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SPS. FLORENTINO ZARAGOZA AND ERLINDA ENRIQUEZ-ZARAGOZA v. CA

This case has been cited 1 times or more.

2009-01-20
PUNO, C.J.
It was erroneous for respondents to assail the deed of sale executed on October 1, 1987 in favor of petitioners, because this constitutes a collateral attack on petitioners' TCT. Section 48 of P.D. No. 1529 prohibits a collateral attack on a Torrens title.[33] This Court has held that a petition which, in effect, questioned the validity of a deed of sale for registered land constitutes a collateral attack on a certificate of title.[34] In the case at bar, respondents' allegation, that the deed of sale executed on October 1, 1987 in favor of petitioners does not exist, clearly constitutes a collateral attack on a certificate of title. The allegation of the inexistence of the deed of sale in effect attacks the validity of the TCT issued in the petitioners' names.