This case has been cited 2 times or more.
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2013-12-11 |
LEONARDO-DE CASTRO, J. |
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| It is true that once a homestead patent granted in accordance with the Public Land Act is registered pursuant to Act 496, otherwise known as The Land Registration Act, or Presidential Decree No. 1529, otherwise known as The Property Registration Decree, the certificate of title issued by virtue of said patent has the force and effect of a Torrens title issued under said registration laws.[59] We expounded in Ybañez v. Intermediate Appellate Court[60] that:The certificate of title serves as evidence of an indefeasible title to the property in favor of the person whose name appears therein. After the expiration of the one (1) year period from the issuance of the decree of registration upon which it is based, it becomes incontrovertible. The settled rule is that a decree of registration and the certificate of title issued pursuant thereto may be attacked on the ground of actual fraud within one (1) year from the date of its entry and such an attack must be direct and not by a collateral proceeding. The validity of the certificate of title in this regard can be threshed out only in an action expressly filed for the purpose. | |||||
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2006-10-27 |
CALLEJO, SR., J. |
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| Petitioners, as plaintiffs below, were obliged to prove their claim in their complaint that their father, Emilio, applied for and was granted Homestead Patent No. 18577, and that OCT No. 1112 was issued by the Register of Deeds in his name on the basis of said patent. Petitioners had the burden of proof to present evidence on the fact in issue to establish their claim by their own evidence required by law.[50] More so, where, as in this case, on the face of TCT No. 19181 under the names of the respondents, it was derived from TCT No. 13287, which in turn cancelled OCT No. 1112 issued on April 21, 1932 on the basis of a homestead patent. It must be stressed that the original certificate of title carries a strong presumption that the provisions of law governing the registration of land have been complied with. The OCT enjoys a presumption of validity. Once the title is registered, the owners can rest secure on their ownership and possession.[51] Once a homestead patent granted in accordance with law is registered, the certificate of title issued in virtue of said patent has the force and effect of a Torrens title issued under the land registration law.[52] | |||||