AUGUSTO ONG TRINIDAD II, AUGUSTO ONG 310 SUPREME COURT REPORTS ANNOTATED

TRINIDAD III, for himself and representing LEVY ONG Trinidad II vs. Palad
TRINIDAD and ROHMEL ONG TRINIDAD, MARY ANN
NEPOMUCENO TRINIDAD, for herself and assisting her
PETITION for review on certiorari of the decision and
minor children JOAQUIN GERARD N. TRINIDAD IV,
resolution of the Court of Appeals.
JACOB GABRIEL N. TRINIDAD, and JERED GYAN N.
TRINIDAD, petitioners, vs. SPOUSES BONIFACIO PALAD
and FELICIDAD KAUSAPIN, respondents. The facts are stated in the opinion of the Court.

Calixto Ferdinand B. Dauz III for petitioners.

Civil Law; Certificate of Title; Mere possession cannot defeat
the title of a holder of a registered Torrens title.—The CA is
therefore correct in its pronouncement — citing Spouses Dato Law Offices for respondents.
Esmaquel and Sordevilla v. Coprada, 638 SCRA 428 (2010) —
that TCT T-47318 constitutes evidence of respondents’ DEL CASTILLO, J.:
ownership over the subject property, which lies within the area
covered by said title; that TCT T-47318 serves as evidence of
indefeasible and incontrovertible title to the property in favor of
respondents, whose names appear therein; and that as registered This Petition for Review on Certiorari1 seeks to set aside the
owners, they are entitled to possession of the subject property. March 27, 2012 Decision2 and August 24, 2012 Resolution3 of
As against possession claimed by the petitioners, respondents’ the Court of Appeals (CA) in C.A.-G.R. CV No. 92118 which
certificate of title prevails. “[M]ere possession cannot defeat the granted respondents’ appeal and reversed the July 4, 2008
title of a holder of a registered [T]orrens title x x x.” Decision4 of the Regional Trial Court (RTC) of Lucena City,
Branch 53 (RTC) in Civil Case No. 92-71.
_______________

* SECOND DIVISION. Factual Antecedents

On July 23, 1985, respondents — spouses Bonifacio Palad and

Felicidad Kausapin (Felicidad) — bought from Renato Ramos
310 (Ramos) an eight-hectare parcel of land located within Lucena
City, which was later registered as Transfer Certificate of Title
No. (TCT) T-47318.5
Respondents later caused the subject property to be surveyed, ages against Augusto, which was docketed as Civil Case No. 92-
and it was discovered that a two-hectare portion thereof (the 71 and assigned to RTC Branch 53.
subject property) was occupied by Augusto Trinidad (Augusto),
who converted the same into a fishpond. In his Answer,7 Augusto claimed that respondents were not the
owners of the subject property; that Felicidad secured her title
On May 29, 1992, respondents filed with the RTC of Lucena through dubious means; that the subject property formed part of
City a Complaint6 for recovery of possession with dam- a five-hectare piece of property that was given to him by his
father, Atty. Joaquin Trinidad (Atty. Trinidad); that this five-
_______________ hectare property was acquired by his father from Genaro
Kausapin (Genaro), who was his father’s client; that said five-
1 Rollo, pp. 3-9. hectare property was declared for taxation purposes by his
father; that since 1980, he (Augusto) has been in possession of
2 Id., at pp. 20-27; penned by Associate Justice Amy C. Lazaro- the five-hectare property; that he filed criminal cases for
Javier and concurred in by Presiding Justice Andres B. Reyes, falsification against Felicidad; and that Felicidad was motivated
Jr. and Associate Justice Sesinando E. Villon. by greed and bad faith in filing the case. Augusto thus prayed
that the complaint be dismissed; that Felicidad’s TCT T-47318
3 Id., at p. 28. be nullified; and that damages and attorney’s fees be awarded to
him.
4 Id., at pp. 29-34; penned by Judge Guillermo R. Andaya.
During the proceedings, Augusto passed away and was
5 Id., at p. 37. substituted by his widow — herein petitioner Levy Ong Trinidad
— and children — petitioners Augusto Ong Trinidad II, Augusto
6 Records, pp. 1-6. Ong Trinidad III, Rohmel Ong Trinidad, and Joaquin Ong
Trinidad III.

