G.R. Nos. L-24627-28-29. March 14, 1979

J.M. TUASON & CO., INC. PETITIONER, VS. HON. JUDGE PEDRO NAVARRO, PRESIDING JUDGE OF THE COURT OF FIRST INSTANCE OF RIZAL, BRANCH I, ET AL., RESPONDENTS.

Decisions / Signed Resolutions March 14, 1979 SECOND DIVISION ABAD SANTOS, J.:
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ABAD SANTOS, J.:


In the petition for certiorari filed by J.M. Tuason Co., Inc. seeking to annul all the proceedings in
Civil Cases Nos. 3621, 3622 and 3623 of the Court of First Instance of Rizal, Branch I, and all orders issued thereunder
including the decision, dated January 18, 1965, and the order, dated June 4,
1965, granting the immediate execution of the deci­sion pending appeal as well
as the writ of execution issued on June 5, 1965, and, to declare that Decree
No. 17431 issued in G.L.R.O.  Proceedings
No. 7681 is final, conclusive and indefeasible, it appears that appeals from
the same decision dated January 18, 1965, in the civil cases above-mentioned
were also filed by the J. M. Tuason Co., Inc. and
docketed in this Court as G.R. Nos. L-26127, L-26128 and L-26129; and it
appearing further, that a decision thereon was already promulgated on June 28,
1974, setting aside the appealed decision of the
respondent judge in view of the findings, and the previous rulings in other
cases, that the parcels of land covered by Original Certificate of Title No.
735 issued as a result of Decree No. 17431 in G.L.R.O.  Proceedings No. 7681 are properly registered
under the Torrens System and that the title thereto of petitioner is conclusive
and in­defeasible.  The issues raised in this petition having become moot and academic, it
is hereby dismissed.  No costs.

SO ORDERED.

Fernando, (Chairman), Barredo,
Antonio, Concepcion, Jr., and Santos, JJ., concur.

Aquino, J., concur.
The appealed cases mentioned in Justice Abad Santos’
opinion are
Benin vs. Tuason, L-26127, Alcantara vs. Tuason, L-26128 and
Pili vs. Tuason, L-26129, 57 SCRA 531. The ruling in those cases was reiterated in J.
M. Tuason & Co., Inc. vs. Mariano, L-33140,
October 23, 1978.


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CONCURRING OPINION

AQUINO, J.:

I concur. The appealed
cases mentioned in Justice Abad Santos’ opinion are Benin vs. Tuason, L-26127,
Alcan­tara vs. Tuason, L-26128 and Pili vs. Tuason, L-26129, 57 SCRA 531. The ruling in those cases was reiterated in
J. M. Tuason & Co., Inc. vs. Mariano, L-33140, October 23, 1978.