Professional Documents
Culture Documents
LTD CASE Firaza V Ugay
LTD CASE Firaza V Ugay
165838
FACTS
Civil case no. 442 was commenced by a complaint for quieting of title filed by the
respondents who alleged that they are the registered owners of lot 288708 as evidenced by
OCT P16080.
The complaint prayed for the annulment of the ta declaration issued in the name of the
petitioner on the ground that it creates a cloud upon the respondents title.
The RTC opined that the counsel of petitioner propounded questions pertaining to the
circumstances attending the issuance of a recommendation for respondent. Respondents
counsel objected and alleged that it constitutes collateral attack to the respondents title since a
counterclaim is a direct attack on the validity of title. The CA affirmed the RTC’s decision but
said counterclaim is a collateral attack to the validity of respondent’s title.
ISSUE
Is the complaint filed considered a collateral attack or direct attack?
RULING