Ting vs Heirs of Diego Lirio

FACTS:

• In a decision in 1976, CFI granted the application filed by the Lirio spouses for registration of title to a certain lot
• The said decision become final and executor in 1977
• In 1982, the judge of CFI directed the Land Registration Commission to issue the corresponding decree of registration and the certificate of title in favor of the spouses Lirio.
• On Febraury 12, 1997, Petitioner Ting filed an application to register title to the same lot with the RTC of Cebu
• The respondents, heirs of Lirio, filed their Answer calling attention to the 1976 decision which had become final and executor in 1977 and which, they argued, barred the filing of Ting’s application on the ground of res judicata
• The RTC dismissed petitioner’s application on the ground of res judicata
• Petitioner argues that although the 1976 decision had become final and executor in 1977, no decree of registration has been issued by the Land Registration Authority.
• Petitioner contends that the LRA has not issued the decree of registration and that a certain Engr. Rafaela Belleza claimed that the survey of the Cebu Cadastral Extension is erroneous and all resurvey within the Cebu Cadastral extension must first be approved by the Land Management Services of the DENR, Region 7, Cebu City before said resurvey may be used in court

ISSUE:   W/N the 1976 decision constitutes res judicata in Ting’s application for registration

RULING:

• YES. In a registration proceeding instituted for the registration of a private land, with or without opposition, the judgment of the court confirming the title of the applicant or oppositor, as the case may be, and ordering its registration in his name constitutes, when final, res judicata against the whole world. It becomes final when no appeal within the reglementary period is taken from a judgment of confirmation and registration.