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    Land Titles

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    John Mark Paracad
    - The primary purpose of the Torrens system is to guarantee the integrity and indefeasibility of registered land titles by allowing parties to rely on the face of the title certificate without needing to inquire further, except if they have actual knowledge of fraud or issues with the title. - For a fraudulent or forged deed to be the basis of an indefeasible title, the holder must have acquired the registered title in good faith, for value, and without notice of any adverse claims. - Once a claim of ownership over a parcel of land has been registered, the same land cannot be registered again, as this would invalidate the original indefeasible title granted by the first registration.

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    Land Titles

    Uploaded by

    John Mark Paracad
    33 views1 page
    - The primary purpose of the Torrens system is to guarantee the integrity and indefeasibility of registered land titles by allowing parties to rely on the face of the title certificate without needing to inquire further, except if they have actual knowledge of fraud or issues with the title. - For a fraudulent or forged deed to be the basis of an indefeasible title, the holder must have acquired the registered title in good faith, for value, and without notice of any adverse claims. - Once a claim of ownership over a parcel of land has been registered, the same land cannot be registered again, as this would invalidate the original indefeasible title granted by the first registration.

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    - The primary purpose of the Torrens system is to guarantee the integrity and indefeasibility of registered land titles by allowing parties to rely on the face of the title certificate without needing to inquire further, except if they have actual knowledge of fraud or issues with the title. - For a fraudulent or forged deed to be the basis of an indefeasible title, the holder must have acquired the registered title in good faith, for value, and without notice of any adverse claims. - Once a claim of ownership over a parcel of land has been registered, the same land cannot be registered again, as this would invalidate the original indefeasible title granted by the first registration.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    33 views1 page

    Land Titles

    Uploaded by

    John Mark Paracad
    - The primary purpose of the Torrens system is to guarantee the integrity and indefeasibility of registered land titles by allowing parties to rely on the face of the title certificate without needing to inquire further, except if they have actual knowledge of fraud or issues with the title. - For a fraudulent or forged deed to be the basis of an indefeasible title, the holder must have acquired the registered title in good faith, for value, and without notice of any adverse claims. - Once a claim of ownership over a parcel of land has been registered, the same land cannot be registered again, as this would invalidate the original indefeasible title granted by the first registration.

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    Commented [M1]: As was said above, the primary and

    - Legarda v. Saleeby, G.R. No. L-8936 October 2, 1915 fundamental purpose of the torrens system is to quiet title.
    - Republic v. Umali, G.R. No. 80687 April 10, 1989 If the holder of a certificate cannot rest secure in this
    registered title then the purpose of the law is defeated. If
    - Traders Royal Bank v. CA, GR 114299. September 24, those dealing with registered land cannot rely upon the
    certificate, then nothing has been gained by the registration
    1999 and the expense incurred thereby has been in vain. If the
    - Peralta v. Abalon June 30, 2014 holder may lose a strip of his registered land by the method
    - Wee v. Mardo June 4, 2014 adopted in the present case, he may lose it all

    - SM Prime Holdings, Inc. v. Madayag, GR 164687, Feb. Commented [im2]: quiet title to a land sec 39 holder for
    12, 2009 value without knowledge of fraud or foregery. Purpose of
    torren system is to guaranty integrity of land titles and
    - Evangelista v. Santiago, [GR No. 157447, April 29, 2005 protect their indefeasibility
    - Intestate Estate of Don Mariano San Pedro v. Court of Commented [M3]: The main purpose of the torrens
    Appeals GR No. 103727, Dec. 1, 1996 system is to avoid possible conflicts of title to real estate
    - Fudot v. Cattleya Land, Inc., [GR No. 171008, Sept. 13, and to facilitate transactions relative thereto by giving the
    2007 public the right to rely upon the face of a Torrens certificate
    of title and to dispense with the need of inquiring further,
    - Pabaus v. Yutiamco July 27, 2011 except when the party concerned has actual knowledge of
    facts and circumstances that should impel a reasonably
    - cautious man to make such further inquiry.

    The Torrens system was adopted in this country because it


    was believed to be the most effective measure to guarantee
    the integrity of land titles and to protect their indefeasibility
    once the claim of ownership is established and recognized.
    Commented [M4]: The appellate court cited Fule v.
    Legare26 as basis for its ruling. In the said case, the
    Court made an exception to the general rule that a
    forged or fraudulent deed is a nullity and conveys no
    title. A fraudulent document may then become the root
    of a valid title, as it held in Fule:
    Although the deed of sale in favor of John W. Legare was
    fraudulent, the fact remains that he was able to secure a
    registered title to the house and lot. It was this title which
    he subsequently conveyed to the herein petitioners. We
    have indeed ruled that a forged or fraudulent deed is a ...
    Commented [im5]: the govt should be the first to accept
    the validity of the torrens system once the conditions laid
    down by law are satisfied. Registration is not a mode of
    acquiring ownership. Clean titile under sec 44
    Commented [im6]: innocent purchaser for value
    Commented [M7]: A land registration court has no
    jurisdiction to order the registration of land already decreed
    in the name of another in an earlier land registration case. A
    second decree for the same land would be null and void,
    since the principle behind the original registration is to
    register a parcel of land only once
    Commented [M8]: Without delving into the jurisdiction
    of the DENR to resolve the petition for cancellation, we hold
    that, as an incident to its authority to settle all questions
    over the title of the subject property, the land registration
    court may resolve the underlying issue of whether the
    subject property overlaps the petitioner’s properties ...

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