This case has been cited 2 times or more.
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2008-03-28 |
CHICO-NAZARIO, J. |
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| The petitioner's titles to the subject properties have acquired the character of indeafeasibility, being registered under the Torrens System of registration. Once a decree of registration is made under the Torrens System, and the reglementary period has passed within which the decree may be questioned, the title is perfected and cannot be collaterally questioned later on.[45] To permit a collateral attack on petitioner's title, such as what respondents attempt, would reduce the vaunted legal indeafeasibility of a Torrens title to meaningless verbiage.[46] It has, therefore, become an ancient rule that 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 that purpose.[47] | |||||
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2005-06-08 |
CHICO-NAZARIO, J. |
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| More, the title to the land of Ferreira has acquired the character of indeafeasibility having been registered under the Torrens system of registration. Once a decree of registration is made under the Torrens system, and the reglementary period has passed within which the decree may be questioned, the title is perfected and cannot be collaterally questioned later on.[38] To permit a collateral attack on his title, such as what petitioner now attempts, would reduce the vaunted legal indeafeasibility of Torrens Title to meaningless verbiage.[39] A Torrens Title cannot be collaterally attacked.[40] A direct attack against a judgment is made through an action or proceeding the main object of which is to annul, set aside, or enjoin the enforcement of such judgment, if not yet carried into effect; or, if the property has been disposed of, the aggrieved party may sue for recovery.[41] A collateral attack is made when, in another action to obtain a different relief, an attack on the judgment is made as an incident in said action.[42] | |||||