Delfin Lamsis vs. Margarita Semon Dong-e Summary

DELFIN LAMSIS, MAYNARD MONDIGUING, JOSE VALDEZ, JR. and Heirs of AGUSTIN KITMA, represented by EUGENE KITMA,Petitioners, vs. MARGARITA SEMON DONG-E, Respondent.

G.R. No. 173021 | 2010-10-20

NCIP, not DENR, has authority to issue ancestral land claims
IPRA (Indigenous Peoples Rights Act), titling of ancestral land does not vest but merely recognizes ownership already acquired
IPRA (Indigenous Peoples Rights Act), application for issuance of certificate of land title is akin to a registration proceeding, nature of action in rem
Land titles, registration is not a conclusive adjudication of ownership, real owner can file reconveyance case to transfer title to his name
Land titles, registration proceeding will not constitute litis pendentia on a reivindicatory action where issue is ownership
Lack of subject-matter jurisdiction may be raised anytime, exception
There is laches when a party is aware, even in the early stages of the proceedings, of a possible jurisdictional objection, and has every opportunity to raise said objection, but fails to do so, even on appeal
Titling of ancestral lands does not vest ownership upon the applicant but only recognizes ownership that has already vested
Litis pendentia
Torrens system does not create or vest title
Jurisdiction by estoppel

FIRST DIVISION

D E C I S I O N

DEL CASTILLO, J.:

There is laches when a party is aware, even in the early stages of the proceedings, of a possible jurisdictional objection, and has every opportunity to raise said objection, but fails to do so, even on appeal.

This is a Petition for Review¹ assailing the March 30, 2006 Decision² of the Court of Appeals (CA) in CA-G.R. CV No. 78987 as well as its May 26, 2006 Resolution³ which denied petitioners' motion for reconsideration. The dispositive portion of the assailed Decision reads:

WHEREFORE, in view of the foregoing, the appeal is hereby DISMISSED for lack of merit and...