Академический Документы
Профессиональный Документы
Культура Документы
vs
Director
of
Lands,
GR
No.
L-‐19535,
July
10,
1967
Facts:
Appelllants,
heirs
of
Pelagio
Zara
filed
an
application
for
registration
of
a
parcel
of
land
on
August
4,
1960.
Their
grounds
were
on
the
basis
on
provisions
of
Act
496
that
their
grandfather
has
been
granted
a
Spanish
Title
and
CA
141
Chap
8
Sec.
48,
that
their
predecessor-‐in-‐interest
had
been
in
continuous
and
adverse
possession
of
the
land
in
the
concept
of
an
owner
for
more
than
30
years.
Their
application
was
opposed
by
the
Director
of
Lands
and
Vicente
V.
de
Villa
on
the
ground
that
parcel
of
land
had
been
included
in
the
parcel
of
land
applied
for
in
registration
by
Vicente
de
Villa
in
Civil
Case
No.
26,
L.R.
Case
No.
601
was
adjudicated
on
September
30,
1949.
Issue:
W/N
the
1949
judgment
in
the
previous
case,
denying
the
application
of
Vicente
S.
de
Villa,
Sr.,
and
declaring
the
107
hectares
in
question
to
be
public
land
precludes
a
subsequent
application
by
an
alleged
possessor
for
judicial
confirmation
of
title
on
the
basis
of
continuous
possession
for
at
least
thirty
years?
Held:
A
judgment
in
a
land
registration
proceeding,
that
a
tract
of
land
is
public
land,
does
not
bar
other
persons
from
filing
a
subsequent
land
registration
proceeding
for
the
judicial
confirmation
of
their
title
to
the
same
land
under
section
48
of
the
Public
Land
Law,
on
the
basis
of
a
“composicion”
title
and
continuous
and
adverse
possession
thereof
for
more
than
thirty
years.
Their
imperfect
possessory
title
was
not
disturbed
or
foreclosed
by
prior
judicial
declaration
that
the
land
is
public
land
since
the
proceeding
under
Sec.
48
presupposes
that
the
land
is
public.
Tottoc
vs
Intermediated
Appellate
Court,
G.R.
No.
69969,
December
20,
1969
Facts:
On
April
9,
1949,
Antonio
Tottoc
applied
for
the
lease
of
a
pasture
land
consisting
of
78.6
hectares,
situated
at
Lacangan,
Barrio
Madiangat,
Solano,
Nueva
Vizcaya,
before
the
Bureau
of
Forestry.
By
virtue
of
said
application,
petitioner
was
granted
Ordinary
Pasture
Permit
Ps-‐993,
thereafter
the
petitioner
occupied
the
pasture
land
and
fence
the
same.
Private
respondent,
Saturnino
Doctor
was
aware
of
such
occupation
of
the
land
by
the
petitioner
since
1949.
Meanwhile
the
private
respondent,
upon
verification
from
the
Bureau
of
Forestry
supposedly
before
1963
the
pasture
land
in
question
was
reportedly
untouched
and
outside
the
pasture
land
of
the
petitioner,
filed
his
application
for
a
homestead
with
the
Bureau
of
Lands
and
entered
the
northern
portion
of
the
land,
clearing
the
cultivating
an
area
of
less
than
4
hectares
in
1963.
On
June
17,
1969
OCT
No.
P-‐3428
under
Homestead
Patent
No.
124175
was
issued
to
the
private
respondent
over
a
parcel
of
land.
The
private
respondent
and
the
Bureau
of
Forestry
requested
to
relocate
the
pasture
land
of
the
petitioner
to
determine
any
encroachment
on
his
land.
Issue:
W/N
the
land
in
dispute
is
alienable
by
relying
on
the
certification
issued
by
District
Forester?
Held:
Mere
classification
or
certification
made
by
the
Bureau
of
Forestry
that
a
part
of
the
public
domain
is
timberland
is
not
controlling
all
cases
–
We
agree
with
petitioner,
but
not
only
for
the
reason
that
evidence-‐in-‐chief
of
private
respondent
may,
in
point
of
strict
law,
be
constitutive
of
hearsay.
The
question
as
to
whether
a
particular
portion
of
land
is
forestall
or
any
other
class
of
land
is
a
question
of
fact
to
be
settled
by
the
proof
in
each
particular
case.
Thus,
the
mere
classification
or
certification
made
by
Bureau
of
Forestry
that
a
part
of
the
public
domain
is
timberland
is
not
controlling
in
all
cases.
