CAOIBES Vs Caoibes-Pantoja
CAOIBES Vs Caoibes-Pantoja
CAOIBES Vs Caoibes-Pantoja
CAOIBES-PANTOJA
Issue: WON an amendment of application is required to substitute respondent as the applicant for the
Land Registration Case
Ruling: NO. The law does not require that the application for registration be amended by substituting
the “buyer” or the “person to whom the property has been conveyed” for the applicant. Neither does it
require that the “buyer” or the “person to whom the property has been conveyed” be a party to the
case. He may thus be a total stranger to the land registration proceedings. The only requirements of
the law are: (1) that the instrument be presented to the court by the interested party together with a
motion that the same be considered in relation with the application; and (2) that prior notice be given
to the parties to the case. The agreement of the parties is analogous to a deed of sale in favor of
Pantoja, it having transferred ownership for and in consideration of her payment of the loan. The
agreement having been made through public instrument, the execution was equivalent to the delivery
of the property to Pantoja. The agreement is of course in consonance with Sec. 22 of PD 1529. In
light of the law and jurisprudence, the substitution by Pantoja of Caoibes, Jr., et al. as applicant in the
land registration case over Lot 2 is not even necessary. All Pantoja has to do is to comply with the
requirements under Sec. 22 of PD 1529. It was unnecessary for Pantoja to file the case for specific
performance subject of the present petition against Caoibes, Jr., et al. to honor their agreement
allowing her to be substituted in their stead as applicant in the land registration proceeding.
-CA REVERSD. Case filed by Corazon Caoibes-Pantoja is Dismissed.