Ruling of the Regional Trial Court

311

VOL. 777, DECEMBER 9, 2015 311 After trial, or on July 4, 2008, the RTC rendered its Decision,8
pronouncing as follows:
Trinidad II vs. Palad
 No. T-47318 now registered in the names of the spouses
Bonifacio Palad and Felicidad Kausapin (Exhibit “A”).
This is a complaint for recovery of possession with
damages filed by the spouses Bonifacio Palad and In their complaint, the plaintiffs merely emphasized the
Felicidad Kausapin against Augusto Trinidad as the fact that as the registered owners of the parcel of land with
original defendant. In the course of the trial Augusto C. an area of eight (8) hectares including the
Trinidad died and his widow, Levy Ong Trinidad, and 2-hectare area in dispute, they are entitled to the
their children Rohmel Ong Trinidad, Augusto Ong possession of the disputed area which, despite their
Trinidad II, demands to the defendants to vacate, the defendants have
not vacated the area consisting of a well-developed
_______________ fishpond.

7 Id., at pp. 23-31. xxxx

8 Rollo, pp. 29-34. For their part, the defendants posit as follows: During the
lifetime of Genaro Kausapin, the father of complainant
Felicidad Kausapin, Genaro Kausapin availed of the legal
services of Atty. Joaquin Trinidad in a land dispute
involving a 12-hectare property. For Atty. Trinidad’s
services, Genaro Kausapin and Atty. Trinidad executed on
312 October 4, 1977 a document denominated Kasulatan ng
Pagbabahagi whereby they partitioned between
312 SUPREME COURT REPORTS ANNOTATED themselves the 12-hectare property composed of Lot 13-
A, Lot 13-B and Lot 13-C of the Subdivision Plan, (LRC)
Trinidad II vs. Palad
PSD-254630 confirmed on December 19, 1976 by the
Land Registration Commission. As his share in the
Augusto Ong Trinidad III and Joaquin Trinidad III were partition Atty. Trinidad was given Lot 13-A (Exhibit “2”).
substituted as defendants.
In 1980 Atty. Trinidad gave to his son Augusto Trinidad
xxxx the five (5) hectares given to him by Genaro Kausapin as
attorney’s fee. Augusto Trinidad developed a 2-hectare
The land subject of this case is a 2-hectare portion of the portion of the five hectares into a fishpond spending huge
eight (8) hectares covered by Transfer Certificate of Title amount of money in the process.
 xxxx had the land titled in their names on September 11,
1985.
By whichever mode the plaintiffs had come to title the 8-
hectare property including the 2-hectare portion in 4. It was when the plaintiffs had the land they
dispute, the Court, sifting through the evidence presented bought from Renato Ramos surveyed that they
by the parties, finds: found out that the fishpond developed by Augusto
Trinidad was embraced in the area of the [land]
Renato Ramos sold to them.

5. Renato Ramos did not know that the area

developed by Augusto Trinidad into a fishpond was
313 part of the land he (Ramos) sold to the plaintiffs.
Otherwise, if Renato Ramos knew this, he would
VOL. 777, DECEMBER 9, 2015 313 not have allowed Augusto Trinidad to occupy and
Trinidad II vs. Palad transform the area into a fishpond and, much more,
for him (Renato Ramos) to have sold the entire
property to the plaintiffs for the measly sum of
1. By virtue of the Kasulatan ng Pagbabahagi dated P8,000.00, given the size of the area and the
October 4, 1977 Genaro Kausapin and Atty. improvements on the area in dispute. Likewise, it
Joaquin Trinidad partitioned between themselves was only after the plaintiffs had caused the survey
the 12-hectare property composed of Lot 13-A, Lot of the area they bought that they came to know that
13-B and Lot 13-C of the Subdivision Plan (LRC) the 2-hectare [property] developed by Augusto
PSD-254630, Atty. Joaquin Trinidad getting Lot Trinidad
13-A as his attorney’s fee for legal services he
rendered to Genaro Kausapin.

