Section 2 of Presidential Decree (PD) 1529 partly
Sec. 2. Nature of registration proceedings; jurisdiction
of courts. – 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.
Courts of First Instance shall have exclusive jurisdiction over all applications for original registration of title to lands, including improvements and interests therein, and over all petitions filed after original registration of title, with power to hear and determine all questions arising upon such applications or petitions. x x x
Pursuant to the above provisions, the Regional
Trial Court (formerly Court of First Instance) has the authority to act, not
only on applications for original registration of title to land, but also on
all petitions filed after the original registration of title. Thus, it
has the authority and power to hear and determine all questions arising from
such applications or petitions.
The Court of Appeals, therefore, erred in ruling that the Regional Trial Court, Branch 255, Las Piñas City has no jurisdiction over LRC Case No. M-228 on the ground that the land subject of respondents’ application for registration was already registered in the Registry of Deeds of Las Piñas City.
Significantly, even respondents themselves admit in their comment on the instant petition that what they should have filed was a complaint for nullity of petitioners’ titles.
Likewise, Section 48 of PD 1529 provides:
Sec. 48. Certificate not subject to collateral attack. – A certificate of title shall not be subject to collateral attack. It cannot be altered, modified, or cancelled except in a direct proceeding in accordance with law. (Underscoring ours)
Respondents’ application for registration of a
parcel of land already covered by a Torrens title is actually a collateral
attack against petitioners’ title not permitted under the principle of
indefeasibility of a Torrens title. It is well settled that a Torrens title
cannot be collaterally attacked; the issue on the validity of title, i.e., whether
or not it was fraudulently issued, can only be raised in an action expressly
instituted for the purpose. Hence,
whether or not respondents have the right to claim title over the property in
question is beyond the province of the instant proceeding. That should be
threshed out in a proper action. It has been invariably stated that
the real purpose of the Torrens System is to quiet title to land and to stop
forever any question as to its legality. Once a title is
registered, the owner may rest secure, without the necessity of waiting in the
portals of the court, or sitting on the “mirador su casa” to
avoid the possibility of losing his land.
In Ramos v. Rodriguez, we held:
It must be noted that petitioners failed to rebut the LRA report and only alleged that the title of the Payatas Estate was spurious, without offering any proof to substantiate this claim. TCT No. 8816, however, having been issued under the Torrens System, enjoys the conclusive presumption of validity. As we declared in an earlier case (Reyes and Nadres vs. Borbon and Director of Lands, 50 Phil. 791), “(t)he very purpose of the Torrens system would be destroyed if the same land may be subsequently brought under a second action for registration.” The application for registration of the petitioners in this case would, under the circumstances, appear to be a collateral attack of TCT No. 8816 which is not allowed under Section 48 of P.D. 1529. (underscoring ours)
Corollarily, Section 32 of the same law
Sec. 32. Review of decree of registration;
Innocent purchaser for value. – The decree of registration shall not
be reopened or revised by reason of absence, minority, or other
disability of any person adversely affected thereby, nor by any proceeding in
any court for reversing judgment, subject, however, to the right of any person,
including the government and the branches thereof, deprived of land or of any
estate or interest therein by such adjudication or confirmation of title
obtained by actual fraud, to file in the proper Court of First Instance
a petition for reopening and review of the decree of registration not later
than one year from and after the date of the entry of such decree of
registration, but in no case shall such petition be entertained by the
court where an innocent purchaser for value has acquired the land or an
interest therein whose rights may be prejudiced. Whenever the phrase “innocent
purchaser for value” or an equivalent phrase occurs in this Decree, it shall be
deemed to include an innocent lessee, mortgagee, or other encumbrancer for
Upon the expiration of said period of one year, the decree of registration and the certificate of title issued shall become incontrovertible. Any person aggrieved by such decree of registration in any case may pursue his remedy by action for damages against the applicant or any other person responsible for the fraud. (underscoring ours)
A decree of registration that has become final shall be deemed conclusive not only on the questions actually contested and determined, but also upon all matters that might be litigated or decided in the land registration proceedings.
As per records of the Registry of Deeds of Las Piñas City, TCT No. T-9182 was registered in petitioners’ name as early as April 28, 1989, or five (5) years before the filing of respondents’ application for registration. Thus, it is too late for them (respondents) to question petitioners’ titles considering that the Certificates of Title issued to the latter have become incontrovertible after the lapse of one year from the decree of registration.
WHEREFORE, the petition is GRANTED. The assailed Decision and Resolution of the Court of Appeals in CA-G.R. SP No. 40263 are REVERSED and SET ASIDE. Respondents’ application for registration of land in LRC Case No. M-228 pending before the Regional Trial Court, Branch 255, Las Piñas City is ordered DISMISSED with prejudice.
SOURCE: [ G. R. NO. 130871, February 17, 2006 ]FIL-ESTATE MANAGEMENT INC., MEGATOP REALTY DEVELOPMENT, INC., PEAKSUN ENTERPRISES AND EXPORT CORP., ARTURO DY, AND ELENA DY JAO, PETITIONERS, VS. GEORGE H. TRONO, MA. TERESA TRONO, MA. VIRGINIA TRONO, JESSE TRONO, MA. CRISTINA TRONO, PATRICIA TRONO, MA. DIVINA TRONO, INOCENCIO TRONO, JR., CARMEN TRONO, AND ZENAIDA TRONO, RESPONDENTS. TAGS: Remigio Sante Fe Santander Sibonga Sogod Tabogon Tabuelan Tuburan attorney’s fees Tudela exemplary damages Camotes General Luna Siargao Cagayan Davao Kidapawan Attorney Abogado Lawyer Architect Real Estate Broker nominal damages Sales Agent Properties for Sale Looking for Buyers Design Build House and Lot for Sale for Rent Talisay City Mandaue City Lapu Lapu Lapu-Lapu City Yncierto Sesante Villanueva Ruz Jan Edmond Marc Tim Timothy temperate damages Luz liquidated damages Kristin tct transfer certificate of title tax declaration birth certificate relocation survey surveying judicial titling administrative titling patent title denr cenro foreshore lease ecc environmental compliance certificate design build architect cebu engineer interior design designer residential commercial cebu property warehouse for rent for lease marc Christian yncierto ruz jan Edmond yncierto ruz Kristin Villanueva ruz Edmond mabalot ruz marriage certificate timber land forest land watershed agricultural lot land use conversion hearing trial illegal drugs trial lawyer business corporate lawyer labor lawyer immigration law bureau of immigration cebu 9g visa search warrant warrant of arrest motion to quash information complaint police officers buy bust physical suffering shocked horrified mental anguish fright serious anxiety besmirched reputation sleepless nights wounded feelings moral shock social humiliation similar injuries Alcantara Alcoy moral damages Alegria actual damages Aloguinsan Argao Asturias Badian Balamban Bantayan Barili Boljoon Borbon Carmen Catmon Compostela Consolacion Cordova Daanbantayan Dumaguete Bais Sibulan Tampi Bacong Negros Bacolod Separation pay Resign Resignation Back wages Backwages Length of service pay benefit employee employer relationship Silay Kabankalan Daan Bantayan Dalaguete Dumanjug Ginatilan Liloan compensatory damages Madridejos Malabuyoc Medellin Minglanilla Moalboal Oslob Pilar Pinamungajan Poro Ronda Samboan San Fernando San Francisco San