This case has been cited 1 times or more.
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2013-04-17 |
SERENO, C.J. |
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| Verily, our interpretation of Sec. 9, Rule 67 does not run counter to Section 48 of P.D. 1529. Under Sec. 48, collateral attacks on a Torrens title are prohibited. We have explained the concept in Oño v. Lim,[33] to wit: An action or proceeding is deemed an attack on a title when its objective is to nullify the title, thereby challenging the judgment pursuant to which the title was decreed. The attack is direct when the objective is to annul or set aside such judgment, or enjoin its enforcement. On the other hand, the attack is indirect or collateral when, in an action to obtain a different relief, an attack on the judgment is nevertheless made as an incident thereof. | |||||