2. Atty. Joaquin Trinidad gave to his son Augusto

Trinidad his 5-hectare share and Augusto Trinidad,
beginning the year 1980, developed a portion of the 314
area into a fishpond spending a huge amount of
money in the process.
314 SUPREME COURT REPORTS ANNOTATED
3. On July 23, 1985 the plaintiffs bought an Trinidad II vs. Palad
8-hectare property from Renato Ramos and they
 into a fishpond was within the area they bought.
Ruling of the Court of Appeals

That what Augusto Trinidad occupied was Lot 13-C

when it should have been Lot 13-A becomes immaterial
when it is considered that while the lots were then Respondents filed an appeal before the CA, docketed as C.A.-
designated as Lot 13-A, Lot 13-B and Lot 13-C, obviously G.R. CV No. 92118, arguing that as registered owners of the
Genaro Kausapin and Atty. Joaquin Trinidad and Augusto subject two-hectare property, they have a better right
Trinidad were not fully aware of the exact metes and
bounds of each lot. This was also the case when, before _______________
the area bought by the plaintiffs was surveyed, the vendor
Renato Ramos and the plaintiffs as vendees did not know 9 Id., at pp. 29-30, 32-34.
that the area developed by Augusto Trinidad as a fishpond
was within the area sold to the plaintiffs.

Given that the possession by the defendants of the area in

question antedates by five years the claim of the plaintiffs
to the disputed property, and given that the parties who 315
should have questioned the entry of the defendants into
the property, namely, Genaro Kausapin or Renato Ramos, VOL. 777, DECEMBER 9, 2015 315
did not do so, and considering the valuable improvements
Trinidad II vs. Palad
made by the defendants in the area in dispute, the
defendants have a better right to possess the disputed area,
even as the area had been included in [the] title issued to thereto; that petitioners’ claim that the subject property was part
the plaintiffs. of a 12-hectare piece of property owned by respondent
Felicidad’s father Genaro, five hectares of which was allegedly
WHEREFORE, the complaint is ordered dismissed. awarded by Genaro to petitioners’ father Atty. Trinidad as the
latter’s attorney’s fees in a case, has no basis, as there is no
Defendants’ counterclaim is likewise ordered dismissed. evidence on record to show that Genaro even owned a parcel of
land; that in truth, Genaro was a mere tenant of the original
SO ORDERED.9 owners of the 12-hectare property — Juliana Navarro (Navarro),
Pedro Loyola, and Ramos; that eventually, Ramos sold an eight-
hectare portion of the property to respondents, which is now the
property covered by TCT T-47318 and claimed by petitioners to
the extent of two hectares; that apart from a document 316
denominated as “Kasulatan ng Pagbabahagi” supposedly
executed by Genaro and Atty. Trinidad on October 4, 1977, 316 SUPREME COURT REPORTS ANNOTATED
petitioners have not presented any title or any other documentary Trinidad II vs. Palad
proof, such as receipts showing payment of real property taxes,
to prove their alleged ownership of the subject property; that
respondents cannot be bound by the supposed agreement tected as the registered owners, and petitioners should be
between Genaro and Atty. Trinidad because it is void since, considered intruders and builders in bad faith.
being a mere tenant of the property, Genaro cannot award the
same to Atty. Trinidad; that Genaro’s status as a mere tenant is During the pendency of the appeal, Joaquin Ong Trinidad III
known to Atty. Trinidad, since the latter was Genaro’s counsel died and was substituted by his widow and children — herein
in a claim involving the subject property docketed as CAR Case petitioners Mary Ann Nepomuceno Trinidad, Joaquin Gerard N.
No. 585(62), which was eventually terminated by Genaro’s Trinidad IV, Jacob Gabriel N. Trinidad and Jered Gyan N.
execution in 1963 of a “Kasunduan,” wherein he acknowledged Trinidad.
before Ramos and Atty. Trinidad that he was a mere tenant of
the Ramos family; that Augusto was a policeman during his On March 27, 2012, the CA rendered the assailed judgment,
lifetime, and he took over the disputed property by force, and declaring as follows:
respondents — fearing violence and bloodshed — opted to resort
to court action instead; and that under the Civil Code,10 they are
pro-
In this appeal, Spouses Palad assert their Transfer
_______________ Certificate of Title No. T-47318 which undoubtedly
covers appellees’ two-hectare fishpond found within the
10 Citing the following provisions of the Code: former’s eight-hectare lot. They argue that appellees’
predecessors-in-interest, Genaro Kausapin and Atty.
Art. 428. The owner has the right to enjoy and dispose of a Joaquin Trinidad, were never owners of the eight-hectare
thing, without other limitations than those established by law. lot, in-
The owner has also a right of action against the holder and
possessor of the thing in order to recover it. _______________

Art. 434. In an action to recover, the property must be

identified, and the plaintiff must rely on the strength of his title
and not on the weakness of the defendant’s claim.
Art. 449. He who builds, plants or sows in bad faith on the cluding the subject realty, as the property was owned by
land of another, loses what is built, planted or sown without right Renato Ramos who sold it to them.
to indemnity.
On the other hand, appellees reiterate in their brief that
Art. 536. In no case may possession be acquired through force their father possessed the fishpond long before Spouses
or intimidation as long as there is a possessor who objects Palad bought the eight-hectare lot. They also posit that a
thereto. He who believes that he has an action or a right to certificate of title by itself alone does not vest ownership
deprive another of the holding of a thing, must invoke the aid of in any person.
the competent court, if the holder should refuse to deliver the
thing. We grant the appeal.