Republic
vs
Court
of
Appeals,
Gr.
No.
L-‐43105,
August
31,
1984
Facts:
The
lot
subject
matter
of
this
land
registration
case,
with
an
area
of
17,311
square
meters,
is
situated
near
the
shore
of
Laguna
de
Bay,
about
20
meters
therefrom
in
Barrio
Pinagbayanan,
Pila
Laguna.
It
was
purchased
by
Benedicto
del
Rio
from
Angel
Pili
on
April
19,
1909.
When
Benedicto
died
in
1957,
his
heirs
extrajudicial
partitioned
his
estate
and
the
subject
parcel
passed
on
his
son,
Santos
del
Rio,
as
the
latter’s
share
in
the
inheritance.
Sometime
before
1966,
private
oppositors
obtained
permission
from
Santo
to
construct
duck
houses
on
the
land
in
question.
Although
there
was
no
definite
commitment
as
to
rentals
some
of
them
had
made
voluntary
payments
to
Santos.
In
violation
of
the
original
agreement,
private
oppositors
constructed
residential
houses
on
the
land,
which
prompted
Santos
to
file
an
ejectment
against
the
private
oppositors.
Meanwhile,
during
the
latter
part
of
1965,
private
oppositors
had
simultaneously
filed
their
respective
sales
application
with
the
Bureau
of
Lands
and
was
opposed
by
Santos.
Issue:
W/N
the
applicant-‐private
respondent
has
a
registrable
title
to
the
land.
Held:
Private
persons
cannot
reclaim
land
from
public
waters
without
prior
permission
by
the
government
and,
even
if
reclamation
is
authorized,
acquisition
thereof
for
ownership
is
not
automatic.
The
claim
of
private
oppositors,
that
they
have
reclaimed
the
land
from
the
waters
of
Laguna
de
Bay
and
that
they
have
possessed
the
same
for
more
than
20
years
does
not
improve
their
position.
In
the
first
place,
private
persons
cannot,
by
themselves
reclaim
land
from
water
bodies
belonging
to
the
public
domain
without
proper
permission
from
the
government
authorities.
And
even
if
such
reclamation
had
been
authorized,
the
reclaimed
land
does
not
automatically
belong
to
the
party
reclaiming
the
same
as
they
may
still
be
subject
to
the
terms
of
the
authority
earlier
granted.
Private
oppositors
failed
to
show
proper
authority
for
the
alleged
reclamation
therefore;
their
claimed
title
to
the
litigated
parcel
must
fall.
Gomez
vs.
Court
of
Appeals,
GR
No.
L-‐77770,
December
15,
1988
Facts:
Consolacion
M.
Gomez
was
the
owner
of
certain
lots
in
Sitio
Poponto,
Bayambang,
Pangasinan
as
declared
by
the
Court
in
the
case
of
Government
of
the
Philippine
Island
vs
Abran
The
heirs
of
Gomez
alleged
that
they
became
the
absolute
owners
of
the
subject
lot
by
virtue
of
a
quitclaim
signed
by
son
the
son
of
Consolacion,
Luis
Lopez.
On
August
5,
1981,
the
court
rendered
its
decision
adjudicating
the
subject
lots
petitioner’s
favor.
On
July
11,
1984
respondent
Silverio
G.
Perez,
Chief
of
the
Division
of
Origination
Registration,
Land
Registration
Commission
submitted
a
report
to
the
court
a
quo
that
the
lot
in
question
were
already
covered
by
homestead
patents
issued
in
1928
and
1929
and
recommended
the
decision
of
August
5,
1981
be
set
aside.
Issue:
W/N
the
respondents
Acting
Land
Registration
Commissioner
and
Engr.
Silverio
Perez
duties
were
purely
ministerial?
Held:
The
act
of
the
respondent
land
registration
officials
is
the
act
of
the
court.
Petitioners
insist
that
the
duty
of
the
respondent
land
registration
officials
to
issue
the
decree
is
purely
ministerial.
It
is
ministerial
in
the
sense
that
they
act
under
the
orders
of
the
court
and
the
decree
must
be
in
conformity
with
the
decision
of
the
court
and
the
decree
must
be
in
conformity
with
the
decision
of
the
court
and
with
the
data
found
in
the
record,
and
they
have
no
discretion
in
the
matter.
However
if
they
are
in
doubt
upon
any
point
in
relation
to
the
preparation
and
issuance
of
the
decrees,
it
is
their
duty
to
refer
the
matter
to
the
court.
