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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

Lot Lambda, a parcel of land, is titled in the name of Aurelio under TCT No. L-1001. Aurelio’s long-time house manager, using a forged deed purporting to transfer Lot Lambda from Aurelio to Leo, procures original registration and a new certificate of title in Leo’s name (TCT No. L-1002). Aurelio discovers the fraud and seeks reconveyance of Lot Lambda and cancellation of Leo’s title.

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The certificate of title is merely prima facie evidence and may be set aside by ordinary action; reconveyance is not a remedy. The proper remedy is to cancel the title and reissue to Aurelio, regardless of fraud. The doctrine applies only to the government’s action to cancel a title; private actions for reconveyance are not allowed. The indefeasibility of title under the Torrens system generally protects the registered owner, but it admits exceptions such as extrinsic fraud; when registration is obtained through extrinsic fraud, the true owner may obtain reconveyance and cancellation of the fraudulent title.

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