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Digest 3rd Cases

The respondents claimed ownership over a disputed property based on an OCT certificate of title. However, the court ruled that a certificate of title is not equivalent to actual title or ownership. Ownership can still be disputed even with a certificate of title. The respondents did not provide evidence showing how they acquired actual title to the disputed portions of the property. However, the court could not order the cancellation of the OCT and issuance of a new title to the petitioners because the lower court did not have jurisdiction over actions involving cancellation of Torrens titles. The property still needed to be reconveyed to the petitioners as the rightful owners.

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375 views1 page

Digest 3rd Cases

The respondents claimed ownership over a disputed property based on an OCT certificate of title. However, the court ruled that a certificate of title is not equivalent to actual title or ownership. Ownership can still be disputed even with a certificate of title. The respondents did not provide evidence showing how they acquired actual title to the disputed portions of the property. However, the court could not order the cancellation of the OCT and issuance of a new title to the petitioners because the lower court did not have jurisdiction over actions involving cancellation of Torrens titles. The property still needed to be reconveyed to the petitioners as the rightful owners.

Uploaded by

Mary Kristin Joy Guirhem
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Alde v. Bernal, GR No.

169336, March 18, 2010


SPOUSES MELCHOR and SATURNINA ALDE, Petitioners, vs. RONALD B. BERNAL, OLYMPIA B.
BERNAL, JUANITO B. BERNAL, and MYRNA D. BERNAL, Respondents.

Facts: WON Mario has a better right over the subject land.
In 1957, Adriano Bernal, father of Ronald, Olympia, Juanito and Myrna had in his possession a property
which was later surveyed and designated as Cadastral Lot No. 1123, Cad 1119-D, Case 8 in 1992. In 1994,
Adriano secured a loan from Melchor and Saturnina Alde and turned over physical possession, occupation
and cultivation of 3 hectares of the property to Spouses Alde. Then Adriano had later sold the property to
Spouses Aldo.

On 18 October 1994, OCT No. AO-7236 was issued in the names of the Bernals. OCT No. AO-7236
originated from CLOA No. 00073938 issued by the Department of Agrarian Reform pursuant to Republic
Act No. 6657. Then, in April 2002, respondents demanded from petitioners P50,000 as additional
consideration for the property. Respondents also informed petitioners, for the first time, of the existence of
OCT No. AO-7236. Petitioners rejected respondents’ request since they already bought the entire property in
1994 and requested that respondents should turn-over to them OCT No. AO-7236.

Issue: WON the respondents can claim ownership over the disputed portions of the property.

Ruling
The respondents claim ownership of the property based on OCT No. AO-7236. However, a certificate of title
is not equivalent to title. In Lee Tek Sheng v. Court of Appeals: By title, the law refers to ownership which is
represented by that document [the Original Certificate of Title or the Transfer Certificate of Title]. Petitioner
apparently confuses certificate with title. Placing a parcel of land under the mantle of the Torrens system
does not mean that ownership thereof can no longer be disputed. Ownership is different from a certificate of
title. The TCT is only the best proof of ownership of a piece of land. Besides, the certificate cannot always be
considered as conclusive evidence of ownership. Mere issuance of the certificate of title in the name of any
person does not foreclose the possibility that the real property may be under co-ownership with persons not
named in the certificate or that the registrant may only be a trustee or that other parties may have acquired
interest subsequent to the issuance of the certificate of title. To repeat, registration is not the equivalent of
title, but is only the best evidence thereof. Title as a concept of ownership should not be confused with the
certificate of title as evidence of such ownership although both are interchangeable.

In this case, respondents cannot claim ownership over the disputed portions of the property absent any
showing of how they acquired title over the same.Accordingly, the property must be reconveyed in favor of
petitioners. An action for reconveyance is a legal and equitable remedy granted to the rightful owner of land
which has been wrongfully or erroneously registered in the name of another for the purpose of compelling
the latter to transfer or reconvey the land to him. However, since petitioners did not make a direct attack on
the validity of OCT No. AO-7236 and had not asked for the cancellation of the original certificate of title as
required by Section 48 of Presidential Decree No. 1529, this Court cannot cancel OCT No. AO-7236 and
order the issuance of a new certificate of title in the name of petitioners. Any direct attack on the validity of a
Torrens certificate of title must be instituted with the proper Regional Trial Court. This case originated in the
Municipal Circuit Trial Court. Even if the Court will consider petitioners’ counter-claim as a petition for the
cancellation of OCT No. AO-7236 and, thus, a direct attack on the certificate of title, the MCTC still does not
have jurisdiction over the cancellation of a Torrens title.

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