Art. 539. Every possessor has a right to be respected in his Appellants are owners of the eight-hectare lot, including
possession; and should he be disturbed therein he shall be the two-hectare fishpond, by virtue of their Transfer
protected in or restored to said possession by the means Certificate of Title No. T-47318. Spouses Esmaquel v.
established by the laws and the Rules of Court. Coprada, explains why:

A possessor deprived of his possession through forcible entry On the other hand, it is undisputed that the subject
may within ten days from the filing of the complaint present a property is covered by Transfer Certificate of Title
motion to secure from the competent court, in the action for No. T-93542, registered in the name of the
forcible entry, a writ of preliminary mandatory injunction to petitioners. As against the respondent’s unproven
restore him in his possession. The court shall decide the motion claim that she acquired a portion of the property
within thirty (30) days from the filing thereof. from the petitioners by virtue of an oral sale, the
Torrens title of petitioners must prevail.
Petitioners’ title over the subject property is
evidence of their ownership thereof. It is a
fundamental principle in land registration that
the certificate of title serves as evidence of an
317 indefeasible and incontrovertible title to the
property in favor of the person whose name
VOL. 777, DECEMBER 9, 2015 317 appears therein. Moreover, the age-old rule is
Trinidad II vs. Palad that the person who has a Torrens title over a
land is entitled to possession thereof.
 As a rule, a certificate of title cannot be attacked is not to say of course that tax receipts are evidence
collaterally. At any rate, in Spouses Sarmiento, et al. v. of ownership, since they are not, albeit they are
Court of Appeals, et al., a counterclaim assailing a good indicia of possession in the concept of owner,
certificate of title is deemed a direct attack. x x x for no one would ordinarily be paying taxes for a
property not in his actual or at least constructive
xxxx possession. x x x

The burden of proof is on appellees to establish by clear Here, appellees offered no evidence, much less, clear and
and convincing evidence the ground or grounds for convincing evidence, that Spouses Palad’s transfer
certificate of title should be annulled. In fact, it is on
record that appellees’ documents pertain to Lot 13-A, but
they occupied Lot 13-C. As the trial court determined,
appellees’ only basis for claiming the fishpond was their
occupation thereof, though mistakenly and the absence of
318 the boundaries of Lots 13-A, 13-B and 13-C. But these
matters do not and cannot annul Spouses Palad’s transfer
318 SUPREME COURT REPORTS ANNOTATED certificate of title. They actually imply admission of
appellees’ intrusion into Lot 13-C under Transfer
Trinidad II vs. Palad
Certificate of Title No. T-47318 without any right to own
or possess it. Truth to tell, the trial court correctly did not
annulling a certificate of title. In Lasquite, et al. v. Victory set aside the transfer certificate of title. Hence, it remains
Hills: valid and binding with all its legal effects.
The established legal principle in actions for ACCORDINGLY, the appeal is GRANTED. The
annulment or reconveyance of title is that a Decision dated July 4, 2008 of the Regional Trial Court,
party seeking it should establish not merely by a Branch 53, Lucena City, in Civil Case No. 92-71 is RE-
preponderance of evidence but by clear and
convincing evidence that the land sought to be
reconveyed is his. It is rather obvious from the
foregoing disquisition that respondent failed to
dispense such burden. Indeed, the records are
replete with proof that respondent declared the lots 319
comprising Lot No. 3050 for taxation purposes only
after it had instituted the present case in court. This
VOL. 777, DECEMBER 9, 2015 319 1. In its ruling that the respondents have a better right of
Trinidad II vs. Palad possession over the disputed 2-hectare portion of the 8-
hectare property by the mere fact that said disputed
portion is covered by a certificate of title in their names;
VERSED AND SET ASIDE. Defendants-appellees Levy
Ong Trinidad, Joaquin Trinidad III, Augusto Trinidad II,
2. In its ruling that the petitioners offered no evidence that
Augusto Trinidad III and Rohmel Trinidad, their
spouses Palad’s transfer certificate of title should be
successors-in-interest, privies and heirs are ordered to
annulled, and therefore remains valid and binding with all
vacate the two-hectare fishpond occupied by them in
its legal effects, as it failed to consider evidence showing
Lot 13-C under Transfer Certificate of Title No. T-
otherwise;
47318. No costs.
3. In its ruling that the petitioners should vacate the 2-
SO ORDERED.11 (Emphasis in the original)
hectare fishpond, as it failed to consider that the
respondents have no right or cause of action against the
petitioners to seek the latter’s ejectment from the property
in question.14
Petitioners filed their Motion for Reconsideration,12 which was
denied in the assailed August 24, 2012 Resolution. Hence, the
_______________
instant Petition.
11 Rollo, pp. 23-27.
In a January 27, 2014 Resolution,13 this Court resolved to give
due course to the Petition.
12 CA Rollo, pp. 107-115.

