Atty. Manuel J. Laserna Jr.: The respondents’ title over the subject property is evidence of their ownership thereof. 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 and that a person who has a Torrens title over a land is entitled to the possession thereof are fundamental principles observed in this jurisdiction

Friday, April 3, 2015

The respondents’ title over the subject property is evidence of their ownership thereof. 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 and that a person who has a Torrens title over a land is entitled to the possession thereof are fundamental principles observed in this jurisdiction

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.

The respondents were able to prove that they have a superior right over the subject property as against the petitioners.1âwphi1

It is undisputed that the subject property is indeed covered by OCT No. M-4559, which is registered in the name of Dionisio, the respondents’ predecessor-in-interest. Between the petitioners’ unsubstantiated and self-serving claim that the subject property was inherited byCarmelita from her father and OCT No. M-4559 registered in Dionisio’s name, the latter must prevail. The respondents’ title over the subject property is evidence of their ownership thereof. 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 and that a person who has a Torrens title over a land is entitled to the possession thereof are fundamental principles observed in this jurisdiction.25

Further, it is settled that a Torrens Certificate of Title is indefeasible and binding upon the whole world unless and until it has been nullified by a court of competent jurisdiction. Under existing statutory and decisional law, the power to pass upon the validity of such certificate of title at the first instance properly belongs to the Regional Trial Courts in a direct proceeding for cancellation of title.26 Accordingly, the petitioners may not assail the validity of the issuance of OCT No. M-4559 in the name of Dionisio in their answer to the complaint filed by the respondents for recovery of possession of the subject property; it is a collateral attack to the validity of OCT No. M-4559, which the RTC and the CA aptly disregarded.

x x x."