Category Archives: Land

When the sale is made through a public instrument, the execution thereof shall be equivalent to the delivery of the thing which is the object of the contract

Posted on March 1, 2012 by Erineus

It has been established that petitioners validly executed a deed of sale covering the subject parcels of land in favor of respondent after the latter paid the outstanding account of the former with the Philippine Veterans Bank. Article 1498 of … Continue reading →

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Whether the husband’s assent to the initial partition agreement serves as an admission against interest?

Posted on February 28, 2012 by Erineus

Finally, as to whether respondent’s assent to the initial partition agreement serves as an admission against interest, in that the respondent is deemed to have admitted the existence of co-ownership between him and petitioner, we rule in the negative. An … Continue reading →

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Whether the Torrens title over the disputed properties was collaterally attacked in the action for partition?

Posted on February 28, 2012 by Erineus

Would a resolution on the issue of ownership subject the Torrens title issued over the disputed realties to a collateral attack? Most definitely, it would not. There is no dispute that a Torrens certificate of title cannot be collaterally attacked,[32] … Continue reading →

Posted in Land, Ownership, Partition, Property Registration Decree | Tagged | 3 Comments

Whether an action for partition precludes a settlement on the issue of ownership?

Posted on February 28, 2012 by Erineus

Our disquisition in Municipality of Biñan v. Garcia[28] is definitive. There, we explained that the determination as to the existence of co-ownership is necessary in the resolution of an action for partition.  Thus:             The first phase of a partition … Continue reading →

Posted in Land, Ownership, Partition, Question and Answers | 1 Comment

The applicant for registration must present a copy of the original classification approved by the DENR Secretary and certified as a true copy by the legal custodian of the official records

Posted on February 27, 2012 by Erineus

The Motion for Reconsideration fails. The Advance Plans and Consolidated Plans are hardly the competent pieces of evidence that the law requires.  The notation by a geodetic engineer on the survey plans that properties are alienable and disposable does not … Continue reading →

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