G.R. No.: L-11419

FACTS:
1. Fabian Arias was issued a Torrens title for a parcel of land in 1904 under Land Registration Case No. 303.
2. Subsequently, a cadastral survey (Cadastral Case No. 8007) was conducted in Iloilo, which affected the lands of Arias and other claimants, including Maria Gay and Gregorio Montinola.
3. The cadastral plan (Exhibit D) prepared by surveyor Veal showed discrepancies with Arias’s existing Torrens title. It indicated that a portion of Arias’s land (lot 2-b) should belong to Maria Gay and another triangular portion (T-Y-C) was claimed by Gregorio Montinola, who also held a title from a separate case (No. 1341).
4. The trial court, relying on the cadastral survey, ordered the cancellation of Arias’s original Torrens title and the issuance of a new one conforming to the cadastral plan, which would reduce the area of his land.
5. Arias appealed, arguing that his 1904 Torrens title was final and indefeasible. A separate survey by surveyor Pope confirmed that the original plan attached to Arias’s title in Case No. 303 was correct.

ISSUE:
Whether a valid and existing Torrens title, issued prior to a cadastral survey, can be altered or diminished to conform to a subsequent cadastral plan.

RULING:
NO. The Supreme Court reversed the trial court’s judgment and set it aside.
1. The Torrens title issued to Fabian Arias in 1904 was final, conclusive, and indefeasible. He had been the undisputed owner since its issuance.

3. Citing the precedent in Government vs. Caballero (34 Phil. Rep., 540), the Court held that if a new certificate is issued under the Cadastral Act to a holder of an existing Torrens title, the new certificate must include all the land contained in the original title. No part of the land covered by the old title can be taken away.
4. The conflict between the opinions of surveyors Veal and Pope only reinforced the necessity to uphold the sanctity of the existing Torrens title.
5. The case was remanded to the trial court for a new trial to determine whether the description in the cadastral proceedings agrees with Arias’s original decree and title, with the clear instruction that Arias’s original plan can only be rectified if it is found not to agree with the title itselfnot merely to conform to a new survey.