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Carag Spouses Republic Vs
Carag Spouses Republic Vs
The Trial court issued a Decree in favor of spouses Carag. Pursuant to said Decree, the Register of
Deeds of Cagayan issued Original Certificate of Title in the name of spouses Carag.
OCT No. 11585 was canceled to discharge the encumbrance expressly stated in Decree No. 381928.
Two transfer certificates of title were issued.
Bienvenida Taguiam Vda. De Dayag and others filed with the Regional Officer Department of
Environment and Natural Resources (DENR), Tuguegarao, Cagayan, a letter-petition requesting the
DENR to initiate the filing of an action for the annulment of Decree No. 381928 on the ground that
the trial court did not have jurisdiction to adjudicate a portion of the subject property which was allegedly
still classified as timber land at the time of the issuance of Decree No. 381928.
68 years after the issuance of Decree No. 381928, petitioner filed with the Court of Appeals a complaint
for annulment of judgment, cancellation and declaration of nullity of titles on the ground that in 1930 the
trial court had no jurisdiction to adjudicate a portion of the subject property. The disputed portion was
allegedly still classified as timber land at the time of issuance of Decree No. 381928 and, therefore, was
not alienable and disposable until 22 February 1982 when the disputed portion was classified as alienable
and disposable.