JURISPRUDENCE ON LAND LAWS

Public Land REGALIAN DOCTRINE; Under the Regalian Doctrine, all Act lands of the public domain belong to the tate, and the ( CA 141) tate is the source of an! asserted right to o"nership in land and charged "# the conser$ation of such patrimon!% &his same doctrine states that all lands not other"ise appearing to be clearl! "#in pri$ate o"nership are PR' U('D to belong to the tate% &o o$ercome such presumption, )*C+*&R+,'R&)-L' ',)D'*C' must be sho"n b! the applicant that the land sub.ect of the application, is alienable or disposable% CLASSIFICATION OF PUBLIC LANDS; FOREST LAND; &he sub.ect land "as classified as timber land under LC Pro.ect *o% 167- of an *arciso, 8ue9on, as sho"n in the -: (ap *o% LC71145; hence, inalienable and not sub.ect to registration% Same; Same; &he classification of forest land, or an! land for that matter, is descripti$e of its L'0AL *A&UR' +R &A&U , and does not ha$e to be descripti$e of "hat the land actuall! loo/s li/e% A forested area classified as forest land of the public domain does not lose such classification simpl! because loggers or settlers ma! ha$e stripped it of its forest co$er% (oreo$er, the original te<t of ection 44 (b), Chapter ,))) of the Public Land Act, "#c too/ effect on Dec% 1, 12=2, e<pressl! pro$ided that onl! agricultural land of the public domain is sub.ect to ac>uisiti$e prescription% DECLASSIFICATION OF PUBLIC LANDS; )n the case at bar, there "as no e$idence sho"ing that the land has been reclassified as disposable or alienable% -efore an! land ma! be declassified as disposable or alienable from forest group and con$erted into alienable or disposable land for agricultural or other purposes, there must be a P+ )&),' AC& from the go$ernment% '$en rules on the confirmation of imperfect titles do not appl! unless and until the land classified as forest land is released in an official proclamation to that effect so that it ma! form part of the disposable agricultural lands of the public domain% Declassification of forest land is an e<press and positi$e act of the go$ernment% )t cannot be presumed% *either should it be ignored nor deemed "ai$ed% ACQUISITION OF PUBLIC LAND; CA 141 go$erns in the initial determination of "ho has a superior right to ac>uire public land% &he Lands (anagement -ureau sub.ect to the authorit! of the ec% of D'*R, is $ested "# direct control of the sur$e!, classification, lease, sale or an! other form of concession or disposition and management of lands of the public domain% )ts decision as to >uestion of fact is conclusi$e, "hen appro$ed b! the ec% of D'*R% HOMESTEAD PATENT; A Certificate of &itle issued under an administrati$e proceeding pursuant to a homestead patent is A )*D':'A )-L' as a Certificate of &itle issued under .udicial registration proceeding% Same; &he date of the issuance of the patent corresponds to the date of the issuance of the decree in ordinar! cases% ?ust as the decree finall! a"ards the land applied for registration to the part! entitled to it, so also, the patent issued b! the Director of Lands e>uall! and finall! grants Pag/atipunan $% CA, 0R 112341, (arch 11, 1551%

Pag/atipunan $% CA, 0R 112341, (arch 11, 1551% Pag/atipunan $% CA, 0R 112341, (arch 11, 1551%

Pag/atipunan $% CA, 0R 112341, (arch 11, 1551%

Ce$iles $% -autista, 0R 151344, *o$% 14, 1222%

Da$id $% (ala!, 0R 1=1344, *o$% 12, 1222% Da$id $% (ala!, 0R 1=1344, *o$% 12, 1222%

