Practice question
In an action concerning an unrelated debt, a litigant asks the court to cancel another party's certificate of title merely as an incidental matter. No direct proceeding seeking legally authorized cancellation has been brought. The litigant argues that any pending lawsuit permits cancellation. Which conclusion follows from Section 48?
- Any lawsuit automatically permits cancellation.
- Section 48 bars a collateral attack; alteration, modification or cancellation requires a direct proceeding in accordance with law.
- A private debt automatically invalidates the title.
- A certificate can never be challenged in any proceeding.
- The litigant may personally erase the registry entry.
Legal references
- https://lawphil.net/statutes/presdecs/pd1978/pd_1529_1978.html — PD 1529, Section 48.
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