Professional Documents
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In a recent 30-page decision, the SC 2nd Division reinstated the Court of Appeals
(CA) original February 2005 ruling in favor of spouses Yu Hwa Ping and Mary Gaw as
well as the heirs of the spouses Andres Diaz and Josefa Mia.
To allow these certificates of title in the registration books, even though these
were sourced from invalid surveys, would tarnish and damage the Torrens system of
registration, rather than uphold its integrity, read the decision penned by
Associate Justice Jose Catral Mendoza.
Such errors in the surveys made during the American occupation include the fact
that an even earlier survey already covered the land under Psu-47909, Psu-80886 and
Psu-80886/SWO-20609.
Yet, the three surveys were made by three different surveyors all covering the same
tract of land despite indicating different locations.
Also, Psu-80886 issued July 28, 1930 referred to a monument established only on
November 27, 1937.
The SC also took the creation of Psu-80886/SWO-20609 to amend the second survey as
an admission that it was defective.
On the other hand, the earlier Psu-25909 was deemed to bear all the hallmarks of
verity because it was signed by the surveyor and the director of lands and did not
contain erasures or alterations.