SECOND DIVISION
[G.R. No. 245915. June 10, 2019.]
MA. THERESA M. BARCARSE, REPRESENTED BY MAGDALENA BARCARSE PASION, petitioner, vs.AIDA BARCARSE LIBRE AND THE REGISTER OF DEEDS OF PAMPANGA, 1respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated10 June 2019which reads as follows:
"G.R. No. 245915 (Ma. Theresa M. Barcarse, represented by Magdalena Barcarse Pasion v. Aida Barcarse Libre and the Register of Deeds of Pampanga)
After a judicious study of the case, the Court resolves to DENY the instant petition 2 and AFFIRM the July 23, 2018 Decision 3 and the March 6, 2019 Resolution 4 of the Court of Appeals (CA) in CA-G.R. CV No. 109299 for failure of petitioner Ma. Theresa M. Barcarse, represented by Magdalena Barcarse Pasion (petitioner), to sufficiently show that the CA committed any reversible error in dismissing her petition for cancellation of the adverse claim 5 inscribed over Transfer Certificate of Title Nos. 492715-R 6 and 407082-R 7 (subject TCTs) for lack of merit.
As correctly ruled by the CA, private respondent Aida Barcarse Libre's (respondent) annotation of adverse claim over the subject TCTs was valid since: (a) she had hereditary rights over the subject properties from her deceased parents; and (b) said interest arose subsequent to registration of title under petitioner's name. 8 Verily, Section 70 of Presidential Decree No. 1529 9 provides that, in order for the adverse claim to be valid, it is necessary that the claimant has a right or interest in the registered land adverse to the registered owner and that it must arise subsequent to registration, 10 which respondent was able to show in this case. HTcADC
SO ORDERED. (REYES, J., JR., J., on leave.)"
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. "Registry of Deeds of Pampanga" in some parts of the rollo.
2.Rollo, pp. 3-13.
3.Id. at 31-39. Penned by Associate Justice Henri Jean Paul B. Inting (now a member of this Court) with Associate Justices Mariflor P. Punzalan Castillo and Danton Q. Bueser, concurring.
4.Id. at 41-42.
5. Not attached to the rollo.
6.Rollo, pp. 47-50.
7.Id. at 51-54.
8. See id. at 36-38.
9. Entitled "AMENDING AND CODIFYING THE LAWS RELATIVE TO REGISTRATION OF PROPERTY AND FOR OTHER PURPOSES," otherwise known as the "PROPERTY REGISTRATION DECREE" (June 11, 1978). Section 70 thereof reads:
Section 70. Adverse Claim. — Whoever claims any part or interest in registered land adverse to the registered owner, arising subsequent to the date of the original registration, may, if no other provision is made in this Decree for registering the same, make a statement in writing setting forth fully his alleged right or interest, and how or under whom acquired, a reference to the number of the certificate of title of the registered owner, the name of the registered owner, and a description of the land in which the right or interest is claimed.
10.Ferrer v. Spouses Diaz, 633 Phil. 244, 262 (2010).