This case has been cited 2 times or more.
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2009-03-04 |
LEONARDO-DE CASTRO, J. |
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| Here, while it may be true that Civil Case No. C-760 was originally an action for specific performance and damages, nonetheless the case cannot constitute a collateral attack on the petitioner's title which, to begin with, was irregularly and illegally issued. It bears stressing that the source of GAUF's title was the Compromise Agreement purportedly executed by Gregorio Bajamonde, et al. on November 28, 1961. This Compromise Agreement was approved by the trial court in Civil Case No. C-760 in its Partial Decision dated December 23, 1961. As petitioner's own evidence shows, the subject property was conveyed to it in compliance with and in satisfaction of the said Partial Decision in Civil Case No. C-760 and the writ of execution issued in connection therewith.[10] The same Compromise Agreement and Partial Decision, however, were declared null and void in Civil Cases Nos. 17347 and 17364 and likewise effectively invalidated in CA-G.R. No. 45330-R.[11] The rule that a title issued under the Torrens System is presumed valid and, hence, is the best proof of ownership does not apply where the very certificate itself is faulty as to its purported origin,[12] as in the present case. | |||||
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2005-12-12 |
YNARES-SANTIAGO, J. |
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| In Dolfo v. Register of Deeds for the Province of Cavite,[33] this Court categorically declared:Second. Both the trial court and the Court of Appeals made a factual finding that petitioner's title to the land is of doubtful authenticity. | |||||