and con$e!s the land applied for to the applicant% CONVEYANCE; A transfer of the sub.ect lot b! the father to his son is not the @con$e!anceA contemplated in ection 112 because sub.ect lot remains in the famil! of the homesteaders, the transferees being their direct descendants% INDEFEASIBILITY OF TITLE; ACTION FOR RECONVEYANCE; Under the Land Registration Act (PD 1612), title to propert! co$ered b! a &orrens &itle becomes )*D'A:' )-L' after the e<piration of 1 !ear from the entr! of the decree of registration% Bhere the issuance "as A&&'*D'D -C :RAUD, such fraud created an implied trust in fa$or of the person defrauded there from and ga$e the right to file an action for recon$e!ance of the propert! "rongfull! obtained% RIGHT TO REPURCHASE; Sale of Land o T!"#d Pe#$on$; &he rec/oning of the 67!ear period to e<ercise the right to repurchase, is the date of con$e!ance referring to the date of the e<ecution of the deed transferring o"nership of the land to the bu!er% Same; Same; &he fi$e7!ear period to repurchase is counted from the date of con$e!ance that is the @alienation made to a third part! outside of the famil! circle%A REDEMPTION PERIOD; E% #a&'(d")"al Fo#e)lo$(#e of Home$ ead lo ; &he 67!ear redemption period fi<ed under ec% 112 of CA 141 begins from the da! after the e<piration of the one7!ear period of repurchase allo"ed in an e<tra7.udicial foreclosure% VOLUNTARY REGISTRATION; Re*"$ #a "on of Im+e#fe) T" le; Under the P(,l") Land A) , .udicial confirmation of imperfect title re>uired possession en concepto de dueEo since time immemorial, or since ?ul! 13, 1424% Under CA -.-, this re>mt% "as retained% Fo"e$er, on ?une 11, 126D, RA -/.0 "as enacted, amending CA 141, and pro$iding that ad$erse possession for a period of onl! =5 !ears "as sufficient% +n ?anuar! 16, 12DD, PD -123 "as issued, further amending CA 141, particularl! ecs% 44 (b) and (c), Chapter ,))), ma/ing them applicable +*LC to alienable and disposable lands of the public domain "#c ha$e been in open, continuous, e<clusi$e and notorious (+C'*) possession and occupation b! the applicant himself or thru his predecessor7in7interest under a bona fide claim of ac>uisition of o"nership, since ?une 11, 1246% Unless a public land is reclassified and declared as alienable and disposable, occupation thereof in the concept of an o"ner, no matter ho" long ago, cannot confer o"nership or possessor! rights% :ontanilla $% CA, 0R 112=41, *o$% 12, 1222% Da$id $% (ala!, 0R 1=1344, *o$% 12, 1222%

(ata $% CA, 0R 15=4D3, *o$% 14, 1222% :ontanilla $% CA, 0R 112=41, *o$% 12, 1222% De$% -an/ of the Phils% $% CA, 0R 111D=D, +ct% 1=, 1222% Public 'states Authorit! (P'A) $% CA, 0R 1111D1, *o$% 15, 1555; ps% 0erminiano $% Alros, 0R 1=661D, +ct% 12, 1555%

Same; Same; An applicant see/ing to establish o"nership id% of land must conclusi$el! sho" that he is the o"ner in fee simple, for the standing presumption is that all lands belong to the public domain of the tate, unless ac>uired from the go$ernment either b! purchase or b! grant, e<cept land possessed b! an occupant and his predecessors since time immemorial, for such land had ne$er been part of the public domain, or that it had been pri$ate propert! e$en before the panish con>uest%

Same; Same; &o pro$e that the land in >uestion formed part of the alienable and disposable lands of the public domain, petitioners relied on the printed "ords "#c readG @&his sur$e! plan is inside Alienable and Disposable Land Area, Pro.ect *o% 1D7- as per L%C% (ap *+% 1131=, certified b! the -ureau of :orestr! on ?anuar! =, 1234,A appearing on the ur$e! Plan% uch notation does not constitute a P+ )&),' 0+,'R*('*& AC& $alidl! changing the classification of the land in >uestion% ,eril!, a mere sur$e!or has no authorit! to reclassif! lands of the public domain% Same; Same; &he applicant must present specific acts of o"nership to substantiate the claim and cannot .ust offer general statements "#c are mere conclusions of la"% Same; Same; Actual possession of land consists in the manifestation of acts of dominion o$er it of such nature as a part! "ould naturall! e<ercise o$er his o"n propert!% &he bare assertion of the "itnesses that the applicant of the land had been in open, continuous and ad$erse possession of propert! for o$er =5 !ears is hardl! the "ell7 nigh incontro$ertible e$idence re>uired in cases of this nature% Same; Same; )n this case, the land in >uestion is admittedl! public% &he respondent has no title thereto at all% Fis claim of o"nership is based on mere possession b! himself and his predecessor7in7interests, "ho claim to ha$e been in +C'* possession of the land in >uestion, under a bona fide claim of o"nership for a period of at least 65 !ears% Fo"e$er, the sur$e! plan for the land "as appro$ed onl! in 1221 and respondent paid realt! ta<es thereon in +ct% 1221, shortl! before the filing of the suit belo" for damages "# in.unction%Fence, respondent must be deemed to begin asserting his ad$erse claim to Lot 6166 onl! in 1221% (oreo$er, Lot 6166 "as certified as alienable and disposable on (arch 1D, 12D1, per certificate of the D'*R% )t is ob$ious that respondentHs possession has not ripen into o"nership%

