Roman Catholic vs El Monte 1939 [d]

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    17-Nov-2015

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SpecPro Digest Midterm

Roman Catholic vs El Monte de Piedad 1939

Facts: Sept 30 1911: Roman Catholic, a corp sole, filed an application [Court of Land Registration] for the registration of 3 parcels of land- alleged: property acquired through donation from Doa Anna for religious purposes Jan 19: Decree No. 6443 & COT issued Property transferred to:1] El Monte &2] Asiatic Petroleum

- except:1] 1 portion occupied by the Padres Redentoristas &2] another expropriated by the Province of Rizal for public purposes [24 yrs after issuance of oct] Municipality of Paraaque filed in the registration proceedings [CFI] a petition for a declaration of escheat in its favour- under:1] Sections 110 and 112, Act 4962] Sections 750 and 751, Civ Pro The ff. filed their oppositions:1] El Monte2] Padres3] Roman Catholic

Nov 28 1936: court denied the petition- ground: same could not be entertained in the registration proceedings Municipalitys views are:1] property not been really donated by Doa Anna to Roman Catholic but merely constituted [Nov 13 77] a chaplaincy allotting P100 yearly for masses to be said / for the repose of her and her parents soul2] amount be taken from the rents of the property &- be given to Bachiller Felipe, who say the masses, as a priest and chaplain3] property should escheat in favour of the municipality [r] chaplain died without heirs

ISSUEW/N THE PROPERTY SHOULD BE DECLARED ESCHEATED NO

HELD Doa Anna died 250 years ago- Chaplain died 150 years ago Right to escheat of municipality existed long prior to the registration proceedings [instituted by: Roman Catholic]- right deemed completely waived[r] not asserted in said proceedings by the mun

Under Torrens System claims and liens of whatever character, [except those mentioned by law] existing against the land prior to the issuance of the COT, are cut off by such certificate if not noted thereon,And the certificate so issued binds the whole world including the Government

contention of the appellants that theres no donation to the Roman Catholic, but merely an implied trust, which may be enforced against him in favor of Doa Annas successor is untenable- assuming it right: appropriate remedy not a petition in the land registration proceedings but a separate action> in the instant case: rule applicable, especially where there are third persons affected [El monte, Asiatic petroleum, padres]> transfers made to these entities null and void> nullity of such transfers cannot be determined by a motion in the registration proceedings but in a separate action