A Torrens title is generally a conclusive evidence of the ownership of the land referred to therein (Ching vs. Court of Appeals, 1990, 181 SCRA 9, 18; Sec. 49, Act 496). It is settled that mere possession cannot defeat the title of a holder of a registered Torrens title to real property (J.M. Tuazon & Co. Inc. vs. Court of Appeals, 1979, 93SCRA 146 cited in Abad vs Court of Appeals, 1989, 179 SCRA 817, 826-827).
A Torrens certificate accumulates in one document a precise and correct statement of the exact status of the fee simple title which as owner possesses. The certificate, once issued, is the evidence of the title which the ownerhas (Legarda, et al., vs. Saleedy, 31 Phil. 590 [915].A Torrens title, once registered, cannot be defeated, even by adverse, open, and notorious possession. A registered title under the Torrens system cannot be defeated by prescription. The title, once registered, is noticed to the whole world. All persons must take notice. No one can plead ignorance of the registration (Egao vs. Court of Appeals, 1989, 174 SCRA 484, 492 citing Legarda vs. Saleeby, 31 Phil. 590, 595; See also Sec. 46 of Act 496, Land Registration Act).
4. In the case of a transfer certificate of title, the same is enforceable in the hands of a holder in good faith and for valuable consideration or an “innocent purchaser for value.” An “innocent purchaser for value” is deemed, under the Torrens system, to include an innocent lessee, mortgagee, or other encumbrances for value (Ibid citing Leung Yee vs. Strong Machinery Co., 37 Phil. 644). Section 51, Paragraph 2 of the Property Registration Decree (P.D. 1529) of Land Registration Act (Act No. 496).
5. Section 3 of Presidential Decree No. 1073 dated January 25, 1977 further provides: “Section 3 the judicial confirmation of incomplete titles to public land based on unperfected Spanish Grants such as application for the purchase, prior to the transfer or sovereignty from Spanish to the United State shall no longer be allowed. However, P.D. 1529 should be read in conjunction with the provisions of this section shall not be construed as prohibiting any person claiming the same land under Section 48 (
and Section 48 (C) if he meets the conditions prescribed for Judicial confirmation of Torrens System.”6. On July 7, 1989, Trial on the merits proceeded against the private respondents Ocampo, Buhain and Dela Cruz, the lower court rendered judgment dismissing the complaint on the subject land claim in the history of the Philippines in the subject controversy in these consolidated cases base on the following ground that; (a) private respondent are already the registered owners of the parcels of land covered by Torrens title which cannot be defeated by the alleged Spanish title. (b) To enjoy the presumption of validity as a last hurrah to champion their claim to the vast state covered by the Spanish title.
GENERAL RULE
A certificate of titles is not conclusive evidence of title if the same land had already been registered and an earlier certificate for the same is in existence whether wholly or partly, the certificate that is earlier title in date prevails. (Heir of Luis J. Gonzales vs. Gonzaga vs. Court of Appeal, 261 SCRA 327)
A land registration court has no jurisdiction to order the registration of land already decreed in the name of another in earlier land registration case. (Laburada vs. Land Registration Authority, 387 SCRA 333) a second decree for the same land is, therefore, null and void (Metropolitan Waterworks and Sewerage System vs. Court of Appeal, 215 SCRA 783) once declared by a court of competent jurisdiction, the Torrens System Title to the land is already a res judicata binding on the whole world, the proceeding being in rem (Lahora vs. Dayanghirang, Jr., 37 SCRAA 346).
Proceeding in rem. – Judicial proceedings for the registration of lands throughout the Philippines shall be in rem, and shall be based on the generally accepted principles underlying the Torrens system. (P.D. 1529, Sec. 2)
Land registration under the Torrens system is a judicial proceeding in rem (P.D. 1529. Sec. 2), intended to confirm and register the ownership or title of a person over the land. (see Republic vs. Reyes, 71 SCRA 450, 458; Development Bank of the Phil. Vs. Court of Appeals, 331 SCRA 267, 281)
In rem proceedings such as land registration constitutes constructive notice to the whole world. (Calalang vs. Register of Deeds of Quezon City, 208 SCRA 215) (Machine copy is hereto attached as “ÁNNEX” and made an integral part of this paragraph.)
source(s):
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