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HEIRS OF JOSE MALIGASO v. SPS. SIMON D. ENCINAS AND ESPERANZA E. ENCINAS

This case has been cited 2 times or more.

2014-11-12
REYES, J.
As between the petitioner's Deed of Absolute Sale and the respondents' TCT No. T-38422, the latter must prevail. A certificate of title is evidence of indefeasible and incontrovertible title to the property in favor of the person whose name appears therein.[23] "[A] title issued under the Torrens system is entitled to all the attributes of property ownership, which necessarily includes possession."[24] Hence, as holders of the Torrens title over the subject land, the respondents are entitled to its possession.
2014-10-01
REYES, J.
Between the petitioners' unsubstantiated and self-serving claim that the subject property was inherited by Carmelita from her father and OCT No. M-4559 registered in Dionisio's name, the latter must prevail. The respondents' title over the subject property is evidence of their ownership thereof. That a certificate of title serves as evidence of an indefeasible and incontrovertible title to the property in favor of the person whose name appears therein and that a person who has a Torrens title over a land is entitled to the possession thereof are fundamental principles observed in this jurisdiction.[25]