Registered owners have a right to eject any person illegally occupying their property. This right is imprescriptible.

Further, it is a fundamental principle in land registration that the certificate of title serves as evidence of an indefeasible and incontrovertible title to the property in favor of the person whose name appears therein.[14] It is conclusive evidence with respect to the ownership of the land described therein.[15] Moreover, the age-old rule is that the person who has a Torrens title over a land is entitled to possession thereof.[16]

          In addition, as the registered owner, respondent’s right to evict any person illegally occupying her property is imprescreptible. In the recent case of Gaudencio Labrador, represented by Lulu Labrador Uson, as Attorney-in-Fact v. Sps. Ildefonso Perlas and Pacencia Perlas and Sps. Rogelio Pobre and Melinda Fogata Pobre,[17] the Court held that:

As a registered owner, petitioner has a right to eject any person illegally occupying his property.  This right is imprescriptible and can never be barred by laches.  In Bishop v. Court of Appeals, we held, thus:

             As registered owners of the lots in question, the private respondents have a right to eject any person illegally occupying their property. This right is imprescriptible. Even if it be supposed that they were aware of the petitioners’ occupation of the property, and regardless of the length of that possession, the lawful owners have a right to demand the return of their property at any time as long as the possession was unauthorized or merely tolerated, if at all. This right is never barred by laches.[18]

http://sc.judiciary.gov.ph/jurisprudence/2011/february2011/165851.htm

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About Erineus

Born on December 28, 1965, Surallah, South Cotabato, Southern Mindanao, Philippines.
This entry was posted in Certificate of Title, Ejectment, Laches, Land and tagged . Bookmark the permalink.

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