THE DIRECTOR OF LANDS (Republic of the Philippines),
petitioner, vs. HON. COURT OF FIRST INSTANCE OF
MISAMIS ORIENTAL, BRANCH I, CAGAYAN DE ORO CITY
PROVINCIAL SHERIFF, Misamis Oriental and GRACIANO B.
NERI, JR., JOSEFINA V. VDA. DE NERI, VICTORIA N.
FERNANDEZ, RAMON V. NERI, MA. THERESA N. YRASTORZA,
respondents.
DOCTRINES:
An original certificate of title issued on September
20, 1976 cannot be collaterally attacked in a petition for
certiorari and prohibition filed on November 19, 1981 for
nullity of the proceedings in the land registration case and
for cancellation of the certificate of title.
Where the validity of an original certificate of title
has been previously and directly raised in a civil case which
is the proper action, the resolution of the same by the
Supreme Court is not proper Reasons.The issue in respect
of the validity of OCT No. 0662 has been previously and
directly raised in Civil Case No. 7514 which is the proper
action. Resolution of the same issue in this Court will
displace a tribunal which can best ascertain the veracity of
the factual allegations and which first acquired jurisdiction
over an action which exclusively pertains to it There should
be no multiplicity of suits.
FACTS:
Graciano B. Neri Jr. applied for judicial
confirmation of title to a piece of land in Cagayan
de Oro. The application was later amended by adding
the address of two persons who were said to be legal
occupants of the land in the concept of tenants.
September 5, 1975, The Land registration court
dismissed the oppositors, appearing that the only
ground relied upon by oppositors was that the same
land is a public land and it likewise appears that the
Bureau of Lands had not filed any opposition in Neris
petition.
February 5, 1976, The court rendered a decision,
rectifying and ordering the order of general default,
that applicants have established to the
satisfaction of the court their ownership of
said land and ordered that it should be
adjudicated in equal shares to:
o Josefina B. vda de Neri, widow
o Graciano B. Neri Jr. married to Victoria Babiera
o Victoria Neri, single
o Teresa Neri, married to Alberto Yrastorza
Subject however to road-right-of-way in favour of the
city of Cagayan de Oro.
August 20, 1976, Decree No. N-161749 was
issued by the Comissioner of Land Registration.
September 26, 1976,
OCT No. 0662 was issued by the Register of Deeds
of Misamis in favour of the applicants Neri et al.
October 16, 1976 Graciano B. Neri Jr. alleged that
squatters who had built shacks before the issuance
of the decree refuse to vacate the land, they prayed
for the issuance of a writ of possession and a
writ of demolition, which was issued in August
18, 1980.
October 22, 1980, Petronillo R., Bullecer, the
President of the Taguanao Settlers Association asked
for a 90-day stay order. The Director of Lands
through the SolGen also asked for a stay order
pending the result of the Annulment proceedings
which its office was filing with the proper court.
These motions were opposed by the Neris. TC
denied the stay order for lack of indubitable
merit.
On January 23, 1981, the court issued an Order which
reads: "Resolution of the motion for issuance of an
alias writ is hereby deferred after the Order of
January 20, 1981 has become final."
On January 5, 1981, the Director of Lands filed
Civil Case No. 7514 in the Court of First Instance of
Misamis Oriental for annulment of Original
 Certificate of Title No. 0662 and reversion. The
defendants are the private respondents in this
petition.
The cause of action in both the instant petition and in
Civil Case No. 7514 is that the land registration court
lacked jurisdiction to adjudicate title to the land in
question for lack of notices to the person affected;
and compliance with other legal requirements.
RULING:
1. Original Certificate of Title No. 0662 was issued on
September 20, 1976; it cannot be collaterally
attacked in a petition filed on November 19, 1981, as
held in the case of Magay vs. Estiandan, L-28975,
Feb. 27, 1976, 69 SCRA 456.
2. The issue in respect of the validity of OCT No. 0662 has
been previously and directly raised in Civil Case No. 7514
which is the proper action. Resolution of the same issue in
this Court will displace a tribunal which can best ascertain
the veracity of the factual allegations and which first
acquired jurisdiction over an action which exclusively
pertains to it. There should be no multiplicity of suits.
DISPOSITIVE PORTION:
WHEREFORE, the petition is hereby dismissed for
lack of merit. The temporary restraining order issued in
this case is hereby lifted. No costs. SO ORDERED.