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Toma Averia Jr. vs. Milagros V. Caguioa

TOMAS AVERIA, JR., petitioner, vs. THE HONORABLE MILAGROS V. CAGUIOA, in her capacity as Judge of the Regional Trial Court, Fourth Judicial Region, Branch LVII, Lucena City, and VERONICA PADILLO, respondents.

G.R. No. L-65129 | 1986-12-29

D E C I S I O N


CRUZ, J:

We gave due course to this petition against a decision of the Court of First Instance of Lucena City, 1 which is questioned on a pure questions of law, more specifically whether or not the court has jurisdiction to order the registration of a deed of sale which is opposed on the ground of an antecedent contract to sell.

The oppositor, petitioner herein, refused to participate in the hearing of the registration proceedings below, claiming the respondent court, acting as a cadastral court, had no competence to act upon the said case under Section 112 of Act 496, otherwise known as the "Land Registration Act." The...