(engiuto $% Republic, 0R 1=4=54, Dec% 14, 1555%

Republic $% CA, 0R 1=51D4, ?ul! 14, 1555% Republic $% CA, 0R 116D4D, *o$% 15, 1555%

Public 'state Authorit! (P'A) $% CA, 0R 1111D1, *o$% 15, 1555%

INVOLUNTARY REGISTRATION; En #4 "n Da4 Boo5; Ce$iles in$oluntar! registration such as attachment, le$! upon -autista, e<ecution, lis pendens, and the li/e, entr! thereof in the supra% da! boo/ is U::)C)'*& *+&)C' to all persons of such ad$erse claim% &he eentr! alone produes the effect of registration% Propert! Registra7 tion Decree (PD 1612) COMPULSORY REGISTRATION; &he land co$ered b! compulsor! registration under the Cadastral Act and declared public land can no longer be the sub.ect of registration b! $oluntar! application under PD 1612% LAND REGISTRATION PROCEEDINGS; Mo "on o In e#6ene no allo7ed% A part! "ishing to be heard should as/ for the L):&)*0 of the order +: 0'*'RAL D':AUL&8 and then if lifted, file an +PP+ )&)+* to the application for registration% &his is so because proceedings in land registration are in rem and not in personam, the sole ob.ect being the registration applied for, not the determination of an! right connected "# the registration% Same; ince the land in >uestion is unregistrable, the land

$%

Republic $% CA, 0R 1=51D4, ?ul! 14, 1555% Dolfo $% Register of Deeds, 0R 1==436, ept% 16, 1555%

Pag/atipunan

registration court did not ac>uire .urisdiction o$er the same% Ant proceedings had or .udgment rendered therein is $oid and is not entitled to the respect accorded to a $alid .udgment% REPLACEMENT OF LOST DUPLICATE CERTIFICATE; No ")e o !e SOLGEN; *othing in the la" proceedings of this nature that re>uire notice to the olicitor 0eneral% )n contrast, ec% 1= of the la", in$ol$ing original registration proceedings re>uires the +L0'* to be notified of the petition% Fence, lac/ of notice to the +L0'*, as counsel for the Register of Deeds, is at most a formal and not a .urisdictional defect% Same; )n this case, "hat "as sought "as the issuance of another o"nerHs duplicate cop! of the certificate of title under the pro$isions of ec% 152 of PD 1612% )n a petition for the issuance of ane" o"nerHs duplicate cop! of a certificate of title in lieu of one allegedl! lost, the R&C, acting onl! as a land registration court, has no .urisdiction to pass upon the >uestion of actual o"nership of the land co$ered b! the lost o"nerHs duplicate cop! of the certificate of title% Same; Pri$ate respondent misrepresented that the o"nerHs duplicate cop! of the certificate of title "as lost "hen, in fact, it "as not% &he () R'PR' '*&A&)+* in this case, though not constituting e<trinsic fraud, is still an e$idence of A- '*C' +: ?UR) D)C&)+*% )f the o"nerHs duplicate cop! of a certificate of title has not been lost but is in fact in the possession of another person, the replacement title is $oid and the court rendering the decision did not ac>uire .urisdiction% Conse>uentl!, the decision ma! be attac/ed A*C &)('% POSSESSOR IN GOOD FAITH; Pri$ate respondent ,icente Cupangco is the o"ner of a unit in a condominium building in Legaspi treet, (a/ati Cit!, as e$idenced b! Certificate of &itle *o% D344% -ecause his aforesaid certificate could not be located, he filed in the Regional &rial Court, -ranch 1=3, (a/ati, a petition for the issuance of a ne" duplicate certificate of title in lieu of his lost cop!, pursuant to I152 of P%D% *o% 1612%

