THIRD DIVISION
G.R. No. 116111 January 21, 1999
REPUBLIC OF THE PHILIPPINES, (Represented by the Acting Commissioner of Land Registration), petitioner,
vs.
COURT OF APPEALS, Spouses CATALINO SANTOS and THELMA BARRERO SANTOS, ST. JUDE'S ENTERPRISES, INC., Spouses DOMINGO CALAGUIAN and FELICIDAD CALAGUIAN, VIRGINIA DELA FUENTE and LUCY MADAYA, respondents.
Separate Opinions
VITUG, J., concurring opinion;
The rule has been to the effect that a purchaser of registered land is not ordinarily required to explore further than what the record in the Registry indicates on its face in quest of any hidden defect or inchoate right which might adversely affect the buyer's right over the property. 1 Undoubtedly, to allow in the instant case the cancellation of the titles of herein private respondents would defeat rather than enhance the purpose and scheme of the Torrens System. It is my understanding, however, that the rule that the Court has here announced would not apply to a situation where the enlargement or expansion in area would result in an encroachment on or reduction of any area covered by a certificate of title previously issued.ℒαwρhi৷ To rule otherwise would itself be to downgrade the integrity of the Torrens System.
Footnote
1 Pulido vs. CA, 251 SCRA 673.
The Lawphil Project - Arellano Law Foundation
