THIRD DIVISION

[G.R. No. 68291. March 6, 1991.]

ARCADIO, MELQUIADES, ABDULA, EUGENIO, APOLONIO, all

surnamed YBAÑEZ , petitioners, vs. THE HONORABLE INTERMEDIATE
APPELLATE COURT and VALENTIN O. OUANO , respondents.

Dominador F. Carillo for petitioners.

Pableo B. Baldoza for private respondent.

SYLLABUS

1. CIVIL LAW; LAND TITLES AND DEEDS; LAND REGISTRATION ACT; TORRENS TITLE; NOT
SUBJECT TO COLLATERAL ATTACK; MUST BE IN A DIRECT PROCEEDING — It was
erroneous for petitioners to question the Torrens Original Certi cate of Title issued to
private respondent over Lot No. 986 in Civil Case No. 671, an ordinary civil action for
recovery of possession led by the registered owner of the said lot, by invoking as
af rmative defense in their answer the Order of the Bureau of Lands, dated July 19, 1978,
issued pursuant to the investigatory power of the Director of Lands under Section 91 of
Public Land Law (C.A. 141 as amended). Such a defense partakes of the nature of a
collateral attack against a certi cate of title brought under the operation of the Torrens
system of registration pursuant to Section 122 of the Land Registration Act, now Section
103 of P.D. 1259. The case law on the matter does not allow a collateral attack on the
Torrens certi cate of title on the ground of actual fraud. The rule now nds expression in
Section 48 of P.D. 1529 otherwise known as the Property Registration Decree. A decree of
registration and the certi cate of title issued pursuant thereto may be attacked on the
ground of actual fraud within one (1) year from the date of its entry and such an attack
must be direct and not by a collateral proceeding. The validity of the certi cate of title in
this regard can be threshed out only in an action expressly filed for the purpose.
2. ID.; ID.; ID.; ID.; EVIDENCE OF INDEFEASIBILTIY OF TITLE — The certi cate of title serves
as evidence of an indefeasible title to the property in favor of the person whose name
appears therein.
3. ID.; ID.; ID.; INCONTROVERTIBLE AFTER ONE (1) YEAR FROM ISSUANCE THEREOF —
After the expiration of the one (1) year period from the issuance of the decree of
registration upon which it is based, it becomes incontrovertible.
4. ID.; PUBLIC LAND ACT; HOMESTEAD PATENT; TITLE ISSUED PURSUANT THERETO,
INDEFEASIBLE PROVIDED LAND COVERED IS DISPOSABLE PUBLIC LAND — A certi cate
of title issued under an administrative proceeding pursuant to a homestead patent, as in
the instant case, is as indefeasible as a certi cate of title issued under a judicial
registration proceeding, provided the land covered by said certi cate is a disposable
public land within the contemplation of the Public Land Law.
5. ID.; ID.; ID.; ABSENCE OF PROVISION OF A LAW FIXING PERIOD FOR REVIEW OF
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 PATENT ISSUED ON GROUND OF ACTUAL FRAUD; SECTION 32 OF PRESIDENTIAL DECREE
NO. 1529 APPLIED BY IMPLICATION — There is no speci c provision in the Public Land
Law (C.A. No. 141, as amended) or the Land Registration Act (Act 496), now P.D. 1529,
xing the one (1) year period within which the public land patent is open to review on the
ground of actual fraud as in Section 38 of the Land Registration Act, now Section 32 of
P.D. 1529, and clothing a public land patent certi cate of title with indefeasibility.
Nevertheless, the pertinent pronouncements in the aforecited cases clearly reveal that
Section 38 of the Land Registration Act, now Section 32 of P.D. 1529 was applied by
implication by this Court to the patent issued by the Director of Lands duly approved by
the Secretary of Natural Resources, under the signature of the President of the Philippines
in accordance with law. The date of issuance of the patent, therefore, corresponds to the
date of the issuance of the decree in ordinary registration cases because the decree nally
