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4)

In the case of Ybanez vs. IAC, 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.Therefore, Ruben's claim of fraud on the part of Evelyn in obtaining the
title is without merit.

5)
No.
Under the law citing the case of Blas vs. De la Cruz, the general purpose of
the Torrens system is to forever foreclose litigation concerning the title to land.
Every decree of registration shall bind the land, and quiet title thereto, subject only
to the exceptions stated by the law. The decree of registration shall be conclusive
upon and against all persons, unless fraud is proved within a period of one year
after said decree is rendered (section 38 of Act No. 496).
Section 39 of said Act (No. 496), as amended by Act No. 2011, makes certain
exceptions to the rule just stated. Section 39, as amended, provides that, "every
applicant receiving a certificate of title in pursuance of a decree of registration . . .
shall hold the same free of all incumbrance except those noted on said certificate,
and any of the following incumbrances which may be subsisting, namely:
First. Liens, claims, or rights arising or existing under the laws or Constitution of the
United States or of the Philippines Islands which the statutes of the Philippine
Islands can not require to appear of record in the registry.
Second. Taxes within two years after the same have become due and payable.
Third. Any public highway, way, private way established by law, or any Government
irrigation canal or lateral therefor, where the certificate of title does not state that
the boundaries of such highway, way, or irrigation canal or lateral thereof, have
been determined.
But if there are easements or other rights appurtenant to a parcel of
registered land which for any reason have failed to be registered, such easements
or rights shall remain so appurtenant notwithstanding such failure, and shall be held
to pass with the land until cut off or extinguished by the registration of the servient
estate, or in any other manner.
In the present case, Flordeliza already lost her right to recover the properties
when she failed to assert her rights to recover them during the pendency of the
proceedings. Thus, she can no longer claim the buildings and improvements as her
property nor prevent the decreed owner, Beverly from removing or destroying the
said properties for her failure to assert her rights during the proceedings defeated
her right to the said properties.

6)
B.
That the instrument evidencing the transaction be presented to the
court for appropriate consideration.

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