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OWNERSHIP

A Torrens title cannot be attacked collaterally, and the issue on its validity can be
raised only in an action expressly instituted for that purpose. A collateral attack is
made when, in another action to obtain a different relief, the certificate of title is
assailed as an incident in said action. Spouses Decaleng only sought the dismissal
of the complaint of PEC-EDNP plus the grant of their counterclaim for the payment
of moral damages, exemplary damages, litigation expenses, and attorneys fees.
They conspicuously did not pray for the annulment or cancellation of Certificate of
Title No. 1. Evidently, the Spouses Decalengs attack on the validity, as well as the
existence of Certificate of Title No. 1 is only incidental to their defense against the
accion publiciana and accion reinvindicatoria instituted by PEC-EDNP, hence, merely
collateral. - Sps. Ambrosio Decaleng (substituted by his heirs) and Julia "Wanay"
Decaleng vs. Bishop of the Missionary District of the Philippine Islands of Protestant
Episcopal Church in the United States of America, otherwise known as the Philippine
Episcopal Church, G.R. No. 171209, June 27, 2012

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