awards the land applied for registration to the party entitled to it, and the patent issued by
the Director of Lands equally and nally grants, awards, and conveys the land applied for to
the applicant.
6. ID.; ID.; ID.; ID.; ID.; INDEFEASIBILITY OF PATENT AFTER ONE (1) YEAR FROM ISSUANCE
THEREOF — In the instant case, the public land certi cate of title issued to private
respondent attained the status of indefeasibility one (1) year after the issuance of patent
on April 15, 1963, hence, it is no longer open to review on the ground of actual fraud.
Consequently, the ling of the protest before the Bureau of Lands against the Homestead
Application of private respondent on January 3, 1975, or 12 years after, can no longer re-
open or revise the public land certi cate of title on the ground of actual fraud. No
reasonable and plausible excuse has been shown for such an unusual delay. The law
serves those who are vigilant and diligent and not those who sleep when the law requires
them to act.
7. REMEDIAL LAW; RECONVEYANCE; PROPER REMEDY AVAILABLE TO A PERSON WHOSE
PROPERTY HAS BEEN ERRONEOUSLY REGISTERED IN THE NAME OF ANOTHER — A
person whose property has been wrongly or erroneously registered in another's name is
not to set aside the decree, but, respecting the decree as incontrovertible and no longer
open to review, to bring an ordinary action in the ordinary court of justice for reconveyance
or, if the property has passed into the hands of an innocent purchaser for value, for
damages.
8. CIVIL LAW; PRESCRIPTION OF ACTIONS; RECONVEYANCE OF FRAUDULENTLY
REGISTERED REAL PROPERTY; TEN (10) YEARS PRESCRIPTIVE PERIOD — The
prescriptive period for the reconveyance of fraudulently registered real property is ten (10)
years reckoned from the date of the issuance of the certificate of title.
9. ADMINISTRATIVE LAW; DIRECTOR OF LANDS; FACTUAL FINDINGS IN ADMINISTRATIVE
PROCEEDINGS, NOT DECISIVE ON ISSUE OF POSSESSION — While there is no dispute that
the Director of Lands has the authority to conduct an investigation of any alleged fraud in
securing a homestead patent and the corresponding title to a public land notwithstanding
the status of indefeasibility attached to the certi cate of title of private respondent, and
such investigation cannot be enjoined by a writ of prohibition, it must be observed
however, that whatever may be the result of the factual nding in this administrative
proceedings under Section 91 of the Public Land Law is not decisive of the issue as to who
has a better right of possession (possession de jure) over Lot No. 986 in Civil Case No.
671.
10. REMEDIAL LAW; ACTIONS; ACCION PUBLICIANA, FALLS WITHIN THE JURISDICTION
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 OF THE REGIONAL TRIAL COURT — The action instituted by private respondent before the
trial court partakes of the nature of an accion publiciana which is basically intended for the
recovery of possession, and is a plenary action in an ordinary civil proceeding before a
Court of First Instance (now RTC).
11. CIVIL LAW; LAND TITLES AND DEEDS; PUBLIC LAND LAW; DIRECTOR OF LANDS;
PURPOSE OF ADMINISTRATIVE INVESTIGATION — In the case of the administrative
investigation under Section 91 of the Public Land Law, the sole and only purpose of the
Director of Lands is to determine whether or not fraud had been committed in securing
such title in order that the appropriate action for reversion may be filed by the Government.
It is not intended to invalidate the Torrens certi cate of title of the registered owner of the
land. Unless and until the land is reverted to the State by virtue of a judgment of a court of
law in a direct proceedings for reversion, the Torrens certi cate of title thereto remains
valid and binding against the whole world.

