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Jose A. Linzag, et al. Vs. CA, et al.

JOSE A. LINZAG and the HEIRS OF CRISTOBAL A. LINZAG, petitioners, vs. COURT OF APPEALS, THE PRESIDING JUDGE, Regional Trial Court, Branch IV, Mati, Davao Oriental, PATRICIO S. CUNANAN, ORLANDO SALVADOR, MANUEL P. BLANCO, JR., JOSE MANUEL SERRANO and the REGISTER OF DEEDS of Mati, Davao Oriental, respondents.

G.R. No. 122181 | 1998-06-26

D E C I S I O N

DAVIDE, JR., J:

May a party aggrieved by a judgment of a cadastral court and who subsequently obtains an unfavorable judgment in an action to annul the original certificate of title issued pursuant to the former, and then loses both in the Court of Appeals and in this Court in the appeal from the latter, be allowed to file with the Court of Appeals an action to annul the judgment of the cadastral court? The Court of Appeals resolved the issue in the negative on the ground of res judicata. Hence, this special civil action of certiorari.

We affirm the Court of Appeals not only because of absence of grave abuse of...