ANGELES vs.

SAMIA
GR # L-15466, February 18, 1921

FACTS:
The lot in question has the original certificate of title No. 8995 and is issued in the name of the plaintiff and others.
Plaintiff inherited the lot from his father and continued to exercise acts of ownership over the land in question
openly, uninterruptedly and peacefully despite the denial of his registration with the Land Registration Act in his
name.

Defendant alleges that she is the exclusive owner of the property by arguing that it was allotted to her when her
co-owners made a partition of all the properties owned by them in common, and that if the plaintiff ever had any
right prior to the issuance of said original certificate of title, it prescribed a long time ago. Without the consent of
the plaintiff, she and her co-owners applied and were issued the original certificate of title No. 8995. The plaintiff
told her to execute a deed of transfer in his favor but the defendant refused claiming that her title was already
indefeasible.

The lower court favored the plaintiff, resulting in this appeal by the defendant.

ISSUE/S:
Whether the plaintiff’s action has prescribed.

RULING:
No, Angeles’ action has not prescribed.

In the first place the defense of prescription is untenable because neither she or her co-owners possessed the lot
in any capacity since they never claimed to be the owners and if she did it was due to an error.

The Land Registration Act does not create or vest a title but confirms and registers a title already created and
already vested. It appearing that said certificate granted her much more than she expected to the prejudice of the
plaintiff, it is right that the error be corrected.

It was also proven that the defendant and her co-owners know that the issuance of the original title was by an
error.

The Land Registration Act as well as the Cadastral Act protects only the holders of a title in good faith and does not
permit its provision to be used as a shield for the commission of fraud, or that one should enrich himself at the
expense of another.
 
 
AUTHOR: MAGLINES, GABRIELLE