"x x x.
Second. Petitioner cannot avail of the summary proceedings under
Section 108 of PD 1529 because the present controversy involves not the
amendment of the certificates of title issued in favor of Rogelio and Orlando
but the partition of the estate of Maximino and Eligia who are both
deceased. As held in Philippine Veterans Bank v. Valenzuela,50 the prevailing rule is that proceedings under Section 108 of PD 1529 are summary in nature, contemplating corrections or insertions of mistakes which are only clerical but certainly not controversial issues.51 Relief under said legal provision can only be granted if there is unanimity among the parties, or that there is no adverse claim or serious objection on the part of any party in interest. This is now the controlling precedent, and the Court should no longer digress from such ruling.52 Therefore, petitioner may not avail of the remedy provided under Section 108 of PD 1529.
x x x."
See -
HILARIA BAGAYAS,
Petitioner,
-versus-
ROGELIO BAGAYAS,
FELICIDAD BAGAYAS,
ROSALINA . BAGAYAS,
MICHAEL BAGAYAS, and
MARIEL BAGAYAS,
Respondents.
G.R. Nos. 187308 & 187517
Promulgated: SEP 1 8 2013
