G.R. No. 36890 , December 21, 1933
THE BANK OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. PASCUAL ACUÑA, ET AL., defendants-appellants.

FACTS

The Bank of the Philippine Islands, as receiver of the Tuason Entail, filed an action to recover possession of land within the Santa Mesa and Diliman hacienda in Rizal from numerous defendants (grouped as Bagobantay and Diliman appellants), who had entered and occupied portions of the property in October 1929. The plaintiff held Torrens certificate of title No. 3792, issued in lieu of an older certificate dating from 1914, covering the approximately 1,600-hectare estate. The defendants asserted claims of ownership or long-term possession, sought compensation for improvements, and challenged the validity of the Torrens title. The trial court ruled in favor of the plaintiff, ordering the defendants to surrender possession and disallowing their counterclaims.

ISSUE

Whether the defendants have any valid dominical right or claim to the land covered by the plaintiff’s Torrens title, entitling them to retain possession or recover compensation for improvements.

RULING

No. The Supreme Court affirmed the trial court’s judgment. The Torrens title held by the plaintiff is indefeasible and imprescriptible under Section 46 of Act No. 496 (Land Registration Act). The defendants’ occupation was a mere usurpation without any color of title or right. Their claims of prior possession or that their parcels fell outside the titled land were baseless. The alleged improvements, even if made, were constructed in notorious bad faith and thus not compensable. The challenge to the title’s validity based on lack of republication after an amendment to exclude land during registration proceedings was unavailing, as the amendment involved exclusion, not inclusion, of land, and the doctrine requiring republication did not apply. The appeal was without merit.

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