Malicious registration of the property in the name of another

Dear PAO,

About a year ago, I bought a parcel of land from my friend and signed a Deed of Absolute Sale relative to the said transaction. I immediately paid the full purchase price, and pursuant to our agreement, the title will be transferred to my name. However, I found out last month that the title was transferred to his son's name just a few weeks after I paid the price in full, notwithstanding the fact that they were both aware of our agreement. What can I do to cancel the said title and transfer it to my name?

Marcus

Dear Marcus,

Please be informed that Sections 31 and 48 of Presidential Decree 1529, otherwise known as the «Property Registration Decree,» provide:

«Section 31. Decree of registration. Every decree of registration issued by the Commissioner shall bear the date, hour and minute of its entry, and shall be signed by him. It shall state whether the owner is married or unmarried, and if married, the name of the husband or wife: Provided, however, that if the land adjudicated by the court is conjugal property, the decree shall be issued in the name of both spouses. If the owner is under disability, it shall state the nature of disability, and if a minor, his age. It shall contain a description of the land as finally determined by the court, and shall set forth the estate of the owner, and also, in such manner as to show their relative priorities, all particular estates, mortgages, easements, liens, attachments, and other encumbrances, including rights of tenant-farmers, if any, to which the land or owner's estate is subject, as well as any other matters properly to be determined in pursuance of this Decree.

»The decree of registration shall bind the land and quiet title thereto, subject only to such exceptions or liens as may be provided by law. It shall be conclusive upon and against all persons, including the National Government and all branches thereof, whether mentioned by name in the application or notice, the same being included in the general description «To all whom it may concern xxx

»Section 48. Certificate not subject to collateral attack. A certificate of title shall not be subject to collateral attack. It cannot be altered, modified, or