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JM Tuason and Co. Inc. Et. Al. vs. Mariano Et. Al

This case involves a land dispute over a parcel of land covered by Original Certificate of Title (OCT) No. 735. Manuela and Maria Aquial filed a complaint to be declared owners, alleging the land was fraudulently included in OCT No. 735. JM Tuason & Co, holders of transfer certificates from OCT No. 735, filed to dismiss. The court was asked if OCT 735 and derivative titles could still be challenged. The court ruled no, finding the validity of OCT 735 had been settled, and it was against public policy to relitigate decided matters, directing dismissal to avoid disturbing what had been settled.

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81 views2 pages

JM Tuason and Co. Inc. Et. Al. vs. Mariano Et. Al

This case involves a land dispute over a parcel of land covered by Original Certificate of Title (OCT) No. 735. Manuela and Maria Aquial filed a complaint to be declared owners, alleging the land was fraudulently included in OCT No. 735. JM Tuason & Co, holders of transfer certificates from OCT No. 735, filed to dismiss. The court was asked if OCT 735 and derivative titles could still be challenged. The court ruled no, finding the validity of OCT 735 had been settled, and it was against public policy to relitigate decided matters, directing dismissal to avoid disturbing what had been settled.

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kate
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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JM Tuason and Co. Inc. et. al. vs. Mariano et. al.

G. R. No. L-33140. October 23, 1978

FACTS:

On October 1, 1965, Manuela Aquial and Maria Aquial filed a complaint in forma
pauperis in the Court of First Instance of Rizal Pasig Branch X, wherein they prayedto
be declared the owners of a parcel of land located at Balara, Marikina, Rizal, docketed as
Civil Case No. 8943. They alleged that sometime in 1960, or after J. M. Tuason & Co.,
Inc. had illegally entered upon that land, they discovered that it had been fraudulently or
erroneously included in the Original Certificate of Title No. 735 of the Registry of Deeds
of Rizal. They further alleged that transfer certificates of title, derived from OCT No.
735, were issued to J. M. Tuason & Co., Inc., et.al.

J.M. Tuason & Co., Inc. filed a motion to dismiss on the grounds of lack of
jurisdiction, improper venue, prescription, laches and prior judgment. The plaintiffs
opposed that motion. The lower court denied it. The grounds of the motion to dismiss
were pleaded as affirmative defenses in the answer of Tuason and J. M. Tuason & Co.,
Inc. They insisted that a preliminary hearing be held on those defenses. The Tuason and
J. M. Tuason & Co., Inc. filed the instant civil actions of certiorari and prohibition
praying, inter alia, that the trial court be ordered to dismiss the complaint and enjoined
from proceeding in the said case, and a writ of preliminary injunction was issued.

ISSUE:

Whether OCT No. 735 and the titles derived therefrom can be questioned at this late
hour by respondents Aquial and Cordova.

HELD:

NO. The trial court was directed to dismiss Civil Case 8943 with prejudice and
without costs.
Considering the governing principle of stare decisis et non quieta movere (follow
past precedents and do not disturb what has been settled), respondents Aquial and
Cordova cannot maintain their action in Civil Case No. 8943 without eroding the long
settled holding of the courts that OCT No. 735 is valid and no longer open to attack.It is
against public policy that matters already decided on the merits be relitigated again and
again, consuming the court’s time and energies at the expense of other litigants.

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