They
act,
in
this
respect,
as
officials
of
the
court
and
not
as
administrative
officials,
and
their
acts
is
the
act
of
the
court.
They
are
specifically
called
upon
to
“extend
assistance
to
court.
They
are
specifically
called
upon
to
“extend
assistance
to
courts
in
ordinary
and
cadastral
land
registration
proceedings.”
Laburada
vs
Land
Registration
Authority,
G.R.
No.
101387,
March
11,
1998
Facts:
Petitioners
were
the
applicants
in
LRC
Case
No.
N-‐11022
for
the
registration
of
Lot3-‐A,
Psd-‐1372,
located
in
Mandaluyong
City.
After
the
finality
of
the
decision,
the
trial
court,
upon
motion
of
the
petitioners,
issued
an
order
dated
March
15,
1991
requiring
LRA
to
issue
the
corresponding
decree
of
registration.
However,
the
LRA
refused
on
the
ground
that
a
portion
of
land
in
the
present
case
was
already
included
in
the
parcels
of
land
decreed
CLR
Case
No.
699,
875
and
917
and
were
issued
Decrees
No.
240,
696
and
1425
on
August
25,
1904,
September
14,
1905
and
April
26,
1905.
Issue:
W/N
respondent
Land
Registration
Authority
can
be
compelled
to
issue
the
corresponding
decree
in
LRC
Case.
No.
N-‐11022
of
the
Regional
Trial
Court
of
Pasig,
Branch
LXVIII?
Held:
The
LRA
is
mandated
to
refer
to
the
trial
court
any
doubt
it
may
have
in
regard
to
the
preparation
and
to
the
issuance
of
a
decree
of
registration.
In
this
respect,
LRA
officials
act
not
as
administrative
officials
but
as
officers
of
said
court,
and
their
act
is
the
act
of
the
court.
They
are
specifically
called
upon
to
“extend
assistance
to
courts
in
ordinary
and
cadastral
land
registration
proceedings.”
Albienda
vs.
Court
of
Appeals,
GR
No.
L-‐61416,
March
18,
1985
Facts:
Spouses
Ruben
and
Angeles
Sumampao,
private
respondents
herein
were
applicants
for
a
free
patent
over
a
piece
of
the
land
situated
in
San
Francisco
Agusan
del
Sur.
Claiming
that
an
8-‐hectare
portion
thereof
was
erroneously
included
in
the
technical
description
of
the
certificate
of
title
covering
Lot
1550,
the
adjoining
land
belonging
to
petitioner
Felda
Albienda,
respondents
instituted
in
then
Court
of
First
Instance
of
Agusan
del
Sur
an
action
against
Albienda
for
correction
of
the
latter’s
certificate
of
title,
TCT
No.
T-‐1718,
and
for
a
recovery
of
possession
of
said
portion
of
land,
with
damages.
Issue:
W/N
the
description
of
a
parcel
of
land
in
the
petitioner’s
certificate
of
title
may
be
corrected
to
conform
with
the
technical
description
appearing
in
the
“survey
return”
on
file
in
the
Bureau
of
Lands,
notwithstanding
the
lapse
of
more
than
1
year
since
the
issuance
of
said
certificate
of
title.
Held:
A
Torrens
Title
can
no
longer
be
corrected
as
to
area
description
after
the
lapse
of
one
year
from
issuance
of
decree
of
registration
and
the
land
has
already
been
sold
to
a
purchaser
in
good
faith
even
if
the
area
in
the
title
does
not
correspond
to
survey
return
of
file
with
the
Bureau
of
Lands.
Section
38
of
the
LRA,
which
is
pertinent
to
the
issue
at
hand,
is
clear
and
unambiguous:
“Every
decree
of
registration
shall
bind
the
land
and
quiet
title
thereto,
it
shall
be
conclusive
upon
and
against
all
persons.
Agura
vs
Serfino,
Sr.,
G.R.
No.
50685,
December
4,
1991
Facts:
Private
respondent
Serfino
applied
for
a
Miscellaneous
Sales
Application
over
a
parcel
of
land
(4,172
sq.m.)
located
in
San
Patricio,
Bacolod
City.
At
the
auction
sale
the
respondent
were
the
only
qualified
bidder
and
paid
the
required
10%
of
his
respective
bids.
Meanwhile,
District
Land
Officer
Pedro
C
Reyes
alleged
there
was
a
conflict
on
the
awarding
of
the
parcel
of
land
to
the
respondent;
he
alleged
that
portion
of
parcel
of
land
applied
in
MSA
was
already
included
in
the
petitioners
Revocable
Permit
Application.
