7/17/2019 Ownership

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OWNERSHIP

A Torrens title cannot be attacked collaterally, and the issue on its validity can be

raised only in an action expressly instituted for that purpose. A collateral attack is

made when, in another action to obtain a dierent relief, the certicate of title is

assailed as an incident in said action. Spouses Decalen only souht the dismissal

of the complaint of !"#$"D%! plus the rant of their counterclaim for the payment

of moral damaes, exemplary damaes, litiation expenses, and attorney&s fees.

 They conspicuously did not pray for the annulment or cancellation of #erticate of

 Title %o. '. "vidently, the Spouses Decalen&s attack on the validity, as well as the

existence of #erticate of Title %o. ' is only incidental to their defense aainst the

accion publiciana and accion reinvindicatoria instituted by !"#$"D%!, hence, merely

collateral. $ Sps. Ambrosio Decalen (substituted by his heirs) and *ulia +anay+

Decalen vs. -ishop of the issionary District of the !hilippine /slands of !rotestant

"piscopal #hurch in the 0nited States of America, otherwise known as the !hilippine"piscopal #hurch, 1.2. %o. '3'456, *une 43, 45'4