This case has been cited 3 times or more.
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2015-08-05 |
PERALTA, J. |
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| Moreover, the fact that respondents' complaint al$o prayed for the annulment of title and recovery of possession does not strip the trial court off of its jurisdiction to hear and decide the case. Asking for the annulment of certain transfers of property could very well be achieved in an action for partition,[37] as can be seen in cases where courts determine the parties' rights arising from complaints asking not only for the partition of estates but also for the annulment of titles and recovery of ownership and possession of property.[38] In fact, in Bagayas v. Bagayas,[39] wherein a complaint for annulment of sale and partition was dismissed by the trial court due to the impropriety of an action for annulment as it constituted a collateral attack on the certificates of title of the respondents therein, this Court found the dismissal to be improper in the following manner: In Lacbayan v. Samoy, Jr. (Lacbayan) which is an action for partition premised on the existence or non-existence of co-ownership between the parties, the Court categorically pronounced that a resolution on the issue of ownership does not subject the Torrens title issued over the disputed realties to a collateral attack. It must be borne in mind that what cannot be collaterally attacked is the certificate of title and not the title itself. As pronounced in Lacbayan: | |||||
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2015-03-23 |
DEL CASTILLO, J. |
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| Proceedings under Section 108 are "summary in nature, contemplating corrections or insertions of mistakes which are only clerical but certainly not controversial issues."[45] Banguis's opposition to the petition for cancellation ostensibly raised controversial issues involving her claimed ownership and the hereditary rights of Adrian, which she claims to be her son by Adriano. However, apart from the fact that evidence of Banguis's ownership is irrelevant in Wenifreda's petition, the evidence apparently indicates that Banguis could not be the owner of the subject property, while a resolution of the issue of succession is irrelevant and unnecessary to the complete determination of Wenifreda's petition. The Court is thus led to the conclusion that the Registrar of Deeds of Bulacan simply erred in including Banguis in TCT T-145321 as Adriano's spouse. | |||||
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2014-04-02 |
REYES, J. |
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| Further, the petition filed by TRY Foundation is not within the province of Section 108 because the relief thereunder can only be granted if there is unanimity among the parties, or that there is no adverse claim or serious objection on the part of any party in interest.[37] Records show that in its opposition to the petition, PWCTUI maintained that it "remains and continues to be the true and sole owner in fee simple of the property" and that TRY Foundation "has no iota of right" thereto.[38] | |||||