Upon
further
investigation,
the
preliminary
investigation
report
states
that
the
land
in
question
used
to
be
foreshore
land
but
is
now
dry
land
and
is
now
being
used
for
residential
purposes
by
the
party
litigants
and
their
respective
tenants
and
relatives.
Issue:
W/N
the
sales
of
the
lots
in
question
in
favor
of
the
private
respondents
should
be
revoked
in
view
of
the
alleged
conflicts
and
adverse
claims
of
the
petitioners?
Held:
RA
No.
730
authorizes
a
sale
by
private
sale,
as
an
exception
to
the
general
rule
that
it
should
be
by
bidding,
if
the
area
applied
for
does
not
exceed
1000
square
meters,
and
that
the
applicant
has
in
his
favor
the
conditions
specified
for
in
Section
1
thereof.
Hence,
if
the
area
applied
for
is
in
excess
of
1000
square
meters,
as
in
the
instant
case,
the
sale
must
be
done
only
through
bidding.
Vallangca
vs.
Court
of
Appeals,
G.R.
No.
55336,
May
4,
1989
Facts:
The
lot
disputed
in
this
case
is
land
owned
by
petitioners
Vallangca.
Anna
Vallangca,
widower
of
Fortunato
Vallangca,
mortgaged
the
disputed
land
to
her
cousin
Nazario
Rabenas
(private
respondent).
At
the
time
of
said
mortgage
of
the
land
to
Nazario,
the
land
was
already
mortgaged
to
PNB.
After
the
Pacific
war,
Nazario
went
to
the
resident
of
Anna
and
made
her
to
sign
an
absolute
deed
of
sale.
Anna
being
an
illiterate
and
trusted
her
cousin
affixed
her
signature
on
the
document.
Later
Anna,
was
informed
by
a
cousin
that
the
document
she
signed
was
actually
a
deed
of
sale.
Anna
and
her
son
Benjamin
went
to
Rabenas
to
tender
the
800
loan
amount
and
redeemed
the
land
but
Rabenas
told
them
that
the
land
could
no
longer
be
redeemed
and
he
drove
them
away.
Issue:
W/N
Anna
Vallangca
can
still
redeem
the
land
in
dispute?
Held:
Since
the
Public
Land
Law
is
silent
as
to
the
form
and
manner
in
which
the
right
to
repurchase
may
be
exercised,
any
act
which
amounts
to
a
demand
for
reconveyance
should
be
sufficient.
It
is
worth
noting
that
private
respondents
did
not
refute
petitioner’s
averment
that
Anna,
together
with
her
son
Benjamin,
went
to
Rabenas’
residence
in
1946
to
redeem
the
property
and
tendered
to
him
the
amount
of
P800.00
in
the
Philippine
currency,
but
the
latter
made
a
statement
that
the
land
could
no
longer
be
redeemed.
By
Anna’s
act
of
tendering
to
Rabenas
the
P800.00,
she
had
in
effect
exercised
her
right
to
repurchase.
People
vs.
Avengoza,
G.R.
No.
L-‐27976,
December
7,
1982
Facts:
Luistro
Sancho,
a
Chinese,
his
wife
Anselma
Avengoza
and
the
latter’s
mother
Gavina
Avengoza,
were
charged
in
Criminal
Case
No.
6201
of
the
CFI
Camarines
Sur
with
the
violation
of
Commonwealth
Act
No.
108
prohibiting
aliens
from
acquiring
private
agricultural
lands
in
the
Philippines
and
utilizing
a
dummy
citizen
to
acquire
such
lands.
On
trial,
the
counsel
for
the
accused
filed
a
motion
to
quash
alleging
that
the
accused
Anselma
has
reacquired
her
Philippine
Citizenship
by
repatriation,
by
reason
whereof
the
criminal
liability
of
the
said
accused
if
any,
was
thereby
extinguished
and
the
issue
in
the
criminal
cases
had
thus
been
moot
and
academic.
The
trial
court
dismisses
the
complaint
and
the
People
moved
for
appeal
and
alleged
that
the
Anselma
has
not
validly
acquired
her
Philippine
citizenship.
Issue:
W/N
the
Anselma
Avengoza
alleged
repatriation
is
meritorious?
Held:
No.
Mere
taking
of
oath
of
allegiance
is
not
sufficient
for
reacquisition
of
Filipino
citizenship.
