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PEDRO BONGALON NOW SUBSTITUTED BY FILIPINA BONGALON v. CA

This case has been cited 2 times or more.

2006-11-30
CALLEJO, SR., J.
Applying this rule, it is apparent that the second owner's duplicate copy of TCT No. T-2857 issued upon the petition of Frisco Gudani was void. Further, the certificates of title (TCT No. T-128605 in the name of Frisco Gudani, TCT No. T-128606 in the name of Eduardo Victa and TCT No. T-128607 in the names of petitioners) that were subsequently issued covering the subject lots may be nullified because they all emanated from a void document, i.e., the second owner's duplicate copy of TCT No. T-2857 that was procured by Frisco Gudani, or more particularly by Atty. Aguilan, in behalf of Frisco Gudani, through fraud. Transfer certificates of title may be annulled if issued based on void documents.[20]
2006-09-26
CALLEJO, SR., J.
A. No, Sir. There was never an instance because this title was never lost.[14] Consequently, the court a quo correctly nullified TCT No. T-17993 in Aurelio's name, emanating as it did from the new owner's duplicate TCT No. T-8502, which Aurelio procured through fraud. Respondent Aurelio cannot raise the defense of indefeasibility of title because "the principle of indefeasibility of a Torrens title does not apply where fraud attended the issuance of the title. The Torrens title does not furnish a shield for fraud."[15] As such, a title issued based on void documents may be annulled.[16]