THE TITULO AND THE “FANTASTIC” CLAIM OF THE MARIANO SAN PEDRO HEIRS

INTESTATE ESTATE OF DON MARIANO SAN PEDRO V. COURT OF APPEALS

> This is a claim of a huge parcel of land covering lands in the provinces Nueva ecija, Bulacan, and in cities including Quezon  city.

> This case involves 2 cases, which prior to being decided by the SC were consolidated. The first case was a complaint for recovery of possession and damages against Ocampo, Buhain, and Dela Cruz. In the complaint, it was alleged that the defendants (Ocampo - Dela Cruz) were able to secure from the Registry of Deeds of Quezon City titles to a portions of the claimed estate. In the end, the lower courts ruled in favor of Ocampo - Dela Cruz, declaring
that the Torrens titles of the defendants cannot be defeated by the alleged Spanish title, Titulo Propriedad no. 4316.

> The 2nd case is a petition for letters of adiministration over the intestate estate of the late Mariano San Pedro Y Esteban. This involves a prayer to be declared as administrator. This case eventually ended in the same manner as the first case - the Titulo de Prorpriedad was declared void and of no legal force, therefore the lands covered by the Titulo are not within the estate of the deceased.

> Issue: W/N the Titulo de Propriedad is null and void and therefore the lands covered or claimed under such title are not included in the estate of the deceased...

> The Titulo is null and void. It has been defeated by the title of the defendants under the Torrens system.

> It is settled that by virtue of Pd no 892 which tool effect on Feb 16 1976 the syte of registration under the Spanish Mortgage Law was abolished and all holders of Spanish titles or grants should cause their lands coverd thereby to be registered under the Land Registration Act within 6mos from date of effectivity of the said decree.

> Proof of compliance (Certificate of Title) with the said decree should have been presented during trial.