Rojas v. City of Tagaytay
Rojas v. City of Tagaytay
FACTS
Zosimo Rojas, et al. claiming to be the registered owners of Lot No. 1 of an original survey
plan, decreed in their favor in a case, have filed this petition to nullify the order of the CFI of Cavite
with regard to the subsequent Land Registration Case decreeing, for the second time, the registration of
the same Lot No. 1, this time in favor of the City of Tagaytay, as part of its amendatory plan.
ISSUE
W/N the second decree for the same Lot No. 1 is void by res judicata? [YES]
RULING
There is no conflict between original survey plan and the amendatory plan for the latter is but
a subdivision plan, as its own title states. Both plans refer to a parcel of land whose total area is
67,434 square meters; the only difference is that the original plan refers to one single parcel, while the
second plan refers to the same parcel but subdivided into four (4) lots. The fact that this latter plan
was prepared in the name of the City of Tagaytay does not make the City the owner of the lots
therein described. Petitioners Rojas, et.al. claims only Lot 1 of the four mentioned in the plan and it
was already decreed in favor of them by OCT No. 29 issued in their names by the Register of Deeds of
Cavite Province.
It has been well-settled that a Court of First Instance has no jurisdiction to decree again the
registration of land already decreed in an earlier land registration case and a second decree for the
same land is null and void. Once decreed by a court of competent jurisdiction, the title to the land
thus determined is already a res judicata binding on the whole world, the proceedings being in rem.
The court has no power in a subsequent proceeding (not based on fraud and within the statutory
period) to adjudicate the same title in favor of another person. Furthermore, the registration of the
property in the name of the first registered owner in the Registration Book is a standing notice to the
world that said property is already registered in his name.