This case has been cited 2 times or more.
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2014-04-23 |
PERALTA, J. |
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| As to the alleged indefeasibility of the Franciscos' title, petitioner's contention is incorrect. Unlike ordinary civil actions, the adjudication of land in a cadastral or land registration proceeding does not become final, in the sense of incontrovertibility until after the expiration of one (1) year from the entry of the final decree of registration. As long as a final decree has not yet been entered by the LRA and the period of one (1) year has not elapsed from date of entry, the title is not finally adjudicated and the decision in the registration proceeding continues to be under the control and sound discretion of the court rendering it.[19] In this case, the subject parcels of land were eventually registered in the names of petitioner and his sisters on July 29, 2000 with the issuance of TCT Nos. M-102009, M-102010, M-102011, and M-102012. Less than a year later, on January 3, 2001, respondents already filed a petition for certiorari and prohibition before the CA. Therefore, the principle that a Torrens title cannot be collaterally attacked does not apply. | |||||
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2010-02-17 |
PERALTA, J. |
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| As long as a final decree has not been entered by the Land Registration Authority and period of one year has not elapsed from the date of entry of such decree, the title is not finally adjudicated and the decision in the registration case continues to be under the control and sound discretion of the registration court.[62] After the lapse of said period, the decree becomes incontrovertible and no longer subject to reopening or review. | |||||