This case has been cited 3 times or more.
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2013-04-17 |
SERENO, C.J. |
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| In several instances, we have considered an Answer praying for the cancellation of the plaintiff's Torrens title as a form of a collateral attack.[34] We have afforded the similar treatment in a petition questioning the validity of a deed of sale for a registered land,[35] and in a reformation of a deed of sale to include areas registered under the name of another party.[36] But a resolution on the issue of ownership in a partition case was deemed neither to be a direct or collateral attack, for "until and unless this issue of co-ownership is definitely and finally resolved, it would be premature to effect a partition of the disputed properties."[37] | |||||
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2012-01-18 |
SERENO, J. |
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| Indeed, a title issued under the Torrens system is entitled to all the attributes of property ownership, which necessarily includes possession.[17] Petitioner is correct that as a Torrens title holder over the subject properties, he is the rightful owner and is entitled to possession thereof. However, the lower courts and the appellate court consistently found that possession of the disputed properties by respondents was in the nature of ownership, and not by mere tolerance of the elder Corpuz. In fact, they have been in continuous, open and notorious possession of the property for more than 30 years up to this day. | |||||
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2011-06-15 |
VILLARAMA, JR., J. |
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| The filing of a notice of lis pendens has a two-fold effect: (1) to keep the subject matter of the litigation within the power of the court until the entry of the final judgment to prevent the defeat of the final judgment by successive alienations; and (2) to bind a purchaser, bona fide or not, of the land subject of the litigation to the judgment or decree that the court will promulgate subsequently.[51] Once a notice of lis pendens has been duly registered, any subsequent transaction affecting the land involved would have to be subject to the outcome of the litigation.[52] | |||||