A title issued under the Torrens system is entitled to all the attributes of property ownership, which necessarily includes possession.
G.R. No. 199448, 12 November 2014
Complainant Sps. Bonifacio P. Obrero and Bernabela N. Obrero initiated a case for forcible entry against defendant Rolando S. Abadilla, Jr. Complainants claimed that they are the registered owners of the land in question based on a TCT registered under the name. Continue reading here.
A purported contract of sale where the vendor remains in physical possession of the land, as lessee or otherwise, is an indicium of an equitable mortgage.
G.R. No. 199852, 12 November 2014
Plaintiffs Sps. Gaston Jaque and Lilia Jaque initiated a Complaint for Ownership and Recovery of Possession against Defendants Sps. Felipe Solitarios and Julia Torda.
Plaintiffs alleged that “they purchased Lot 4089 from the [defendants], spouses Solitarios in stages. According to [plaintiffs], they initially bought one-half of Lot No. 4089 for 7,000.00. Continue reading here.
In a petition to register a land, both CENRO certification and approval thereof by the DENR Secretary are required to be presented as proofs that the land is alienable.
G.R. No. 203560, 10 November 2014
A petition to register a land was denied for failure to present both CENRO certification and approval thereof by the DENR Secretary. As held by the Supreme Court, “a CENRO certification that a certain property is alienable, without the corresponding proof that the DENR Secretary had approved such certification, is insufficient to support a petition for registration of land. Both certification and approval are required to be presented as proofs that the land is alienable. Otherwise, the petition must be denied.”
The cited case of Republic v. Vega, which granted a petition for registration despite the absence of a DENR Certification was pro hac vice. Continue reading here.