13 Rollo, pp. 73-74.

Issues 14 Id., at pp. 11-12.

Petitioners claim that the CA erred:

320
320 SUPREME COURT REPORTS ANNOTATED
Trinidad II vs. Palad Respondents’ Arguments

Petitioners’ Arguments
In their Comment18 seeking denial of the Petition, respondents
argue that the CA correctly held that TCT T-47318 serves as
incontrovertible proof of their indefeasible title to
In their Petition and Reply15 seeking reversal of the assailed CA
dispositions and reinstatement of the RTC’s July 4, 2008
_______________
Decision dismissing Civil Case No. 92-71, petitioners
essentially argue that respondents may not claim ownership of
15 Id., at pp. 64-70.
the subject property just because it is embraced within their title,
TCT T-47318; that TCT T-47318 is null and void since it is the
16 Id., at p. 40.
result of a June 5, 1985 deed of extrajudicial settlement16 and
September 9, 1985 segregation agreement17 and not a sale
17 Id., at p. 41.
between respondents and Ramos; that since respondent
Felicidad was not an heir of one of the original owners of the
18 Id., at pp. 47-53.
property — Navarro — as erroneously stated in the deeds of
extrajudicial settlement and segregation agreement, said
documents are therefore null and void, and could not be the
bases for the issuance of TCT T-47318; that the subject property
was not included in the July 23, 1985 sale between respondents
and Ramos because its inclusion in TCT T-47318 was
321
discovered only after a survey was conducted after the sale; that
since respondents are not the owners of the subject property,
they have no cause of action against petitioners; and that in their VOL. 777, DECEMBER 9, 2015 321
answer with counterclaim, they sought to annul TCT T-47318, Trinidad II vs. Palad
claiming that respondents secured same through Felicidad’s
claim that she is an heir of Navarro — thus, said allegation made the subject property, as well as their right to possession thereof;
through a valid counterclaim constitutes a direct attack upon the that petitioners’ claim that their title is void as it arose out of
validity of TCT T-47318 which is allowed by law. void agreements constitutes a prohibited collateral attack on
TCT T-47318; that the issue of validity or nullity of TCT T-
47318 cannot be raised, as said issue was not touched upon by
the RTC; that TCT T-47318 may not be annulled because ground that it was obtained through a simulated extrajudicial
petitioners’ supposed claim of ownership specifically refers to settlement agreement; and as far as this Court is concerned, the
Lot 13-A, while they wrongly occupied Lot 13-C, which is the fact is settled that respondents acquired the
subject of TCT T-47318; and that with the finding on record that
petitioners wrongly occupied Lot 13-C, they must be ordered to _______________
vacate the same and surrender possession to respondents who
are the registered owners thereof. 19 Id., at p. 9.

