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Purpose of the Torrens system of registration - The certificate of title is a true copy of the decree of

- To decree land titles that shall be final, irrevocable, registration. The certification of title is conclusive
and undisputable evidence of the ownership of the land referred to
- INCONTESTABILITY is the goal therein and becomes indefeasible and incontrovertible
after one year from the issuance of the decree.
*As expressed in Section 31 of PD 1529, “the decree of
registration shall bind all,” and “shall be conclusive upon and
against all persons, including the National Government and all the
branches thereof.” Remedies available to the losing party in a registration case

a) Remedy of new trial or reconsideration


GROUNDS:
 The Torrens system was adopted because it was believed to a. Fraud, accident, mistake or excusable
be the most effective measure to guarantee the integrity of negligence which ordinary prudence could
land titles and to protect their indefeasibility once the claim not have guarded against and by reason of
of ownership is established and recognized. which such aggrieved party has probably
been impaired in his rights.
 The title, once registered, is notice to the whole world. All b. Newly discovered evidence, which he could
persons must take notice. No one can plead ignorance of not, with reasonable diligence, have
registration. discovered, and produced at the trial, and
which if presented would probably alter the
 Registration only confirms existing title. The Torrens system result
of land registration is a system for the registration of title to b) Relief from judgment
land only, not a system established for the acquisition of c) Appeal to the CA or SC
land. It does not vest or give title to the land, but merely
confirms and thereafter protects the title already possessed
by the owner, making it imprescriptible by occupation of
third parties. Remedies available to the aggrieved party in a case of fraudulent
registration
 Registration – means any entry made in the books of the
registry, including both registration in its ordinary and strict a) Petition for review of decree
sense, and cancellation, annotation, and even marginal b) Action for reconveyance
notes. c) Action for damages
d) Claim against Assurance Fund
The application for registration must conform to the following:
Other remedies are:
1. The land is alienable public land;
2. The applicant’s open, continuous, exclusive, and a) Action for cancellation and reversion instituted by the
notorious possession and occupation thereof must be government, through the SG
since June 12, 1945, or earlier; and b) Annulment of Judgment
3. It is under a bona fide claim of ownership. c) Criminal Prosecution

Vested right

– the right to enjoyment, present or prospective, has Certificate of title


become the property of some particular person or persons as a
- Transcript of the decree of registration made by the RD
present interest. It is some right or interest in property which has
in the registry. It accumulates in one document a
become fixed and established and is no longer open to doubt or
precise and correct statement of the exact status of
controversy.
the fee simple title which an owner possesses. It is an
absolute and indefeasible evidence of ownership on
favor of the person whose name appears therein.
Decree of Registration

- It is that document prepared in the prescribed form by


the LRA administrator, signed by him in the name of
the court, embodying the final disposition of the land
by the court and such other data found in the record.

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