of the supposed fraudulent acts, attributed to respondents. This doubt, however, should not have been made the basis of dismissal, because if a court doubts the veracity of the allegations in the petition, the best thing it could do would have been to deny the motion to dismiss and proceed with hearing on the merits, of the petition.A person deprived of land or any estate or interest therein by adjudication or confirmation of title obtained by actual fraud may seek the reopening and review of a decree of registration. The Torrens System is intended to guarantee the integrity and conclusiveness of the certificate of registration but it cannot be used for the perpetuation of fraud against the real owner of the registered land.[26]