$% CA, 112341, (arch 1551%

0R 11,

Republic $% CA, 0R 1146=1, +ct% 13, 1222%

Re<lon Realt! 0roup $% CA, 0R 114411, (arch 16, 1551%

Re<lon Realt! 0roup $% CA, 0R 114411, (arch 16, 1551%

Republic $% CA, 0R 1146=1, +ct% 13, 1222%

NOTICE OF LIS PENDENS; a person bu!ing a propert! e$eses $% "# annotation of lis pendens in the title is not considered CA, 0R an innocent purchaser for $alue and in good faith% 1513D6, +ct% Cancellation of the notice should be done "# .udicial 1=, 1222% authorit!, other"ise it is $oid% Same; it pertains to all suits or actions "#c directl! affect real propert! and not onl! those "#c in$ol$e the >uestion of title, but also those "#c are brought to establish an e>uitable estate, interest, or right, in specific real propert! or to enforce an! lien, charge, or encumbrance against it% Same; +ne "ho deals "# propert! sub.ect of a notice of lis pendens cannot in$o/e the right of a purchaser in good faith% *either can he ac>uire better rights than those of his predecessors in interest% A purchaser cannot close his e!es to facts "#c should put a reasonable man on guard and claim he acted in good faith% Alberto $% CA, 0R 112544, ?une =5, 1555% ps% Ro! Po Lam $% CA, 0R 113115, +ct% 1=, 1222%

VALIDITY OF TITLE; PRESCRIPTION DOES NOT RUN Pag/atipunan AGAINST THE STATE; &he length! occupation of the $% CA, 0R

disputed land b! petitioner cannot be counted in their fa$or, and bars the go$ernment from >uestioning the $alidit! of the certificate of title issued to them% &he fact remain that the sub.ect propert! remained part of the patrimonial propert! of the tate, "#c propert!, is inalienable or indisposable% Same; GENERALLY8 NOT SUB9ECT TO COLLATERAL ATTAC:; E%)e+ "on; )n the instant case, the original complaint "as for reco$er! of possession filed b! petitioner against pri$ate respondent J not an original action to >uestion the $alidit! of the transfer certificate of title on "#c the petitioner bases its right% &o rule on the issue of $alidit! in a case for reco$er! of possession is tantamount to a collateral attac/ on the title% Fo"e$er, pri$ate respondent filed a counterclaim against petitioner, claiming o"nership of the land and see/ing damages% Fence the Court can rule on the >uestion of $alidit! of the transfer certificate of title for the counterclaim can be considered a direct attac/ on the same%

112341, (arch 1551%

11,

D-P $% CA, 0R 1124D1, April 14, 1555%

PERFECTION OF TITLE; ;O+en and Con "n(o($ antiago $% Po$$e$$"on;< Bhile the pipelines "ere @hiddenA under the CA, 0R land, it is a matter of public /no"ledge and .udicial notice 152111, ?une that the pipes e<isted and "ere buried before BB))% &he 14, 1555% e<istence of the pipelines "as indicated abo$e ground b! @pilapilsA constructed b! the ad.oining lando"ners themsel$es since the! planted rice alongside the strips of land% &he fact that the use of the pipes "as discontinued "as not rele$ant since the pipes remain buried under the land up to the present% -! placing the pipelines under the land, there "as material occupation of the land b! *B , sub.ecting the land to its "ill and control% '$en assuming arguendo, that the pipelines "ere @hiddenA from sight, petitioner cannot claim ignorance of the e<istence of the pipes% CERTIFICATE OF TITLE; A &orrens Certificate of &itle co$ers onl! the land described therein together "# impro$ements e<isting thereon, if an!% Same; &he &orrens s!stem Kdoes not create or $est title% )t onl! confirms and records title alread! e<isting and $ested% )t does not protect a usurper from the true o"ner% )t cannot be a shield for the commission of fraud% )t does not permit one to enrich himself at the e<pense of another%K antiago $% CA, 0R 152111, ?une 14, 1555% *oble.as and *oble.as, Registration of Land &itles and Deeds, (1221 re$% ed%), p% 111, citing CbaEe9 $% )AC, 124 CRA D4=, (arch 3, 1221, per :ernan, C?%

