Caraan v. CA, G.R. No. 140752. Nov. 11, 2005 in cases of hereditary succession.

Where the common areas

FACTS:
private respondents are the registered owners of the real
property loc in Q.C. they discovered that the land was being
occupied by petitioner who had built his residential house
and such occupancy by petitioner was effected through
fraud, strategy and stealth without private respondents
knowledge and consent. demands to vacate, both oral and
written, were made upon petitioner but to no avail.
Respondents filed for accion reivendicaturia against the
petioners before the RTC. Petitioner contends he had
acquired the land in question through extra-ordinary
prescription of thirty years of continuous, public, open and
uninterrupted possession and that he has a better right since
respondents TCT was derived from a OCT that was
declared null and void by the RTC.
ISSUE:
WON respondents contention is correct.
HELD:
a certificate of title serves as evidence of an indefeasible
title to the property in favor of the person whose name
appears therein. Private respondents having presented TCT,
they have thus proven their allegation of ownership over the
subject property. Section 48, Presidential Decree No. 1529
(P.D. No. 1529), provides that a certificate of title shall
not be subject to collateral attack. It cannot be altered,
modified, or cancelled except in a direct proceeding in
accordance with law. the Court defined a collateral
attack on the title in this wise: When is an action an
attack on a title? It is when the object of the action or
proceeding is to nullify the title, and thus challenge the
judgment pursuant to which the title was decreed. The
attack is direct when the object of an action or proceeding is
to annul or set aside such judgment, or enjoin its
enforcement.
On the other hand, the attack is indirect or collateral when, in
an action to obtain a different relief, an attack on the
judgment is nevertheless made as an incident thereof. In an
action for recovery of possession, the defense of the
possessor that the plaintiffs certificate of title is void is a
collateral attack which is prohibited under PD 1529. the
defense of prescription of Caraan cannot stand against the
Certificate of Title of Cosme because under section 47, PD
1529, no title to registered land in derogation of the title of
the registered owner shall be acquired by prescription or
adverse possession.
in a condominium project are held by a corporation, no
transfer or conveyance of a unit shall be valid if the
concomitant transfer of the appurtenant membership or
stockholding in the corporation will cause the alien interest in
such corporation to exceed the limits imposed by existing
laws.
Executive Order No. 292 [BOOK IV/Title III/Chapter 9-
Land Registration Authority]
CHAPTER 9
Land Registration Authority
SECTION 28. The Land Registration Authority.The Land
Registration Authority, hereinafter referred to as the Authority
shall continue to exercise its powers and functions under
existing law on the Land Titles and Deeds Registration
Authority and those which may hereafter be provided by law.
SECTION 29. Organizational Structure.The Authority shall
be headed by an Administrator who shall be assisted by two
(2) Deputy Administrators, all of whom shall be appointed by
the President upon the recommendation of the Secretary.
SECTION 30. Reorganization of Registry Offices in the
National Capital Region.The Registries of Deeds in the
National Capital Region is hereby reorganized as follows:
(1) The Registries of Deeds in the cities of Manila, Quezon,
Pasay and Caloocan shall be maintained;
(2) There is hereby created Registries of Deeds in the
Municipalities of Navotas, Malabon, Valenzuela,
Mandaluyong, San Juan, Marikina, Las Pias and
Paraaque with jurisdiction over their respective
municipalities;
(3) The Registry of Deeds of Pasig shall be maintained with
jurisdiction over the Municipalities of Pasig, Taguig and
Pateros; and
(4) The Registry of Deeds of Makati shall have jurisdiction
over the municipalities of Makati and Muntinlupa.
Executive Order No. 292
ADMINISTRATIVE CODE OF 1987

Sec. 5. Any transfer or conveyance of a unit or an apartment,

office or store or other space therein, shall include the
transfer or conveyance of the undivided interests in the
common areas or, in a proper case, the membership or
shareholdings in the condominium
corporation: Provided, however, That where the common
areas in the condominium project are owned by the owners
of separate units as co-owners thereof, no condominium unit
therein shall be conveyed or transferred to persons other
than Filipino citizens, or corporations at least sixty percent of
the capital stock of which belong to Filipino citizens, except