Our Ruling

322

The Court denies the Petition. 322 SUPREME COURT REPORTS ANNOTATED
Trinidad II vs. Palad
The fact is undisputed that the subject two-hectare property lies
within Lot 13-C which is registered in the name of respondents
as TCT T-47318. property covered by TCT T-47318 by purchase from Ramos. If
indeed Felicidad was an heir of any of the original owners of the
property, then there would have been no need for her to purchase
The evidence on record also suggests that contrary to petitioners’
the same. Besides, the evidence further points to the fact that
claim, the subject property constitutes a portion of an eight-
Felicidad’s father Genaro was a mere tenant of the Ramos family
hectare parcel of land acquired by respondents from Ramos by
and could not have owned the property in question; and this is
purchase in 1985, and was not the result of a June 5, 1985 deed
precisely why, to own it, she had to purchase the same from
of extrajudicial settlement and September 9, 1985 segregation
Ramos.
agreement between the original owners and respondent
Felicidad. This is a finding of fact arrived at by both the RTC
and the CA — and this is admitted by petitioners in their The CA is therefore correct in its pronouncement — citing
Petition, which specifically adopted the findings of fact of the Spouses Esmaquel and Sordevilla v. Coprada20 — that TCT
RTC on this score.19 T-47318 constitutes evidence of respondents’ ownership over
the subject property, which lies within the area covered by said
By adopting the findings of fact of the trial court, petitioners are title; that TCT T-47318 serves as evidence of indefeasible and
incontrovertible title to the property in favor of respondents,
precluded from further arguing that TCT T-47318 is void on the
whose names appear therein; and that as registered owners, they
are entitled to possession of the subject property. As against VOL. 777, DECEMBER 9, 2015 323
possession claimed by the petitioners, respondents’ certificate of Trinidad II vs. Palad
title prevails. “[M]ere possession cannot defeat the title of a
holder of a registered [T]orrens title x x x.”21
which does not belong to him although he may have executed a
document awarding the same to Augusto. No one can give that
On the other hand, petitioners’ claim — their main defense in
which he does not own — nemo dat quod non habet. Finally,
the suit — is that their predecessor Augusto was the owner of
petitioners acknowledge that what Genaro supposedly gave
the subject property. But such claim rests on very shaky ground.
Augusto as the latter’s attorney’s fees was Lot 13-A, while it
First, they claim that the subject property was awarded as
turned out that what Augusto occupied was Lot 13-C, which is
attorney’s fees in 1977 to Augusto by Genaro. However, in
registered in respondents’ favor as TCT T-47318. Evidently,
seeking the annulment of respondents’ title, they claim at the
Augusto had no right over Lot 13-C which he wrongly occupied;
same time that the property was acquired by Felicidad through
consequently, petitioners, as Augusto’s successors-in-interest,
inheritance from Navarro, who happens to be the grandmother
have no viable defense to respondents’ claim in Civil Case No.
of Ramos.22 And yet, at the appeal stage before the CA, they
92-71.
adopt without question the RTC’s finding that the subject
property was purchased by Felicidad from Ramos. Such a
Indeed, the only reason why petitioners won their case in the
conflicting and flip-flopping stance deserves no serious
RTC is that in the court’s July 4, 2008 Decision it assumed and
consideration. Genaro may not dispose of the property
concluded that Genaro was the owner of the subject property
which he awarded to Augusto via the supposed October 4, 1977
_______________
“Kasulatan ng Pagbabahagi’’ between Genaro and Augusto -
when the evidence points to the fact that the property was
20 653 Phil. 96, 105; 638 SCRA 428, 438 (2010).
acquired by respondents through purchase from its original
owner, Ramos.
21 Eduarte v. Court of Appeals, 323 Phil. 462, 475; 253 SCRA
391, 401 (1996).
Thus, as the CA correctly held, petitioners are mere intruders
with respect to the subject property; they have no right to own
22 Rollo, p. 40.
or possess the same. On the other hand, as registered owners of
the subject property, respondents have the right to exercise all
attributes of ownership including possession which they cannot
do while petitioners remain there.

WHEREFORE, the Petition is DENIED. The March 27, 2012

323
Decision and August 24, 2012 Resolution of the Court of
Appeals in C.A.-G.R. CV No. 92118 are AFFIRMED IN
TOTO. Petitioners and their heirs, successors-in-interest and
privies are ordered to VACATE the two-hectare fishpond as ——o0o——
well as any other portion of the property covered by Transfer
Certificate of Title No. T-47318.

SO ORDERED.

324

324 SUPREME COURT REPORTS ANNOTATED

Trinidad II vs. Palad

Carpio (Chairperson), Perez,** Mendoza and Leonen, JJ.,

concur.

Petition denied, judgment and resolution affirmed in toto.

Notes.—A Torrens certificate of title cannot be the subject of

collateral attack. (Abadilla, Jr. vs. Obrero, 740 SCRA 208
[2014])

The physical certificate of title does not vest in a person

ownership or right over a property. It is merely an evidence of
such ownership or right. (Heirs of Gregorio Lopez vs.
Development Bank of the Philippines, 741 SCRA 153 [2014])