Category Archives: Ownership

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