DECISION

FERNAN , C.J : p

This petition for certiorari, prohibition and mandamus which this court treated as a petition
for review on certiorari in its resolution of August 22, 1984 seeks to nullify the decision of
the Intermediate Appellate Court (now Court of Appeals) dated June 29, 1984, modifying
the decision of the Court of First Instance (now Regional Trial Court) of Davao Oriental,
dated June 8, 1981, ordering the herein petitioners to vacate the property in controversy;
to return its possession to private respondent and to pay P10,000.00 representing
proceeds of the land from January 4, 1975, and attorney's fees. prcd

Records show that private respondent Valentin Ouano, a claimant-occupant of Lot No. 986,
Pls-599-D situated at sitio Bagsac, barrio of Manikling, Governor Generoso (now San
Isidro), Davao del Norte, containing an area of three (3) hectares, 48 ares and 78 centares
which was surveyed on March 13, 1958, as evidenced by the "Survey Noti cation Card"
issued in his name, led on February 27, 1959, a homestead application 1 with the Bureau
of Lands. The said application, recorded as Homestead Application No. 20-107001, was
approved in an order dated March 3, 1959 issued by the District Land Of cer, Land District
No. 20, for and by authority of the Director of Lands.
Three (3) years thereafter, or on September 5, 1962, a "Notice of Intention to Make Final
Proof" was made by Valentin Ouano to establish his claim to the lot applied for and to
prove his residence and cultivation before Land Inspector Lorenzo Sazon at the Bureau of
Lands, Davao City at 10:00 o'clock A.M. appending thereto an af davit attesting that a
copy of his intention to make nal proof relative to his Homestead Application No. 20-
10701 was posted at the Municipal building of the Municipality of Gov. Generoso (now San
Isidro), Davao, on the bulletin board of the barrio where the land applied for is located, and
in a conspicuous place on the land itself on the 5th day of August, 1962 and remained so
posted for a period of thirty days, until September 5, 1962. 2
On the said date, or on September 5, 1962, Valentin Ouano made his "Final Proof" before
Land Inspector Lorenzo Sazon pursuant to Section 14, Commonwealth Act No. 141, as
amended.

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 The following year, or on March 4, 1963, an order for the issuance of patent was issued by
the Bureau of Lands.
On April 15, 1963, an "Original Certi cate of Title No. P-15353" was issued to private
respondent Valentin Ouano over Homestead Patent No. 181261 which was transcribed in
the "Registration Book" for the province of Davao on October 28, 1963. 3

On January 4, 1975, after 19 years of possession, cultivation and income derived from
coconuts planted on Lot No. 986, private respondent Valentin Ouano was interrupted in his
peaceful occupation thereof when a certain Arcadio Ybañez and his sons, Melquiades,
Abdula, Eugenio, Numeriano, Apolonio and Victoriano, forcibly and unlawfully entered the
land armed with spears, canes and bolos.
Because of the unwarranted refusal of Arcadio Ybañez, et al. to vacate the premises since
the time he was dispossessed in 1975, private respondent Valentin Ouano led on
September 24, 1978 a complaint for recovery of possession, damages and attorney's fees
before the then Court of First Instance (now RTC) of Davao Oriental against Arcadio,
Melquiades, Abdula, Eugenio, Numeriano, Apolonio, Victoriano and Servando, all surnamed
Ybañez, 4 docketed as Civil Case No. 671, seeking to enjoin the Ybanezes from further
harvesting the coconuts therefrom and restore to him the peaceful possession and
occupation of the premises. In his complaint, Valentin Ouano, then plaintiff therein, alleged
that he has been in lawful and peaceful possession since 1956 of a parcel of land
designated as Lot No. 986, Pls-599-D situated in Bagsac, Manikling, Governor Generoso
(now San Isidro), Davao Oriental, to which an Original Certi cate of Title No. P-(15353)-P-
3932 was issued in his name; that petitioners, then defendants therein, unlawfully entered
his land on January 4, 1975 and started cultivating and gathering the coconuts, bananas
and other fruits therein, thereby illegally depriving him of the possession and enjoyment of
the fruits of the premises. LLpr

Petitioners, on the other hand, alleged that plaintiff Valentin Ouano, now private
respondent, has never been in possession of any portion of Lot No. 986 as the same has
been continuously occupied and possessed by petitioners since 1930 in the concept of
owner and have introduced valuable improvements thereon such as coconuts and houses;
that Lot No. 986 was the subject matter of administrative proceedings before the Bureau
of Lands in Mati, Davao Oriental which was consequently decided in their favor by the
Director of Lands on the nding that Valentin Ouano has never resided in the land; that it
was declared by the Director of Lands that the homestead patent issued to private
respondent Valentin Ouano was improperly and erroneously issued, since on the basis of
their investigation and relocation survey, the actual occupation and cultivation was made
by petitioner Arcadio Ybañez and his children, consisting of 9.6 hectares which cover the
whole of Lot No. 986 and portions of Lot Nos. 987, 988 and 989; that based on the ocular
inspection conducted, it was established that Valentin Ouano did not have a house on the
land and cannot locate the boundaries of his titled land for he never resided therein. 5
The trial court, after hearing, rendered on June 8, 1981 its decision 6 in favor of private
respondent, the dispositive portion of which reads as follows:
"WHEREFORE, in view of all the foregoing, judgment is hereby rendered as
follows:
"1 — The defendants are ordered to vacate the premises of Lot 986, PLS-599-D,
situated at Sitio Bagsac, Manikling, San Isidro, Governor Generoso and to return
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 the possession thereof to the plaintiff Valentin Ouano together with all the
improvements therein;
"2 — To pay unto the plaintiff the sum of P12,000.00, the proceeds of the sale of
copra from January 4, 1975 to the present;
"3 — To pay attorney's fees of P7,500.00;

