Atty.

Gomez vs CA
Facts:
Atty. Gomez et al applied for registration of several lots before RTC
Said lots were involved in Government vs Abran case where SC declared Consolacion
Gomez as the owner. Teodoro and Luis (Consolacions father and son) inherited the lots.
When Teodoro died, Luis executed a Quitclaim in favor of the Gomezes.
In 1981, RTC adjudicated the lots in favor of the Gomezes. Subsequently, RTC issued an
order directing the Chief of the General Land Registration Office to issue the
corresponding decrees of registration over the lots.
In 1984, Perez, Chief of the Division of Original Registration, Land Registration
Commission (now known as the National Land Titles and Deeds Registration
Administration), submitted a report to the RTC stating that the Lots were already covered
by homestead patents issued in 1928 and 1929 and registered under the Land Registration
Act. Perez then recommended that the 1981 order be set aside.
The Gomezes opposed the report, pointing out that no opposition was raised by the
Bureau of Lands during the registration proceedings and the 1981 decision should be
implemented because it had long become final and executor.
RTC then set aside its earlier decision.
CA affirmed the new decision of RTC holding that 1) prior to the issuance of the decree
of registration, RTC Judge has still the power and control over the decision he rendered;
2) The finality of an adjudication of land in a registration or cadastral case takes place
only after the expiration of the one-year period after entry of the final decree of
registration
Gomez et al argued that 1) under Sec 30 and 32 of PD 1529, the 5 Aug 1981 decision
having become final, it may no longer be reopened, reviewed, much less, set aside;
2) Perez has no alternative but to issue the decrees of registration because his duty is
purely ministerial; 3) "the law of the case" is the decision in Govt v. Abran, which held
that the lands adjudicated to Consolacion Gomez were not public lands thus, they could
not have been acquired by holders of homestead titles as against them; 4) by sustaining
the 5 Aug 1981 decision, the homestead title holders may still vindicate their rights by
filing a separate civil action for cancellation of titles and for reconveyance in a court of
ordinary civil jurisdiction
Issue:
Would finality of the decision adjudicating the land to the Gomezes bar the RTC from
setting it aside?
Held:

NO. Adjudication of land in a cadastral or land registration proceeding does not become
final, in the sense of incontrovertibility, until after the expiration of 1 year after the entry
of the final decree of registration. As long as a final decree has not been entered by the
Land Registration Commission and the period of 1 year has not elapsed from date of
entry of the 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.
Duty of the land registration officials to issue the decree is NOT purely ministerial. If
land registration officials are in doubt upon any point in relation to the preparation and
issuance of the decree, it is their duty to refer the matter to the court. They act, in this
respect, as officials of the court.
The lots were not private lands of Consolacion Gomez when homestead patents were
issued over them in 1928-1929. Govt vs. Abran, is not "the law of the case." It was
promulgated only on 31 Dec 1931.
The Gomezes can be the ones to vindicate their rights instead. If they are the true owner,
they may bring an action to have the ownership or title to land judicially settled.