This case has been cited 3 times or more.
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2010-02-03 |
LEONARDO-DE CASTRO, J. |
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| Thus, we held in Herce, Jr. v. Municipality of Cabuyao, Laguna[31]: In the absence of evidence to the contrary, the Ordinary Decree Book, LRC (CLR) Rec. No. 6763, showing that Decree No. 4244 was issued on March 3, 1911, is presumed to have been regularly issued by the accountable public officers who enjoy the legal presumption of regularity in the performance of their functions. Thus, the proceedings that led to the issuance of Decree No. 4244 in favor of the Municipality of Cabuyao cannot be overturned without any countervailing proof to the contrary. In the words of Tichangco v. Enriquez:[32] | |||||
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2009-08-14 |
BRION, J. |
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| Registration of land under the Torrens system, aside from perfecting the title and rendering it indefeasible after the lapse of the period allowed by law, also renders the title immune from collateral attack.[20] A collateral attack transpires when, in another action to obtain a different relief and as an incident of the present action, an attack is made against the judgment granting the title.[21] This manner of attack is to be distinguished from a direct attack against a judgment granting the title, through an action whose main objective is to annul, set aside, or enjoin the enforcement of such judgment if not yet implemented, or to seek recovery if the property titled under the judgment had been disposed of.[22] To permit a collateral attack on respondents-plaintiffs' title is to water down the integrity and guaranteed legal indefeasibility of a Torrens title.[23] | |||||
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2008-07-31 |
NACHURA, J. |
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| Under the Property Registration Decree,[37] no title to registered land in derogation of the title of the registered owner shall be acquired by prescription or adverse possession.[38] Indefeasibility and imprescriptibility are the cornerstones of land registration proceedings. Barring any mistake or use of fraud in the procurement of the title, owners may rest secure on their ownership and possession once their title is registered under the protective mantle of the Torrens system.[39] | |||||