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MEMORANDUM

FOR:

ATTY. ARLEEN T. REYES Senior State Solicitor

FROM:

VANESSA A. SANCHEZ Legal Intern

RE:

Petition for the Reconstitution and Issuance of Original Certificate of Title No. P- !" in the na#e of Lucia Sal$ador P-%%%-&'('

)*TE:

*+ril (!, &'(& Question Presented Petitioner, Lucia Sal$ador, see-s for the reconstitution and issuance of Original

Certificate of Title No. P-

!" in her na#e filed on Se+te#.er ", &'('. The +etition !"

alleged that Sal$ador is the registered o/ner of the land co$ered .0 OCT No. P-

located in 1uisan, 1ustos 1ulacan. The said lot /as allegedl0 ac2uired .0 +etitioner fro# *rcadia Martin as e$idenced .0 a )eed of *.solute Sale. Petitioner has also attached real +ro+ert0 ta3 recei+ts and ta3 declarations in her +etition. Petitioner /as una.le to +resent the o/ner4s du+licate of certificate of title. In her +etition, she stated that so#eti#e in ( 55, she tried to retrie$e the title fro# /here she -e+t it, .ut she could not find it an0#ore. She tried to loo- for it in other +laces .ut to no a$ail. She considered it lost and e3ecuted an *ffida$it of Loss. The co+0 of the certificate of title in the office the Register of )eeds of 1ulacan is also not a$aila.le. The Register of )eeds of 1ulacan issued a certification dated *ugust &6, &'((, stating that the office of the Register of )eeds, Malolos, 1ulacan, together /ith all the docu#ents, office e2ui+#ent and su++lies ha$e

.een totall0 .urned during the fire or conflagration on March ", ( +etition +ro+er7

". Is the grant of the

Short Answer No. The trial court did not ac2uire 8urisdiction o$er the case due to the failure of the +etitioner to strictl0 co#+l0 /ith the #andator0 and 8urisdictional re2uire#ents +rescri.ed in Section (& and (6 of Re+u.lic *ct No. &9.

Dis ussion In the +resent case, the Court #ade a++lica.le Section &, +aragra+h :f; of R.*. No. &9 in granting the +etition. The source of the +etition .eing those #entioned in Section & +aragra+h :f; of R.*. No. &9 or docu#ents /hich in the 8udg#ent of the court, is sufficient and +ro+er .asis of reconstitution, the +etition #ust strictl0 co#+l0 /ith Section (& and (6 of the sa#e *ct. *ccording to Section (&, the +etition for reconstitution shall state or contain, a#ong other things, the follo/ing: :a; that the o/ner4s du+licate of the certificate of title had .een lost or destro0ed< :.; that no co-o/ner4s #ortgagee4s or lessee4s du+licate had .een issued, or, if an0 had .een issued, the sa#e had .een lost or destro0ed< :c; the location, area and .oundaries of the +ro+ert0< d; the nature and descri+tion of the .uildings or i#+ro$e#ents, if an0, /hich do not .elong to the o/ner of the land, and the na#es and addresses of the o/ners such .uildings or i#+ro$e#ents<

:e; the na#es and addresses of the occu+ants or +ersons in +ossession of the +ro+ert0, of the o/ners of the ad8oining +ro+erties and all +ersons /ho #a0

ha$e an0 interest in the +ro+ert0< :f; a detailed descri+tion of the encu#.rances, if an0, affecting the +ro+ert0< and :g; a state#ent that no deeds or other instru#ents affecting the +ro+ert0 ha$e .een +resented for registration, or, if there .e an0, the registration thereof has not .een acco#+lished, as 0et. Section (6 of R.*. No. &9 #andates the court to issue a notice of the +etition for reconstitution notice: :a; to .e +u.lished t/ice in successi$e issues of the Official =a>ette at the e3+ense the +etitioner< /hich shall state essential infor#ation. The court shall cause the said

of

:.; to .e +osted on the #ain entrance of the +ro$inicial .uilding and of the #unici+al .uilding of the #unicia+lit0 or cit0 in /hich the land is situated< and :c; to .e sent .0 registered #ail or other/ise, at the e3+ense of the +etitioner to e$er0 +erson na#ed in the said notice. It is /ell-settled that re2uire#ents in Sections (& and (6 of R.*. No. &9 are

