FELIX TING HO, JR., MERLA TING HO BRADEN, JUANA TING HO & LYDIA TING HO BELENZO vs. VICENTE TENG
GUI, G.R. No. 130115, July 16, 2008
"X x x.
Registration of
grants and patents involving public lands is governed by Section
122 of Act No. 496, which was subsequently amended by Section 103 of Presidential Decree No. 1529, viz:
Sec. 103. Certificate of
title pursuant to patents.Whenever public land is by the Government
alienated, granted or conveyed to any person, the same shall be brought
forthwith under the operation of this Decree.It shall be the duty of the
official issuing the instrument of alienation, grant, patent or conveyance in
behalf of the Government to cause such instrument to be filed with the Register
of Deeds of the province or city where the land lies, and to be there
registered like other deeds and conveyance, whereupon a certificate of title
shall be entered as in other cases of registered land, and an owners duplicate
issued to the grantee. The deeds, grant, patent or instrument of
conveyance from the Government to the grantee shall not take effect as a
conveyance or bind the land, but shall operate only as a contract between the
Government and the grantee and as evidence of authority to the Register of
Deeds to make registration. It is the act of registration that shall be
the operative act to affect and convey the land, and in all cases under this
Decree registration shall be made in the office of the Register of Deeds of the
province or city where the land lies. The fees for registration shall be
paid by the grantee. After due registration and issuance of the
certificate of title, such land shall be deemed to be registered land to all
intents and purposes under this Decree.[16] (Emphasis
supplied)
Under the law, a certificate of title issued pursuant to any
grant or patent involving public land is as conclusive and indefeasible as any
other certificate of title issued to private lands in the ordinary or cadastral
registration proceeding. The effect of the registration of a patent and
the issuance of a certificate of title to the patentee is to vest in him an
incontestable title to the land, in the same manner as if ownership had been
determined by final decree of the court, and the title so issued is absolutely
conclusive and indisputable, and is not subject to collateral attack.[17]
X x x.”
