G.R. No. 202426, January 27, 2016

G.R. No. 202426, January 27, 2016 is a decision 2016 made by the Supreme Court.

In resolving the Petition for Review, the CA lost sight of the legal principle that in resolving the issue of possession in an ejectment case, the registered owner of the property is preferred over the transferee under an unregistered deed of sale. In Co v. Militar,[21] this Court held that - In the instant case, the evidence showed that as between the parties, it is the petitioner who has a Torrens Title to the property. Respondents merely showed their unregistered deeds of sale in support of their claims. The Metropolitan Trial Court correctly relied on the transfer certificate of title in the name of petitioner.==Case Details==
 * Gina Endaya Vs. Ernesto V. Villaos
 * G.R. No. 202426, January 27, 2016
 * Justice xxx
 * http://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/61597
 * xxx

Issue

 * The Honorable Court of Appeals erred in affirming the findings of the MTCC of Puerto Princesa City and RTC Branch 49 on the issue of ownership of the subject properties.
 * The Honorable Court of Appeals erred in ruling that the issue of jurisdiction, or lack of it, of the MTCC over the complaint for ejectment filed by the Respondent cannot be raised for the first time on appeal.

Info
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 of the land described therein. It is also settled that the titleholder is entitled to all the attributes of ownership of the property, including possession. Thus, in Arambulo v. Gungab, this Court declared that the age-old rule is that the person who has a Torrens title over a land is entitled to possession thereof.

Decision
WHEREFORE, the Petition is GRANTED. The assailed January 2, 2012 Decision and June 11, 2012 Resolution of the Court of Appeals in CA-G.R. SP No. 110427 are REVERSED and SET ASIDE. Civil Case No. 1940 for ejectment is ordered DISMISSED.

Trivia

 * Lawyer's probable liability.