This case has been cited 2 times or more.
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2014-01-15 |
DEL CASTILLO, J. |
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| and are presently enjoying actual possession of said property. However, these are not sufficient proofs of ownership. For some unknown reasons, the spouses Vilbar did not cause the transfer of the certificate title in their name, or at the very least, annotate or register such sale in the original title in the name of Dulos Realty. This, sadly, proved fatal to their cause. Time and time again, this Court has ruled 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."[91] Having no certificate of title issued in their names, spouses Vilbar have no indefeasible and incontrovertible title over Lot 20 to support their claim. Further, it is an established rule that "registration is the operative act which gives validity to the transfer or creates a lien upon the land."[92] "Any buyer or mortgagee of realty covered by a Torrens certificate of title x x x is charged with notice only of such burdens and claims as are annotated on the title."[93] Failing to annotate the deed for the eventual transfer of title over Lot 20 in their names, the spouses Vilbar cannot claim a greater right over Opinion, who acquired the property with clean title in good faith and registered the same in his name by going through the legally required procedure. Spouses Vilbar's possession of the owner's copy of TCT No. 39849 is of no moment. It neither cast doubt on Gorospe Sr.'s TCT No. 117331 from which Opinion's TCT No. T-59011 covering Lot 20 emanated nor bar Gorospe Sr. from transferring the title over Lot 20 to his name. It | |||||
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2007-01-25 |
CHICO-NAZARIO, J. |
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| In Mangio v. Court of Appeals,[27] this Court, through Associate Justice Reynato S. Puno,[28] admitted in evidence a TSN of the testimony of a witness in another case despite therein petitioner's assertion that he would be denied due process. In admitting the TSN, the Court ruled that the raising of denial of due process in relation to Section 47, Rule 130 of the Rules of Court, as a ground for objecting to the admissibility of the TSN was belatedly done. In so doing, therein petitioner waived his right to object based on said ground. | |||||