8. ramos v. rodriguez

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 THIRD DI VISION [G.R. No. 94033. May 29, 1995.] FELICIANO RAMOS, Substituted by his heirs through VALERIANA VDA. DE RAMOS,  petitioners ,  vs.  HONORABLE FRANCISCO C. RODRIGUEZ, Presiding Judge, RTC, Branch 77, San Mateo, Rizal and LAND REGISTRATION AUTHORITY , respondents .  Joanes G .  Caacbay for petitioners. The Solicitor General for resp ondents. SYLLABUS 1. LAND REGISTRA TION; DECREE OF ADJUDICATION O F L AND; DOES NO T BECOME FI NAL UNTI L A FTER THE EX PIRATION OF ONE (1) YEAR AFTER THE ENTRY OF THE FINAL DECREE OF REGISTRATION. — ". . . Unlike ordinary civil actions, the adjudication of land in a cadastral or land registration proceeding does not become final, in the sense of incontrovertibility(,) until after the expiration of one (1) year after (sic) the entry of the fi nal dec ree of reg istrati on. This Court, in se veral decisions, has held that as long as a final decree has not been entered by the Land Regis trati on Commi ss ion (now NLTDRA) and the p eriod o f one (1) year has not elapsed from the date of entry of such decree, the title is not finally adjudicated and the decision in the registration proceeding continues to be under the control and sound discretion of the court rendering it." 2. ID.; LAND REGISTRA TION AUTHORITY; LIMITA TION ON ITS MINISTERIAL DUTY  TO ISSUE DECREE OF REGISTRATION. — It is arg ued by p etitioners that the issuance of the decree of registration and the certificate of title by the LRA is a mini sterial duty w hich follow s as a matt er of c ourse the ord er of the court direc ting it to issue said decree. This, too, has been squarely met in Gomez , thus: "Petitioners insist t hat t he duty of the resp ondent land reg istration officials to issue the decree is purely mini sterial. It is ministerial in the se nse that they act unde r the orders of the c ourt and the dec ree must be in c onformit y w ith the dec ision of t he c ourt and w ith the data found in t he rec ord, and they have no disc retion i n th e matter. How ever, if they are in do ubt upon any point i n relati on to t he pre pa ration and iss uanc e of the de c ree, it i s their duty to refer the matter t o the court. They act, in t his resp ect, as officials of the court and not as administrative officials, and their act is the act of the court. They are specifically called upon to 'extend assistance to courts in ordinary and cadastral land registrati on proce edings. '" 3. ID.; ID.; ID.; APPLICA TION IN CASE A T BAR. — In the case at b enc h, Ad ministrator B onifacio filed his report as an office r of t he co urt pre c isely to inform the l atter t hat the NLTDRA c annot c omply w ith the order to issue a de c ree be cause

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8/10/2019 8. Ramos v. Rodriguez

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