Category Archives: Certificate of Title

After the expiration of the one-year period from the issuance of the registration decree upon which it is based, the title becomes incontrovertible

Further, the CA, in its Decision dated 17 August 2007, correctly observed that a certificate of title serves as evidence of an indefeasible title and after the expiration of the one-year period from the issuance of the registration decree upon … Continue reading

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The rights of the first mortgage creditor or mortgagee over the mortgaged properties are superior to those of a subsequent attaching creditor and other junior mortgagees

As between Asiatrust and Bangkok Bank, the former has a better right over the subject Antipolo properties, it being the first to annotate its lien on the titles of the properties It is evidently a well-settled and elementary principle that … Continue reading

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Nature, Purpose and Effect of Reconstitution of a Certificate of Title

The petition is meritorious. The CA erred in not deleting the trial court’s order for the issuance of a new owner’s duplicate title to respondents after it deleted the order for reconstitution. The reconstitution of a certificate of title denotes … Continue reading

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Who has a better right to possess? The registered owners or the holder of an unregistered deed of sale?

Thus, even if we sustain petitioner Catindig’s arguments and rule that the Deed of Sale is valid, this would still not help petitioners’ case. It is undisputed that the subject property is covered by TCT No. T-1749, registered in the … Continue reading

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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 … Continue reading

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The proceeding for the amendment and alteration of a certificate of title under Section 108 of P.D. No. 1529 is applicable in seven instances or situations

Section 108 of P.D. No. 1529 reads as follows:          Section 108. Amendment and alteration of certificates. – No erasure, alteration, or amendment shall be made upon the registration book after the entry of a certificate of title or of … Continue reading

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