Ching v.

Court of Appeals, 181 SCRA 9

DOCTRINE:
NCC Article 37. Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every
natural person and is lost only through death. Capacity to act, which is the power to do acts with legal effect,
is acquired and may be lost.
NCC Article 42. Civil personality is extinguished by death
The effect of death upon the rights and obligations of the deceased is determined by law, by contract and by
will. (32a)
The real purpose of the Torrens system is to quiet title to land and to stop forever any question as to its
legality. Once a title is registered, the owner may rest secure, without the necessity of waiting in the portals
of the court, or sitting on the "mirador su casa," to avoid the possibility of losing his land.
The sole remedy of the landowner whose property has been wrongfully or erroneously registered in
another's name—after one year from the date of the decree—is not to set aside the decree, but respecting
the decree as incontrovertible and no longer open to review, to bring an ordinary action in the ordinary court
of justice for damages if the property has passed unto the hands of an innocent purchaser for value.
FACTS:
Decree No. N-78716 was issued to spouses Maximo Nofuente and Dominga Lumandan in Land Registration
Case No. N-2579 in Rizal and Original Certificate of Title No. 2433 in the Province of Rizal covering a parcel of
land situated at Sitio of Kay-Biga Barrio of San Dionisio, Municipality of Paranaque, Province of Rizal, with an
area of 51,852 sqm. A 5/6 portion of the property was reconveyed by spouses to Francisco, Regina, Perfects,
Constancio and Matilde Nofuente and TCT No. 78633.
The land was sold to Ching Leng, TCT No. 91137 was issued on September 18, 1961 and TCT No. 78633 was
deemed cancelled. Ching Leng died and son Alfredo Ching had administration of the estate of the deceased.
Thirteen (13) years after Ching Leng's death (19 years in reaching SC), a suit against him was commenced by
Pedro Asedillo for reconveyance of the property and cancellation of TCT No. 91137 in his favor based on
possession. Ching Leng is already dead.
ISSUES:
1. Can a dead man Ching Leng and/or his estate may be validly served with summons and decision by
publication?
2. Is an action for reconveyance of property and cancellation of title in personam ? the proceeding
ex-parte ?
3. Is Pedro Asedillo guilty of laches in instituting the action for reconveyance after the lapse of 19 years
from the time the decree of registration was issued?
RULING:
No. He had no more civil personality. His juridical personality, that is fitness to be subject of legal relations,
was lost through death (Arts. 37 and 42 Civil Code).
ATTY. OSORIO | PROPERTY | UC LAW
Yes. An action to redeem, or to recover title to or possession of, real property is not an action in rem or an
action against the whole world, like a land registration proceeding or the probate of a will; it is an action in
personam , so much so that a judgment therein is binding only upon the parties properly impleaded and duly
heard or given an opportunity to be heard. Actions in personam and actions in rem differ in that the former
are directed against specific persons and seek personal judgments, while the latter are directed against the
thing or property or status of a person and seek judgments with respect thereto as against the whole world.
An action to recover a parcel of land is a real action but it is an action in personam , for it binds a particular
individual only although it concerns the right to a tangible thing.// Section 112 of the Land Registration Act
requires "notice to all parties in interest." Since Ching Leng was already in the other world when the
summons was published he could not have been notified at all and the trial court never acquired jurisdiction
over his person. The ex-parte proceedings for cancellation of title could not have been held.
Yes. Failure to take steps to assert any rights over a disputed land for 19 years from the date of registration of
title is fatal to the private respondent's cause of action on the ground of laches. Laches is the failure or
neglect, for an unreasonable length of time to do that which by exercising due diligence could or should have
been done, earlier; it is negligence or omission to assert a right within a reasonable time warranting a
presumption that the party entitled to assert it either has abandoned it or declined to assert it.
DISPOSITIVE:
The instant petition is hereby GRANTED; (2) the appealed decision of the Court of Appeals is hereby
REVERSED and SET ASIDE; (3) the trial court's decision dated June 15, 1979 and the Order dated September 2,
1980 reinstating the same are hereby declared NULL and VOID for lack of jurisdiction and (4) the complaint in
Civil Case No. 6888-P is hereby DISMISSED.