Professional Documents
Culture Documents
FOR
FROM
SUBJECT
: 8 May 2015
whether
vested,
contingent,
expectant,
or
inchoate,
have
terminated and ceased; (b) when new interests have arisen or been created
which do not appear upon the certificate; (c) when any error, omission or
mistake was made in entering a certificate or any memorandum thereon
or on any duplicate certificate; (d) when the name of any person on the
certificate has been changed; (e) when the registered owner has been married,
or, registered as married, the marriage has been terminated and no right or
interest of heirs or creditors will thereby be affected; (f) when a corporation,
which owned registered land and has been dissolved, has not conveyed the
same within three years after its dissolution; and (g) when there is reasonable
ground
for
the
amendment
or
alteration
of
title.
179-180;
citing Luzon Surety Company, Inc. v. Mirasol, Jr., No. L-29313, January 21, 1977, 75
SCRA 52, 57)
THE
SUMMARY
NATURE
OF
THE
PROCEEDINGS:
WHEN
APPLICABLE
The prevailing rule is that proceedings under Section 108 of PD 1529 are
summary in nature, contemplating corrections or insertions of mistakes which
are only clerical but certainly not controversial issues. Relief under said legal
provision can only be granted if there is unanimity among the parties, or that
there is no adverse claim or serious objection on the part of any party in
interest. (City Government of Tagaytay v. Guerrero, G.R. Nos. 140743 & 140745,
September 17, 2009, 600 SCRA 33, 58-59)
Hence, summary procedure under Section 108 of Presidential Decree No. 1529
can only be granted if there is no adverse claim or serious objection on the part
of any party in interest otherwise the case becomes controversial and should be
threshed out in an ordinary case or in the case where the incident properly
belongs.
Personal Note: The relief which will be sought for in the petition for correction of
entry does not involve any substantial violation of the vested rights of the couple
(Mr and Mrs Antipuesto). The mistake is purely clerical in nature which can be
rectified under the summary procedure of Section 108 of PD 1529.
RELEVANT JURISPRUDENCE ON CASES INVOLVING CONTROVERSIAL
ISSUE:
In the case of Martinez vs Evangelista GR No. G.R. No. L-26399, the court
decided that when Petitioner Martinez, being the registered owner of the lands,
sought to strike out the words "married to Florencia Evangelista" appearing in
Transfer Certificates of Title Nos. 6949, 6950, and 6951 of the Registry of
Deeds of the City of Manila on the ground that the same was so entered by
reason of clerical error or oversight, and in lieu thereof the word single" be
substituted, which according to the petitioner is his true and correct civil
status, invoking Sec. 112 of Act 496. To this petition, an opposition was filed by
Florencia Evangelista, alleging that the insertion of the phrase "married to
Florencia Evangelista" was not the result of a mere clerical error or oversight
but that there exists a serious and adverse claim which operates to throw the
present petition outside the scope of Sec. 112 of Act 496, the court held that
instant petition is controversial in nature and that there exists an adverse
claim or serious opposition on the part of a party-in-interest, the oppositorappellee, Florencia Evangelista. It being so, the petition should be dismissed.
The petitioner's recourse would be in an ordinary civil action.
It was further elucidated that changes in the citizenship of a person or in his
status from legitimate to illegitimate or from married to not married are
substantial as well as controversial, which can only be established in an
appropriate adversary proceeding as a remedy for the adjudication of real and
justifiable
controversies
involving
actual
conflict
of
rights
the
final