A
would
be
repatriate
must
show
by
conclusive
evidence
that
he
has
the
qualifications
for
repatriation
or
else
file
a
petition
with
the
CFI.
Finally,
the
sales
in
favor
of
alien
Anselma
Avengoza,
through
a
dummy,
of
various
parcels
of
land
are
void
for
being
contrary
to
public
policy.
And
like
an
alien
who
became
a
naturalized
Filipino
citizen,
her
repatriation
did
not
exempt
her
from
criminal
liability
for
violation
of
the
Anti-‐Dummy
Law.
Villaluz
vs.
Neme,
G.R.
No.
L-‐14676,
January
31,
1963
Facts:
The
lot
is
dispute
is
a
parcel
of
land
owned
Maria
Rocabo,
who
died
intestate
and
was
survived
by
her
heirs,
her
3
children
and
her
legitimate
children
on
her
children
who
died
earlier.
Her
children
partitioned
the
subject
lot
extra-‐judicially
among
theirselves
excluding
the
grandchildren
(the
petitioners
herein
in
the
present
case).
The
children
sold
the
lot
to
Adriano
&
Ramona
Pajarillo
who
later
on
sold
to
Juan
Neme
but
the
sales
was
not
recorded
in
Public
Land
Act
141
nor
in
Land
Registration
Law
496.
The
petitioners
instituted
an
action
for
reconvenyance
for
not
including
them
as
compulsory
heirs
of
Maria
Rocabo
in
the
extra-‐judicial
partition.
Issue:
W/N
the
petitioners
as
compulsory
heirs
of
Maria
Rocabo
are
already
barred
from
claiming
their
participation
thereon?
Held:
Extra-‐judicial
partition,
which
excludes
some
of
the
heirs;
Participation
of
heirs
not
prejudiced
by
sale
of
land.
A
deed
of
extra-‐judicial
partition
executed
without
including
some
of
the
heirs,
who
had
no
knowledge
of
and
consent
to
the
same,
is
fraudulent
and
vicious,
and
the
sale
of
the
land
subject
of
the
partition
did
not
prejudice
and
affect
the
interest
and
participation
of
the
heirs
so
excluded.
Registration
of
voluntary
sales
of
land
is
the
operative
act
that
transmits
or
transfers
title.
Rodriguez
vs.
Torreno,
G.R.
No.
L-‐29596,
October
14,
1977
Facts:
The
lot
in
question
is
a
parcel
of
land
owned
by
Valentina
Quinones
and
has
been
transferred
to
her
heirs
when
she
died
intestate
(private
respondents
in
the
case
at
bar).
The
Petitioners
are
the
heirs
of
the
Atty.
Suazo,
who
was
then
counsel
to
Valentina
Quinones
in
the
Land
Registration
Case
of
the
land
in
dispute.
The
petitioner
alleged
that
sometime
in
1940,
Valentina
Quinones
executed
a
deed
of
sale
of
the
disputed
land
in
favor
of
Atty.
Suazo.
On
trial,
RTC
ruled
in
favor
of
the
private
respondents
because
of
the
petitoner’s
failure,
despite
his
having
been
the
respondents’
counsel,
to
have
his
adverse
claim
brought
to
the
attention
of
the
cadastral
court
and
to
have
the
supposed
deeds
of
sale
annotated
later
are
proof
enough
that
the
alleged
deeds
of
sale
were
really
contracts
of
loan.
Issue:
W/N
the
existence
of
a
decree
of
registration
is
a
bar
to
an
action
filed
after
one
year
from
the
issuance
of
the
decree
to
compel
reconveyance
of
the
property
in
question?
Held:
Contrary
to
the
opinion
entertained
by
the
courts
below,
the
prevailing
rule
in
this
jurisdiction
does
not
bar
a
landowner
whose
property
was
wrongfully
or
erroneously
registered
under
the
Torrens
system
from
bringing
an
action,
after
one
year
from
the
issuance
of
the
decree
for
the
reconveyance
of
the
property
in
question.
Such
an
action
does
not
aim
or
purport
to
re-‐open
the
registration
proceeding
and
set
aside
the
decree
of
registration,
but
only
to
show
that
the
person
who
secured
the
registration
of
the
questioned
property
is
not
real
owner
thereof.
SAJONAS
VS.
CA,
G.R.
No.
102377,
July
5,
1996
FACTS:
The
Sajonas
couple
bought
a
parcel
of
land
from
Ernesto
Uychocde,
the
couple
had
the
deed
of
sale
annotated
as
an
adverse
claim
in
the
TCT.
