Legarda vs Saleeby, 31 Phil. 590; GR No.

8936, October 2, 1915

Posted by Pius Morados on November 27, 2011

(Land Titles and Deeds Purpose of the Torrens System of Registration)

Facts: A stone wall stands between the adjoining lot of Legarda and Saleeby. The said wall and the strip of land
where it stands is registered in the Torrens system under the name of Legarda in 1906. Six years after the decree of
registration is released in favor of Legarda, Saleeby applied for registration of his lot under the Torrens system in
1912, and the decree issued in favor of the latter included the stone wall and the strip of land where it stands.
Issue: Who should be the owner of a land and its improvement which has been registered under the name of two
persons?
Held: For the issue involved, The Land Registration Act (Act 496) affords no remedy. However, it can be construed
that where two certificates purports to include the same registered land, the holder of the earlier one continues to hold
title and will prevail.
The real purpose of the Torrens system of registration, is to quiet title to land; to put a stop forever to any question of
the legality of the title, except claims which were noted at the time of registration, in the certificate, or which may arise
subsequent thereto. That being the purpose of the law, once a title is registered the owner may rest secure, without
the necessity of waiting in the portals of the court, or sitting in the mirador de su casa, to avoid the possibility of
losing his land.
The law guarantees the title of the registered owner once it has entered into the Torrens system.