Velayo vs Ordoveza, et al.,102 Phil 395

*Hey, i got this digest on line. I cant find the original kasi. Sorry.*Facts: After publication of the corresponding notice, the City Treasurer of Manila sold, at public auction, to Ricardo Velayo for the sum of P185.95, representing the amount due by way of unpaid real estate taxes, plus penalty and costs, on the property owned by the Ordovezas. When Fernando Ordoveza tried to pay the real estate tax thereon, he was advised of the sale. He was surprised to hear about it, for he had not received any previous notice thereof or read in the newspapers about the public auction to be held in connection therewith. It appears that the description in said deed of sale is different from the description appearing in Transfer Certificate of Title No. 79178, the property in question.

ISSUE:

Is the sale of such property valid?

HELD:

NO. The owner of property registered under the Torrens System is justified in relying upon the description given in his certificate of title as the one officially identifying said property. The sale for non-payment of tax of the property with a description distinct and different from that which appears in its certificate of title can not be sanctioned without impairing the full faith and credence which the title is meant to command and, hence, affects the essence of the Torrens System.