[ G.R. No. L-1578. September 30, 1947 ] 79 Phil. 324
[ G.R. No. L-1578. September 30, 1947 ]
PEREGRINA REBONG, PETITIONER VS. FIDEL IBAÑEZ, JUDGE OF FIRST INSTANCE OF LAGUNA, RESPONDENT. R E S O L U T I O N
FERIA, J.:
This is a petition for certiorari against the respondent judge of the Court of First Instance of Laguna on the ground that the latter acted in excess of jurisdiction or with grave abuse of discretion in denying the petition for cancellation of the lien or annotation on the certificate of title issued to the petitioner, of a land extra-judicially inherited by him as the only heir of her predecessors in interest to the effect that the property described in the title is subject to the claims of the creditors and other heirs of the deceased Jose Rebong and Maria Rebong within two years from July 9, 1947, in accordance with sections 1 and 4, Rule 74 of the Rules of Court.
The petitioner based her petition on section 112 of Act No. 496 and offered to file a bond of P5,000, the estimated value of the above mentioned property to answer for such contingent claims.
The pertinent part of said section 112 of Act No. 496 provides:
SEC. 112. * * * Any registered owner or other person in interest may at any time apply by petition to the court, upon the ground that registered interests of any description, whether vested, contingent, expectant, or inchoate, have terminated and ceased; or that new interests have arisen or been created which do not appear upon the certificate; * * * and the court shall have jurisdiction to hear and determine the petition after notice to all parties in interest, and may order the entry of a new certificate, the entry or cancellation of a memorandum upon a certificate or grant any other relief upon such terms and conditions, requiring security if necessary, as it may deem proper; * * *."
According to the above quoted provisions, the court “may order the entry of a new certificate, the entry or cancellation of a memorandum upon a certificate or grant any other relief upon such terms and conditions, requiring security if necessary,” upon application of a registered owner on “the ground that registered interests of any description, whether vested, contingent, expectant, or inchoate, have terminated and ceased, or that new interests have arisen or been created which do not appear upon the certificate.” Applying these provisions to the present case, it is evident that, since the registered or annotated contingent interest of the creditors or other heirs of the petitioner’s predecessors in interest, established by section 4 of Rule 74, has not yet terminated or ceased, for the period of two years from July 9, 1947, have not yet elapsed, the respondent judge had no jurisdiction or power to order the cancellation of said lien or annotation as prayed by the petitioner. Neither section 4, Rule 74, of the Rules of Court, nor section 112 of Act No. 496 authorizes the substitution of a bond for a lien or registered interest of any description, whether vested, expedient, inchoate or contingent, which have not yet terminated or ceased.
In view of the foregoing, it is plain that the respondent judge has not acted in excess of jurisdiction nor with grave abuse of discretion, but in conformity with the law, in denying the petitioner’s petition, and the petition for certiorari is therefore denied.
Moran, C.J., Paras, Pablo, Hilado, Briones, Padilla, and Tuason, JJ., concur.