"4 — To desist from entering the property again after they have turned it over to
plaintiff; and

"5 — To pay the costs of this suit." 7

Petitioners appealed to the Intermediate Appellate Court.

On June 29, 1984, the Intermediate Appellate Court, First Civil Cases Division promulgated
a decision, 8 af rming the decision of the trial court, with the modi cation that the award
of P12,000.00 representing the proceeds of the land from January 24, 1975 was reduced
to P10,000.00 and the amount of P7,500.00 as attorney's fees was fixed at P5,000.00. 9
Hence the instant recourse by petitioners.
At the outset, it must be noted that in assailing the appellate court's decision which
af rmed that of the trial court, petitioners relied on the Order dated July 19, 1978 issued
by the Director of the Bureau of Lands resolving the protest led by them on January 3,
1975, later amended on February 6, 1975, against the Homestead Application No. 20-
107001 of Valentin Ouano over Lot No. 986, Pls-599-D, docketed as B.L. Claim No. 2809,
D.L.O. Confect No. (XI-7)102.
Petitioners claimed that the complaint for recovery of possession, damages and
attorney's fees against them should have been dismissed by the trial court for failure of
private respondents, as patentee-respondent in the protest case before the Bureau of
Lands, to exhaust administrative remedies which is tantamount to a lack of cause of action
under Section 1, Rule 16 of the Rules of Court; that the decision or order on a question of
fact by the Bureau of Lands that Patent No. 101201 issued to private respondent was
improperly and erroneously issued should have been respected by the trial court and the
appellate court; that the indefeasibility of a certi cate of title must not be a sword for an
offense nor should it be allowed to perpetrate fraud. LLphil

We find the contentions unmeritorious.

It was erroneous for petitioners to question the Torrens Original Certi cate of Title issued
to private respondent over Lot No. 986 in Civil Case No. 671, an ordinary civil action for
recovery of possession led by the registered owner of the said lot, by invoking as
af rmative defense in their answer the Order of the Bureau of Lands, dated July 19, 1978,
10 issued pursuant to the investigatory power of the Director of Lands under Section 91 of
Public Land Law (C.A. 141 as amended). Such a defense partakes of the nature of a
collateral attack against a certi cate of title brought under the operation of the Torrens
system of registration pursuant to Section 122 of the Land Registration Act, now Section
103 of P.D. 1259. The case law on the matter does not allow a collateral attack on the
Torrens certi cate of title on the ground of actual fraud. 11 The rule now nds expression
in Section 48 of P.D. 1529 otherwise known as the Property Registration Decree.
The certi cate of title serves as evidence of an indefeasible title to the property in favor of
the person whose name appears therein. After the expiration of the one (1) year period
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 from the issuance of the decree of registration upon which it is based, it becomes
incontrovertible. 12 The settled rule is that a decree of registration and the certi cate of
title issued pursuant thereto may be attacked on the ground of actual fraud within one (1)
year from the date of its entry and such an attack must be direct and not by a collateral
proceeding. 1 3 The validity of the certi cate of title in this regard can be threshed out only
in an action expressly filed for the purpose. 1 4
It must be emphasized that a certi cate of title issued under an administrative proceeding
pursuant to a homestead patent, as in the instant case, is as indefeasible as a certi cate of
title issued under a judicial registration proceeding, provided the land covered by said
certificate is a disposable public land within the contemplation of the Public Land Law. 1 5
There is no speci c provision in the Public Land Law (C.A. No. 141, as amended) or the
Land Registration Act (Act 496), now P.D. 1529, xing the one (1) year period within which
the public land patent is open to review on the ground of actual fraud as in Section 38 of
the Land Registration Act, now Section 32 of P.D. 1529, and clothing a public land patent
certi cate of title with indefeasibility. Nevertheless, the pertinent pronouncements in the
aforecited cases clearly reveal that Section 38 of the Land Registration Act, now Section
32 of P.D. 1529 was applied by implication by this Court to the patent issued by the
Director of Lands duly approved by the Secretary of Natural Resources, under the signature
of the President of the Philippines in accordance with law. The date of issuance of the
patent, therefore, corresponds to the date of the issuance of the decree in ordinary
registration cases because the decree nally awards the land applied for registration to
the party entitled to it, and the patent issued by the Director of Lands equally and nally
grants, awards, and conveys the land applied for to the applicant. 16 This, to our mind, is in
consonance with the intent and spirit of the homestead laws, i.e. conservation of a family
home, and to encourage the settlement, residence and cultivation and improvement of the
lands of the public domain. If the title to the land grant in favor of the homesteader would
be subjected to inquiry, contest and decision after it has been given by the Government
thru the process of proceedings in accordance with the Public Land Law, there would arise
uncertainty, confusion and suspicion on the government's system of distributing public
agricultural lands pursuant to the "Land for the Landless" policy of the State.cdll

