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Catalina Balais-Mabanag, assisted by her husband, Eleuterio Mabanag Vs. The Register of Deeds of Quezon City, et al

CATALINA BALAIS-MABANAG, assisted by her husband, ELEUTERIO MABANAG, Petitioner, versus THE REGISTER OF DEEDS OF QUEZON CITY, CONCEPCION D. ALCARAZ, and RAMONA PATRICIA ALCARAZ,Respondents

G.R. No. 153142 | 2010-03-29

D E C I S I O N


BERSAMIN, J.:

The issue of citizenship of the registered owner of land cannot anymore be raised to forestall the execution of a final and executory judgment where the objecting party had the opportunity to raise the issue prior to the finality of the judgment. The time for assailing the capacity of the winning party to acquire the land was during the trial, not during the execution of a final decision.

Antecedents

As culled from the assailed decision dated December 5, 2000 of the Court of Appeals (CA),[1] and from the Court's decision promulgated on October 7, 1996 in G.R. No. 103577,[2] the following are the...