destroy the same.

This right is embodied in the Civil Code, which

provides that the owner of property the usufruct of which is held by
another, may alienate it, although he cannot alter the propertys
form or substance, or do anything which may be prejudicial to the
usufructuary. There is no doubt that the owner may validly
mortgage the property in favor of a third person and the law
provides that, in such a case, the usufructuary shall not be obliged
to pay the debt of the mortga-gor, and should the immovable be
attached or sold judicially for the payment of the debt, the owner
shall be liable to the usufructuary for whatever the latter may lose
by reason thereof.
Same; Where innocent third persons rely upon the correctness of
a certificate of title and acquire rights over the property, the court
cannot just disregard such rights.It is a well-settled principle that
where innocent third persons rely upon the correctness of a
certificate of title and acquire rights over the property, the court
cannot just disregard such rights. Otherwise, public confidence in
the certificate of title, and ultimately, the Torrens system, would be
impaired for everyone dealing with registered property would still
have to inquire at every instance whether the title has been
regularly or irregularly issued. Being an innocent mortgagee for
value, R & B Insurance validly acquired ownership over the
property, subject only to the usufructuary rights of Justa Kausapin
thereto, as this encumbrance was properly annotated upon its
certificate of title.
Courts; Evidence; Factual findings of the trial court,
particularly when affirmed by the appellate court, carry great weight
and are entitled to respect on appeal; Exceptions.The factual
findings of the trial court, particularly when affirmed by the
appellate court, carry great weight and are entitled to respect on
appeal, except under
352

352

SUPREME COURT REPORTS ANNOTATED

Hemedes vs. Court of Appeals

certain circumstances. One such circumstance that would compel

the Court to review the factual findings of the lower courts is where
the lower courts manifestly overlooked certain relevant facts not
disputed by the parties and which, if properly considered, would
justify a different conclusion. Also, it is axiomatic that the drawing