In the instant case, the public land certi cate of title issued to private respondent attained
the status of indefeasibility one (1) year after the issuance of patent on April 15, 1963,
hence, it is no longer open to review on the ground of actual fraud. Consequently, the ling
of the protest before the Bureau of Lands against the Homestead Application of private
respondent on January 3, 1975, or 12 years after, can no longer re-open or revise the public
land certi cate of title on the ground of actual fraud. No reasonable and plausible excuse
has been shown for such an unusual delay. The law serves those who are vigilant and
diligent and not those who sleep when the law requires them to act. 1 7
In rendering judgment restoring possession of Lot No. 986 to private respondent Ouano,
the duly registered owner thereof, the trial court merely applied the rule and jurisprudence
that a person whose property has been wrongly or erroneously registered in another's
name is not to set aside the decree, but, respecting the decree as incontrovertible and no
longer open to review, to bring an ordinary action in the ordinary court of justice for
reconveyance or, if the property has passed into the hands of an innocent purchaser for
value, for damages. 1 8

Although petitioners may still have the remedy of reconveyance, assuming that they are the
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 "owners" and actual occupants of Lot No. 986, as claimed by them before the trial court,
this remedy, however, can no longer be availed of by petitioners due to prescription. The
prescriptive period for the reconveyance of fraudulently registered real property is ten (10)
years reckoned from the date of the issuance of the certificate of title. 1 9
While there is no dispute that the Director of Lands has the authority to conduct an
investigation of any alleged fraud in securing a homestead patent and the corresponding
title to a public land notwithstanding the status of indefeasibility attached to the certificate
of title of private respondent, and such investigation cannot be enjoined by a writ of
prohibition, it must be observed however, that whatever may be the result of the factual
nding in this administrative proceedings under Section 91 of the Public Land Law is not
decisive of the issue as to who has a better right of possession (possession de jure) over
Lot No. 986 in Civil Case No. 671. The action instituted by private respondent before the
trial court partakes of the nature of an accion publiciana which is basically intended for the
recovery of possession, and is a plenary action in an ordinary civil proceeding before a
Court of First Instance (now RTC). 2 0
On the other hand, in the case of the administrative investigation under Section 91 of the
Public Land Law, the sole and only purpose of the Director of Lands is to determine
whether or not fraud had been committed in securing such title in order that the
appropriate action for reversion may be led by the Government. 2 1 It is not intended to
invalidate the Torrens certi cate of title of the registered owner of the land. Unless and
until the land is reverted to the State by virtue of a judgment of a court of law in a direct
proceedings for reversion, the Torrens certi cate of title thereto remains valid and binding
against the whole world. cdll

