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Grey Alba vs Dela Cruz, 17 Phil 61; GR No.

5246, September 16, 1910 (Land Titles and Deeds Registration under the Torrens system is a proceeding in rem)

Facts: Petitioner heirs sought the registration of two parcels of agricultural land and the court entered a decree directing the registration in favor of the petitioners, as co-owners subject to the usufructuary rights if the widower of the petitioners sister. Respondent tenant filed a motion for the revision of the case upon the ground that he is the absolute owner of the disputed lands, having inherited them from his father, who had a state grant for the same.

Issue: WON modification of the decree as to exclude said land will prosper.

Held: No, the main principle of registration is to make registered titles indefeasible. Upon the presentation in court if an application for the registration of the title to lands, the theory under the Torrens system is that all occupants, adjoining owners, adverse claimants, and other interested persons are notified of the proceedings, and have a right to appear in opposition to such application. In other words, the proceeding is against the world.

A proceeding is in rem when the object of the action is to bar indifferently all who might be minded to make an objection of any sort against the right sought to be established, and if anyone in the world has a right to be heard on the strength of alleging facts which, if true, show an inconsistent interest.

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