Meanwhile,
the
Ernesto
Uychocde
owed
some
money
and
had
the
some
lot
subjected
to
a
mortgaged
to
the
private
respondent
Domingo
Pilares,
when
Ernesto
was
not
able
to
pay
the
loan.
Domingo
moved
to
the
execution
of
the
mortgaged
but
the
title
was
already
transferred
to
the
Sajonas
couple,
Domingo
caused
an
annotation
of
the
mortgaged
in
the
new
title.
The
Sajonas
couple
demanded
the
cancellation
of
the
annotation
but
Domingo
Pilares
refused.
ISSUE:
W/N
THE
LOWER
COURT
ERRED
IN
HOLDING
THAT
THE
RULE
ON
THE
30-‐DAY
PERIOD
FOR
ADVERSE
CLAIM
UNDER
SECTION
70
OF
P.D.
NO.
1529
IS
ABSOLUTE
INASMUCH
AS
IT
FAILED
TO
READ
OR
CONSTRUE
THE
PROVISION
IN
ITS
ENTIRETY
AND
TO
RECONCILE
THE
APPARENT
INCONSISTENCY
WITHIN
THE
PROVISION
IN
ORDER
TO
GIVE
EFFECT
TO
IT
AS
A
WHOLE.
HELD:
Annotation
of
an
adverse
claim
is
a
measure
designed
to
protect
the
interest
over
a
piece
of
real
property
where
the
registration
of
such
interest
or
right
is
not
otherwise
provided
for
by
the
Land
Registration
Act
of
Act
496
and
serves
a
warning
to
third
parties
dealing
with
said
property
that
someone
is
claiming
an
interest
on
the
same
or
a
better
right
than
that
of
the
registered
owner
thereof.
Concededly,
annotation
of
an
adverse
claim
is
a
measure
designed
to
protect
the
interest
of
a
person
over
a
piece
of
real
property
where
the
registration
of
such
interest
or
right
is
not
otherwise
provided
for
by
the
Land
Registration
Act
or
Act
496
(now
PD
1529
or
the
Property
Registration
Decree)
and
serves
a
warning
to
third
parties
dealing
with
said
property
that
someone
is
claiming
an
interest
on
the
same
or
a
better
right
than
that
of
the
registered
owner
thereof.
Such
notice
is
registered
by
filing
a
sworn
statement
with
the
Register
of
Deeds
of
the
province
where
the
property
is
located,
setting
forth
the
basis
of
the
claimed
right
together
with
other
datas
pertinent
thereto.
The
registration
of
an
adverse
claim
is
expressly
recognized
under
Section
70
of
P.D.
No.
1529.
Bolanos
vs
J.M.
Tuason
&
Co.,
Inc,
G.R.
No.
L-‐25894,
January
30,
1971
FA C T S :
T h i s
w a s
a n
a c t i o n
t o
r e c o v e r
p o s s e s s i o n
o f
a
p a r c e l
o f
l a n d
w h e r e
t h e
plaintiff
was
represented
by
a
corporation.
I s s u e :
W / N
t h e
c a s e
s h o u l d
b e
d i s m i s s e d
o n
t h e
g r o u n d
t h a t
t h e
c a s e
w a s
n o t
b r o u g h t
b y
r e a l
p r o p e r t y
i n
i n t e r e s t ?
Held:
After
one
year,
decree
of
registration
cannot
be
impugned
or
collaterally
attacked;
Registered
title
cannot
be
acquired
by
prescription.
As
the
land
in
dispute
is
covered
by
plaintiff’s
Torrens
certificate
of
title
and
was
registered
in
1914,
the
decree
of
registration
can
no
longer
be
impugned
on
the
ground
of
fraud,
error
or
lack
of
notice
to
defendant,
as
more
than
one
year
has
already
elapsed
from
the
issuance
and
entry
of
the
decree.
Neither
could
the
decree
be
collaterally
attacked
by
any
person
claiming
title
to,
or
interest
in,
the
land
prior
to
the
registration
proceeding
nor
could
title
to
that
land
in
derogation
of
that
of
plaintiff,
the
registered
owner,
be
acquired
by
prescription
or
adverse
possession.
Adverse,
notorious
and
continuous
possession
under
claim
of
ownership
for
the
period
fixed
by
law
is
ineffective
against
a
Torrens
title.
And
it
is
likewise
settled
that
the
right
to
secure
possession
under
a
decree
of
registration.