Prescription and laches can not apply to registered land covered by the Torrens system"

G.R. No. 191101               October 1, 2014

SPOUSES MARIO OCAMPO and CARMELITA F. OCAMPO, Petitioners,
vs.
HEIRS OF BERNARDINO U. DIONISIO, represented by ARTEMIO SJ. DIONISIO, Respondents.

"x x x.

Third Issue: Laches

Equally untenable is the petitioners’ claim that the respondents’ right to recover the possession of the subject property is already barred by laches. As owners of the subject property, the respondents have the right to recover the possession thereof from any person illegally occupying their property. This right is imprescriptible. Assuming arguendo that the petitioners indeed have been occupying the subject property for a considerable length of time, the respondents, as lawful owners, have the right to demand the return of their property at any time as long as the possession was unauthorized or merely tolerated, if at all.

Jurisprudence consistently holds that "prescription and laches can not apply to registered land covered by the Torrens system" because "under the Property Registration Decree, no title to registered land in derogation to that of the registered owner shall be acquired by prescription or adverse possession."27

x x x."