In resolving the basic issue of an accion publiciana, the trial court acted within its sphere of
competence and has correctly found that private respondent Ouano has a better right of
possession over Lot No. 986 than petitioners who claimed to own and possess a total of
12 hectares of land including that of Lot No. 986. Records indicate that petitioners have
not taken any positive step to legitimize before the Bureau of Lands their self-serving claim
of possession and cultivation of a total of 12 hectares of public agricultural land by either
applying for homestead settlement, sale patent, lease, or con rmation of imperfect or
incomplete title by judicial legalization under Section 48(b) of the Public Land Law, as
amended by R.A. No. 1942 and P.D. 1073, or by administrative legalization (free patent)
under Section 11 of Public Land Law, as amended. What was clearly shown during the trial
of the case was that petitioners wrested control and possession of Lot No. 986 on
January 4, 1975, or one (1) day after they led their belated protest on January 3, 1975
before the Bureau of Lands against the homestead application of private respondent, thus
casting serious doubt on their claim of prior possession and productive cultivation. cdll

What is more, it was only in 1975 that petitioners came to know and realize that they do
not have actual possession of the so-called 12 hectares because, as testi ed by Ernesto
Domanais, son-in-law of Arcadio Ybañez, three (3) hectares of their land were found to be
in possession of a certain Rodolfo Beneguian; and that petitioners did not object when
said portion of land was removed from their occupation thereby reducing their purported
claim of 12 hectares to only nine (9) hectares. 22 It is relatively easy to declare and claim
that one owns and possesses a 12-hectare public agricultural land, but it is entirely a
different matter to af rmatively declare and to prove before a court of law that one
actually possessed and cultivated the entire area to the exclusion of other claimants who
stand on equal footing under the Public Land Law (C.A. 141, as amended) as any other
pioneering claimants.
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 WHEREFORE, the petition is DENIED for lack of merit. The decision of the Intermediate
Appellate Court, now Court of Appeals, dated June 29, 1984, is hereby affirmed. No costs.
SO ORDERED.
Gutierrez, Jr., Feliciano, Bidin and Davide, Jr., JJ., concur.

Footnotes

1. Exhibit "A", Records.

2. Exhibit "C", Records.
3. Exhibit "F", Records.
4. Rollo, pp. 29-32.

5. Rollo, pp. 39-40.

6. Rollo, pp. 21-28.
7. Rollo, p. 28.
8. Associate Justice Ma. Rosario Quetulio-Losa, ponente, Associate Justices Ramon Gaviola,
Jr. and Eduardo P. Caguioa, concurring (Rollo, pp. 18-20).
9. Rollo, pp. 18-20.
10. Rollo, pp. 39-40.

11. Magay, et al. v. Estiandan, 69 SCRA 456 (1976); Legarda and Prieto v. Saleeby, 31 Phil. 590;
Director of Lands v. Gan Tan, 89 Phil. 184; Samonte, et al. v. Sambilon, et al., 107 Phil.
198.
12. Section 38, Land Registration Act, now Section 32, P.D. 1259; Pamintuan v. San Agustin, 43
Phil. 558; Reyes, et al. v. Director of Lands, et al., 50 Phil. 791.
13. Section 48, P.D. 1529; Legarda, et al. v. Saleeby, supra.

14. Venancia Magay v. Eugenio Estiandan, G.R. L-28975, February 27, 1976, supra.
15. El Hogar Filipino v. Olviga, et al., 60 Phil. 17 (1934); De los Reyes v. Razon, 38 Phil. 480
(1918).

16. Sumail v. Judge of the CFI of Cotabato, et al., 96 Phil. 946 (1955).
17. Vda. de Alberto v. Court of Appeals, 173 SCRA 436 (1989).
18. Gonzales v. Intermediate Appellate Court, GR No. 69622, January 29, 1988, 157 SCRA 587;
Director of Lands, et al. v. Register of Deeds, et al., 92 Phil. 826 (1953).
19. Caro v. Court of Appeals, G.R. No. 76148, December 20, 1989, 180 SCRA 401.
20. Roman Catholic Bishop of Cebu v. Mangaron, 6 Phil. 286.
21. Pinero v. Director of Lands, 57 SCRA 386.

22. TSN, January 14, 1981; Records, pp. 24, 32-37.

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