Torrens Title System - Phillipines OCT/TCT

In the Feb 20th 2006 edition of the Philippine Daily Enquirer, the case of Araneta Institute of Agriculture (AIA) is highlighted. The Institute, known today as De La Salle-Araneta University, bought a piece of land in 1947 on the OCT (Original Certificate of Title).

The problem is that after 32 years -- 1979 -- a man came and claimed that the land belonged to him, and that AIA was illegally occupying the land. By 1979, the land had already been well developed. This man, Jose B. Dimson, claimed to hold an authentic OCT as well.

The issue is that the AIA land was subdivided from a 1917 OCT, and there are today many TCT's (Transfer Certificate of Title) derived from the same 1917 OCT. Whose is genuine? Dimson's or AIA's? If Dimson's claim is correct, then all titles derived from the 1917 OCT are fakes.

The might n purport of the judgment (potential corollary damage) is stated in the same article:

One thing is sure: this case involves a huge property and so many people and entities. If AIA loses its appeal, its case will be the third precedent case affirming that OCT 994 of May 3, 1917 is not real. Anyone holding a TCT (Transfer Certificate of Title) from this OCT will, in essence, be considered by the courts to be holding a fake title.

Well, is there anyone else holding such TCTs? Yes, among them: the national government-450 hectares (covered by 1,254 land titles), and within its ambit are roads, national highways, portions of the North Expressway, Edsa, the Bonifacio Monument, public markets and other public areas; private/business owners-1,210 hectares (covered by thousands of land titles), which cover property occupied by the Manila Central University, University of the East, Eternal Garden Memorial, Ever Grand Central, Sony Corporation, Mojica Properties, to name a few.

Indeed, the implications of this case are far too wide and virtually all-embracing that its resolution requires no less than a Supreme Court of the Philippines sitting en banc. This certainly is one question that deserves the determination by the whole, not just a division, of our highest court.

Source: http://news.inq7.net/opinion/index.php?index=2&story_id=66744&col=111

Now, can someone tell me why Malaysian editorials do not press for the same degree of judicial activism?