The Courts Ruling The petition lacks merit Preliminarily it is well to point

The courts ruling the petition lacks merit

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The Court's Ruling The petition lacks merit. Preliminarily, it is well to point out that the subject land was an undivided co- owned property when Julian sold different portions thereof to various persons. 1âwphi1 However, a perusal of the pertinent deeds of absolute sale 32 reveals that definite portions of the subject land were eventually sold, and the buyers took possession and introduced improvements thereon, 33 declared the same in their names, and paid the realty taxes thereon, 34 all without any objection from respondents who never disputed the sales in favor of the buyers. Consequently, the Court finds that there is, in this case, a partial factual partition or termination of the co-ownership, which entitles the buyers to the segregation of their respective portions, and the issuance of new certificates of title in their names 35 upon compliance with the requirements of law. Section 58 of PD 1529, otherwise known as the "Property Registration Decree," provides the procedure for the registration of deeds or conveyances, and the issuance of new certificates of titles involving only certain portions of a registered land, as in this case. Said provision reads: Section 58. Procedure Where Conveyance Involves Portion of Land. - If a deed or conveyance is for a part only of the land described in a certificate of title, the Register of Deeds shall not enter any transfer certificate to the grantee until a plan of such land showing all the portions or lots into which it has been subdivided and the corresponding technical descriptions shall have been verified and approved pursuant to Section 50 of this Decree. Meanwhile, such deed may only be annotated by way of memorandum upon the grantor's certificate of title, original and duplicate, said memorandum to serve as a notice to third persons of the fact that certain unsegregated portion of the land described therein has been conveyed, and every certificate with such memorandum shall be effectual for the purpose of showing the grantee's title to the portion conveyed to him, pending the actual issuance of the corresponding certificate in his name. Upon the approval of the plan and technical descriptions, the original of the plan, together with a certified copy of the technical descriptions shall be filed with the Register of Deeds for annotation in the corresponding certificate of title and thereupon said officer shall issue a new certificate of title to the grantee for the portion conveyed, and at the same time cancel the grantor's certificate partially with respect only to said portion conveyed, or, if the grantor so desires, his certificate may be cancelled totally and a new one issued to him describing therein the remaining portion: Provided, however, that pending approval of said plan, no further registration or annotation of any subsequent deed or other voluntary instrument involving the unsegregated portion conveyed shall be effected by the Register of Deeds, except where such unsegregated portion was purchased from the Government or any of its instrumentalities. If the land has
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