RODOLFO V. FRANCISCO vs. EMILIANA M. ROJAS, and the legitimate heirs of JOSE A. ROJAS, namely: JOSE FERDINAND M. ROJAS II, ROLANDO M. ROJAS, JOSE M. ROJAS, JR., CARMELITA ROJAS-JOSE, VICTOR M. ROJAS, and LOURDES M. ROJAS, all represented by JOSE FERDINAND M. ROJAS II, G.R. No. 167120, April 23, 2014
“x x x.
As to the alleged indefeasibility of the Franciscos’ title, petitioner’s contention is incorrect. Unlike ordinary civil actions, the adjudication of land in a cadastral or land registration proceeding does not become final, in the sense of incontrovertibility until after the expiration of one (1) year from the entry of the final decree of registration. As long as a final decree has not yet been entered by the LRA and the period of one (1) year has not elapsed from date of entry, the title is not finally adjudicated and the decision in the registration proceeding continues to be under the control and sound discretion of the court rendering it.19 In this case, the subject parcels of land were eventually registered in the names of petitioner and his sisters on July 29, 2000 with the issuance of TCT Nos. M-102009, M-102010, M-102011, and M-102012. Less than a year later, on January 3, 2001, respondents already filed a petition for certiorari and prohibition before the CA.
Therefore, the principle that a Torrens title cannot be collaterally attacked does not apply.
X x x.”
