Grounds Invoked

Under Section 108

of P.D. 1529
(a) that an error or omission was made
therein

JUAN DELA CRUZ WIDOW

WIDOWER
(b) that a registered interest is terminated;

(c) that new rights have arisen which do not

appear on the certificate.
(d) that the name or status of a person
mentioned in the certificate has been
changed.
(e) that upon any other reasonable ground.
Cancellation of Title
• An action for the cancellation of title is filed in
the registration case and not in an ordinary civil
action. The original certificate of title as well as
the owners duplicate certificate of title may be
ordered cancelled by the court under certain
conditions.
 Grounds for
Cancellation of
Title
(1) when the title is void:
(a) because it is procured thru fraud
(b) because it is issued for a land already covered
by a prior Torrens title.
(c) because it covers land reserved for military,
naval or civil public purposes.
(d) because it covers a land which has not been
brought under the registration proceeding.
(a) because it is procured thru
fraud
Examples: When a person
• applies for the registration of a land in his name
although he knows that the same belongs to
another.
• by means of a forged deed of sale succeeds in
obtaining transfer certificate of title in his favor
on the strength of the deed supposedly signed
by the owner, the title issued to the forger
should be cancelled unless the property has been
transferred to an innocent purchaser for value
(b) because it is issued for a land
already covered by a prior
Torrens title.
Example: Penullar vs. PNB, 120 SCRA 111 [1983]
When a piece of land or a part thereof registered in
the name of a person is again registered in the name of
another person, the later registration is null and void
insofar as the portion of the land twice registered is
concerned because the court had no jurisdiction
whatsoever to inquire into, settle and adjudicate a title
which it had previously determined. The applicant in the
latter registration proceeding cannot complain because the
earlier proceeding was one in rem and he was therefore,
made a party thereto and is bound by the decree of
registration therein entered
(c) because it covers land
reserved for military, naval or
civil public purposes.
• Example:
Title to all lands within the limits of a military
reservation must be considered as definitely
settled and the courts have no jurisdiction to
order the registration of the same lands in favor of
private individuals or corporations and the title
therein issued is void
(d) because it covers a land which
has not been brought under the
registration proceeding.
• Example:
In case a person has put in no claim to a land
or has not applied for the same, the court has no
jurisdiction to order its registration in his name
and the title issued by virtue of such order, is null
and void and can be ordered cancelled even if the
property has been transferred to a third person
(2) When the title is replaced by one
issued under a cadastral proceeding;
and

(3) when the condition for its issuance

has been violated by the registered
owner.
Q: What is the remedy in case a
certificate of title is lost or destroyed?

A: Remedy is reconstitution of lost or

destroyed certificate of title in the office of
Register of Deeds in accordance with R.A.
26.
Reconstitution of a
Torrens Certificate
of Title
 Definition

- restoration of the instrument, which is supposed

to have been lost or destroyed in its original form
and condition.
 Elements:
1) that the certificate of title has been lost or
destroyed;
2) that the petitioner is the registered owner
or has an interest therein; and
3) that the certificate of title was in force at
the time it was lost or destroyed
 Purpose

The purpose of the reconstitution of

title or any document is to have the same
reproduced, after proper proceedings, in the
same form they were when the loss or
destruction occurred.”