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SPS. AURORA N. DE PEDRO AND ELPIDIO DE PEDRO v. ROMASAN DEVELOPMENT CORPORATION

This case has been cited 4 times or more.

2014-06-04
MENDOZA, J.
The Court, however, finds the argument of Spouses Paulino specious and misplaced. It is a well settled rule that a certificate of title, once registered, cannot be impugned, altered, changed, modified, enlarged or diminished except in a direct proceeding permitted by law.[30] The validity of the certificate of title can be threshed out only in a direct proceeding filed for the purpose.  A Torrens title cannot be attacked collaterally.
2009-03-31
NACHURA, J.
The petitioner posits that the resolution of the issue will involve the alteration, correction or modification of TCT No. T-27839 issued in the name of respondent. However, the rectification of the title may be made only through a proper action filed for that purpose. It should be borne in mind that Section 48, Presidential Decree (P.D.) No. 1529, provides that "a certificate of title shall not be subject to collateral attack." It cannot be altered, modified, or cancelled except in a direct proceeding filed in accordance with law. This was our pronouncement in De Pedro v. Romasan Development Corporation,[27] and in Caraan v. Court of Appeals,[28] we defined a collateral attack in this wise:When is an action an attack on a title? It is when the object of the action or proceeding is to nullify the title, and thus challenge the judgment pursuant to which the title was decreed. The attack is direct when the object of an action or proceeding is to annul or set aside such judgment, or enjoin its enforcement. On the other hand, the attack is indirect or collateral when, in an action to obtain a different relief, an attack on the judgment is nevertheless made as an incident thereof.[29]
2008-04-14
AUSTRIA-MARTINEZ, J.
Sec. 48.  Certificate not subject to collateral attack. - A certificate of title shall not be subject to collateral attack.  It cannot be altered, modified, or cancelled except in a direct proceeding in accordance with law. Pursuant to said provision, the Court ruled in De Pedro v. Romasan Development Corporation[16] that:It has been held that a certificate of title, once registered, should not thereafter be impugned, altered, changed, modified, enlarged or diminished except in a direct proceeding permitted by law.   x x x
2006-02-22
YNARES-SANTIAGO, J.
True, a certificate of title, once registered, should not thereafter be impugned, altered, changed, modified, enlarged or diminished except in a direct proceeding permitted by law.[35]  Moreover, Section 32 of Presidential Decree No. 1529 provides that "[u]pon the expiration of said period of one year, the decree of registration and the certificate of title shall become incontrovertible."