What is the Right of Action of Mr.

Mr. A may file an accion reinvidicatoria or accion reinvindicacion.

Accion reivindicatoria or accion de reivindicacion is an action whereby the plaintiff

alleges ownership over a parcel of land and seeks recovery of its full possession. It is
a suit to recover possession of a parcel of land as an element of ownership

It is settled that a Torrens title is evidence of indefeasible title to property in favor of

the person in whose name the title appears. It is conclusive evidence with respect to
the ownership of theland described therein1. As the registered owner, petitioner had
a right to the possession of the property, which is one of the attributes of his
ownership. x x x2.

In this case, it is clearly stated that Mr. A, as the registered owner is asserting his
claim of ownership and possession over the parcel of land. Being the said case, the
proper action is an accion reinvidicatoria to filed in the Regional Trial Court having
jurisdiction over the land in dispute.

Is demand necessary

In forcible entry, the law does not require a previous demand for the defendant to
vacate the premises; but in unlawful detainer, the plaintiff must first make such demand, which
is jurisdictional in nature.

What are the possible defenses of Mr. A?

Mr. A who possess a Torrens Title may interpose the defense to the alleged illegal
possession of title the following:

(a.)PURPOSE OF THE TORRENS SYSTEM. — The real purpose of the torrens

system of land 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 registrations in the certificate, or which may arise subsequent thereto. That
being the purpose of the law, it would seem that once the title was registered,
the owner might 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 proceeding for the registration of land under the torrens
system is a judicial proceeding, but it involves more in its consequences than
does an ordinary action.

1
Ginaendaya v. Ernesto V. Villaos G.R No. 202426
2
Co V. Militar 466 Phil. 217 (2004)
Mr. A as the registered owner is protected under the law. Torrens title is evidence of
indefeasible title to property in favor of the person in whose name the title appears. It is
conclusive evidence with respect to the ownership of the land described therein. Moreover, it is
a well settled rule in this jurisidiction that all of acts of the government and its agencies are
impressed with a presumption of regularity. That is, when an act has been completed, it is to
be supposed that the act was done in the manner prescribed and by an officer authorized
by law to do it.

How do you know if the title is valid and not simulated

The Register of Deeds now Land Registration Authority (LRA) issues registration
and certificates of title and register documents, patents, and other land transactions. Every
property title comes in two copies. It stores the original copy, while the property owners keep the
duplicate carbon copy. Both the original copy and the one issued to the property owner should
have the exact same information.

These are the things to check for to ensure that your title is real:

 Signatures and initials on both the original and owner’s duplicate copies should be
exactly the same.
 The technical description that describes the property location, area of the property, and
property boundaries should also be the same for both owner’s duplicate and original
copies.
 The original and owner’s duplicate copies of title should bear the same annotations and
encumbrances at the back page.
 The serial numbers should be the same for both original and owner’s duplicate copies. It
should correspond to the particular Registry of Deeds that issued the title. 
 The duplicate copy should contain the words “Owner’s Duplicate Certificate”. It should
also have a red seal that should not blot or stain when wet.
 If an owner’s duplicate copy is lost or destroyed and reconstituted, it should bear the
letters “RT” preceding the title. Meanwhile, the original copy of the title that was
reconstituted should contain the letters “RO” before the title number.
 Check if the Register of Deeds that signed and issued the title was the incumbent register
of deeds at the time the title was issued.
 Consult the Registry of Deeds Releasing Book to see if the registry released a title
carrying such number on that specific date.
 Check the issuance of Decree at the Land Registration Authority.
 Hold the certificate of the title against the light (original and owner’s if possible) to
verify if it bears security marks or water marks such as “NLTDRA” or “LRA”
 The last two digits of the title number should be the same as the last two digits of the
page number found at the top right portion of the title
 Verify from the LRA if the serial number (upper left side portion) corresponds to the
series of titles assigned or allocated to the Registry of Deeds that issued the title.