Professional Documents
Culture Documents
Cadastral Registration Proceedings
Cadastral Registration Proceedings
CERTIFICATE OF TITLE
Cadastral Survey
Application/Purpose:
-
When VESTED:
-
the payment
obligation.
of
some
debt
or
different relief, an
attack
on
the
judgment
is
nevertheless made
as
an
incident
thereof.
Elements of Laches:
1.
2.
3.
4.
Doctrine of laches is inapplicable where The act of registration shall be the operative
the
action
was
filed
within
the act to convey or affect the land insofar as
prescriptive period.
third persons are concerned, and in all cases
Certificate of title cannot be the subject of under this Decree, the registration shall be
collateral attack. Once registered, itmade in the office of the Register of Deeds
cannot be impugned, altered, changed, for the province or city where the land lies.
modified, enlarged or diminished except
in a direct proceeding permitted by law. Formal Requirements of Contracts Involving
Torrens
title
cannot
be
attackedReal Property:
collaterally. The efficacy and integrity of
1. Consent of the contracting parties;
the Torrens system must be protected.
2. Object certain which is the subject
A decree of registration and the
matter of the contract; and
certificate of title issued pursuant thereto
3. Cause of the obligation which is
may be attacked only on the ground of
established.
actual fraud within 1 year from the date
Contract TO Sale
of its entry and such an attack must be Contract OF Sale
is,
direct and not by a collateral proceeding. 1. The title to the 1. Ownership
property passes
by agreement,
Direct Attack
Collateral Attack
to the vendee
reserved in the
Attack is direct Attack is collateral
upon
the
vendor and is
when the object of when, in an action
delivery of the
not to pass to
the action is to to
obtain
a
thing to sold.
the
vendee
2.
3.
4.
5.
until
full
payment of the
purchase
price.
The
vendor 2. Title is retained
losses
by the vendor
ownership over
until
full
the
property
payment of the
and
cannot
price.
recover it until
and unless the
contract
is
resolved
or
rescinded.
The
seller 3. The buyer does
conveys
not
acquire
ownership
of
ownership
of
the property to
the
property
the buyer upon
until he pays
the perfection
the
purchase
of the contract.
price
The
non- 4. Subject to a
payment of the
positive
price
is
a
suspensive
negative
condition.
resolutory
condition.
If the buyer 5. If the buyer
defaults in the
defaults in the
payment of the
payment
purchase price,
thereof,
the
the seller may
seller can only
either sue for
sue
for
the
collection
damages.
thereof or have
the
contract
judicially
resolved
and
set aside.
Delivery
-
d.
e.
Dacion En Pago
-