EN BANC
[G.R. No. 38554. June 9, 1934. ]
FRANCISCO P. SINGIAN, applicant-appellee, v. MANILA RAILROAD COMPANY, Oppositor-Appellant.
Jose C. Abreu for Appellant.
Marcelino Aguas for Appellee.
SYLLABUS
1. TORRENS REGISTRATION; JUDGMENT AND DECREE. — The judgment in land registration case is a judgment in rem, and, as such, it binds all the world irrespective of whether the persons bound are or are not parties to the litigation. It can not be collaterally attacked except for fraud.
2. ID.; ID. — The decree of registration must be in conformity with the decision of the court authorizing its issuance. In issuing the decree, the chief of the General Land Registration Office can not depart from the decision. His duty is ministerial.
3. ID.; ID.; CONCLUSIVENESS OF JUDGMENT. — A Court of First Instance has no jurisdiction to decree again the registration of land already decreed in an earlier land registration case and a second decree for the same land is null and void.
2. ID.; ID. — The decree of registration must be in conformity with the decision of the court authorizing its issuance. In issuing the decree, the chief of the General Land Registration Office can not depart from the decision. His duty is ministerial.
3. ID.; ID.; CONCLUSIVENESS OF JUDGMENT. — A Court of First Instance has no jurisdiction to decree again the registration of land already decreed in an earlier land registration case and a second decree for the same land is null and void.
D E C I S I O N
ABAD SANTOS, J.:
In land registration case No. 903 of the Court of First Instance of Tarlac, the appellee Francisco P. Singian applied for the registration of two parcels of land. The application was accompanied by a plan as required by law. After certain proceedings were had, the court, or February 10, 1928, rendered the following:jgc:chanrobles.com.ph
"DECISION
"Descartada, como esta, la reclamacion de Pedro Sibal 2.
"DECISION
"Descartada, como esta, la reclamacion de Pedro Sibal 2.
