This case has been cited 2 times or more.
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2011-06-08 |
NACHURA, J. |
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| Therefore, in light of the foregoing evidence, as correctly found by the RTC and the CA, the claim of Sebastian and Eduardo that TCT Nos. 38254 and 38255 conclusively show that the owners of the properties covered therein were Joaquin and Caridad by virtue of the registration in the name of Joaquin Agtarap casado con (married to) Caridad Garcia, deserves scant consideration. This cannot be said to be a collateral attack on the said TCTs. Indeed, simple possession of a certificate of title is not necessarily conclusive of a holder's true ownership of property. [25] A certificate of title under the Torrens system aims to protect dominion; it cannot be used as an instrument for the deprivation of ownership. [26] Thus, the fact that the properties were registered in the name of Joaquin Agtarap, married to Caridad Garcia, is not sufficient proof that the properties were acquired during the spouses' coverture. [27] The phrase "married to Caridad Garcia" in the TCTs is merely descriptive of the civil status of Joaquin as the registered owner, and does not necessarily prove that the realties are their conjugal properties. [28] | |||||
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2008-02-29 |
VELASCO JR., J. |
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| To bolster its thesis on the paraphernal nature of the disputed property, Metrobank cites Francisco v. Court of Appeals[9] and Jocson v. Court of Appeals,[10] among other cases, where this Court held that a property registered in the name of a certain person with a description of being married is no proof that the property was acquired during the spouses' marriage. | |||||