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Question: Will a forged Deed of Sale confer a better right to posses than a Torrens certificate of title? Held: No.

It is settled that a Torrens title is evidence of indefeasible title to property in favor of the person in whose name the title appears. It is conclusive evidence with respect to the ownership to the land described therein. It is also settled that the titleholder is entitled to all the attributes of ownership of the property including possession.

Urieta vda. de Aguilar vs. Alfaro Facts: On August 3, 1995, petitioner, Asuncion Urieta, filed for a Complaint for Recovery of Possession and Damages before the RTC of San Jose Mindoro. She alleged that on May 16, 1977, her husband Ignacio Aguilar was issued Original Certificate of Title No. P-9354 over a 606 sq meter parcel of land in Brgy. Buenavista, Sablayan, Occidental Mindoro. In 1968, Ignacio allowed petitioners sister, Anastacia Urieta, mother of respondent Erlinda Alfaro to construct a house in the southern part of the land and to temporarily stay therein. In 1994, Ignacio died and his heirs decided to partition the lot. Petitioner asked respondents, who took possession of the land after Anastacia died, to vacate the property but they did not heed her demand. Respondents asserted that on April 17, 1973, Ignacio and petitioner sold to their mother Anastacia, the southern portion of the land as evidenced by the Kasulatan sa Bilihan which bears the signatures of petitioner and her husband. However, petitioner denied having signed the Kasulatan and averred that her signature in the Kasulatan is a forgery. On September 21, 1998, the RTC ordered the respondents to vacate the subject premises and denied their counterclaim for reconveyance. Upon appeal, the CA reversed the trial courts decision. CA upheld the validity of the Kasulatan sa Bilihan since it is a notarized document and disputably presumed to be authentic and duly executed. Issue: Whether respondents Kasulatan ng Bilihan confer a better right to posses than petitioners Torrens title. Held: No. It is settled that a Torrens title is evidence of indefeasible title to property in favor of the person in whose name the title appears. It is conclusive evidence with respect to the ownership to the land described therein. It is also settled that the titleholder is entitled to all the attributes of ownership of the property including possession. In the present case, there is no dispute that petitioner is the holder of a Torrens title over the entire property. Respondents have only their notarized but unregistered Kasulatan sa Bilihan to support their claim of ownership. Thus, even if respondents proof of ownership has in its favor a juris tantum presumption of authenticity and due execution, the same cannot prevail over petitioners Torrens title.

Question: Can a valid Transfer Certificate Title be issued on the basis of a forged Deed of Absolute Sale? Held: No. xxx with the presentation of the forged deed, even if accompanied by the owners duplicate certificate of title, the registered owner did not thereby lose his title, and neither does the assignee in the forged deed acquire any right or title to the said property.

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