#andator0 and 8urisdictional. Sal$ador4s +etition dated Se+te#.er 9, &'(' co#+lied /ith ite#s :a;, :.;, :f; and :g; of Section (&. In +aragra+h ! of the +etition, she alleged the loss of his co+0 of the certificate of title issued to her in ( 5'< +aragra+h 9 declared that no coo/ner4s co+0 or other du+licates of said certificates of title had .een issued< and +aragra+h 5 stated that the +ro+ert0 is free fro# all liens and encu#.rances of an0 -ind /hatsoe$er and that there e3ists no deeds or instru#ents affecting +ro+ert0 /hich ha$e .een +resented for and +ending registration /ith the Register of )eeds. There /as su.stantial co#+liance /ith ite# :c;: the location of the +ro+ert0 is #entioned in +aragra+h &< /hile the .oundaries of the +ro+ert0, although not s+ecificied in the +etition, refer to an anne3 attached to the +etition. The +etition did not #ention an0thing +ertaining to ite# :d;. There /as failure, ho/e$er, to full0 co#+l0 /ith ite# :e;. Petitioner did not state in her

+etition the na#es and addresses of the occu+ants or +ersons in +ossession of the +ro+ert0. No/here in the +etition can .e inferred that +etitioner Sal$ador /as the occu+ant or +ossessor of the +ro+ert0. In fact, her ne+he/ Noli Sal$ador, one of the su.stituted +etitioners, in his testi#on0 #entioned that Lucia4s +er#anent address is in Parana2ue. She onl0 #entioned the na#es and addresses of the o/ners of ad8oining +ro+erties in +aragra+h " of the +etition. Further, the +etition failed to full0 co#+l0 /ith the re2uire#ents in Section (6. No +roof /as +resented sho/ing that notices /ere sent .0 registered #ail or other/ise to the o/ners of ad8oining +ro+erties na#ed in the +etition :1asilia Martin, Manuela dela Cru> and Ti.urcio Martin;. In Re+u.lic $s. Marasigan(, citing )irector of Lands $s. Court of *++eals, et.al &, the Court re-affir#ed the rule that the re2uire#ents in Section (& and (6 of R. *. No. &9 are #andator0 and 8urisdictional and non-co#+liance /ould render all +roceedings utterl0 null and $oid. In Castillo $s. Re+u.lic6, the court held that defects in the +etition for reconstitution cannot .e si#+l0 dis#issed as ?technical@. It further stated in its decision that li.eral construction of the rules does not a++l0 to land registration cases. In all cases /ere the authorit0 of the courts to +roceed is conferred .0 a statute, and /hen the #anner of o.taining 8urisdiction is +rescri.ed .0 a statute, the #ode of +roceeding is #andator0, and #ust .e strictl0 co#+lied /ith, or the +roceeding /ill .e utterl0 $oid.
%

Con !usion Our 8uris+rudence is re+lete /ith rulings regarding the #andator0 character of the re2uire#ents of R.*. No. &9. The non-co#+liance /ith the re2uire#ents +rescri.ed in
1 Re+u.lic $s. Marasigan, ( 5 SCR* &( :( (; 2 )irector of Lands $s. Court of *++eals, et.al, ('& SCR* 6"', %6% :( 5(; 3 Castillo $s. Re+u.lic, =.R. No. (5& 5' :&'((; 4 Calte3, et al. $s. CIR, et al., &6 SCR* % & :( 95;

Sections (& and (6 of R.*. No. &9 is fatal. Aence, the trial court did not ac2uire 8urisdiction o$er the +etition for reconstitution.