TA= DECLARATION; &a< declarations do not pro$e antiago $% o"nership% Fo"e$er, the! are strong e$idence of CA, 0R o"nership "hen coupled "# @openA possession of the land 152111, ?une b! the applicant for registration% 14, 1555% Same; &a< receipts are prima facie proofs of o"nership or possession of the propert! for "#c such ta<es has been paid% Coupled "# proof of actual possession of the propert!, the! ma! become the basis of a claim for Ce>uena $% -olante, 0R 1=D244, April 3, 1555%

o"nership% -! ac>uisiti$e prescription, possession in the concept of o"ner J public, ad$erse, peaceful and uninterrupted J ma! be con$erted to o"nership% +n the other hand, mere possession and occupation of land cannot ripen into o"nership% TORRENS SYSTEM; &he &orrens s!stem of land registration does not create nor $est title% )t has ne$er been recogni9ed as a mode of ac>uiring o"nership% -ernardo $% CA, 0R 111D16, ?une 4, 1555%

Same; &he fact that a part! "as able to secure title in his D-P $% CA, fa$or does not operate to $est o"nership upon him#her of 1555% the propert!% +"nership of the land presentl! occupied b! pri$ate respondent "as alread! $ested in him and its inclusion in the original title and the subse>uent transfer certificate of title "as erroneous% Accordingl!, the land in >uestion must be recon$e!ed to pri$ate respondent, the true and actual o"ner% &hereof% AMENDMENT OF CERTIFICATE OF TITLE; ?urisdiction o$er petitions for amendments of certificates of title, such as the one brought belo", is pro$ided for b! ection 154 of P%D% 1612, "#c is the R&C and ,enue of real actions affecting title to or possession of real propert!, or interest therein, shall be commenced and tried in the proper court "hich has .urisdiction o$er the area "herein the real propert! in$ol$ed, or a portion thereof, is situated% Bhile the issue at bar is "# respect to improper $enue, the trial court should ha$e not dismissed the case motu proprio since ,enue is procedural, not .urisdictional, and hence ma! be "ai$ed% )t is meant to pro$ide con$enience to the parties, rather than restrict their access to the courts as it relates to the place of trial% &his has been settled in the case of Dacoycoy v. IAC regarding the distinction bet"een .urisdiction and $enue% :urthermore, there "as an effort b! petitioner to amend the petition% CANCELLATION OF CERTIFICATE OF TITLE; )f a person or entit! obtains a title "#c includes b! mista/e or o$ersight land "#c cannot be registered under the &orrens !stem or o$er "#c the bu!er has no legal right, said bu!er does not, b! $irtue of said certificate alone, become the o"ner of the land illegall! or erroneousl! included% )n fact "hen an area is erroneousl! included in a relocation sur$e! and in the title subse>uentl! issued, the said erroneous inclusion is null and $oid and of no effect% And on rare occasion "here there is such an error, the courts ma! decree that the certificate of title be cancelled and a correct one issued to the bu!er% CONVEYANCES SUBSEQUENT TO ORIGINAL REGISTRATION; *o transfer shall be registered unless the o"nerHs certificate of title is produced along "# the instrument of transfer and the registration of the deed of con$e!ance ser$es as the +P'RA&),' AC& to con$e! the land registered under the &orrens !stem% Fo"e$er, in this case, the Court confirmed the ruling that the @Confirmation of Deed of Absolute aleA "as a $alid instrument attesting to the sale of the land and its registration, "#c resulted in the issuance of the transfer certificate of title% ACTION FOR RECONVEYANCE; A legal remed! granted to a lando"ner "hose propert! has been "rongfull! or Rudolf Liet9 Foldings $% Register of Deeds, 0R 1==145, *o$% 16, 1555%

,eterans :ederation of the Phils% $% CA, 0R 112141, *o$% 11, 1555%

Declaro $% CA, 0R 112D4D, *o$% 1D, 1555%

-lanco $% andiganba!a

erroneousl! registered in anotherHs name, must be filed "#in 15 !ears from the issuance of the title, since such issuance operates as a constructi$e notice% uch action filed in this case after =5 !ears from the registration of the @Confirmation of Deed of Absolute aleA is barred b! laches% Same; )n an action for recon$e!ance, the decree of registration is respected as incontro$ertible% Bhat is sought is the transfer of the propert!, in this case the title thereof, "#c has been "rongfull! or erroneousl! registered in onother personHs name, to its rightful o"ner or to one "# a better right% Recon$e!ance, ho"e$er, is not a$ailable to respondentHs, because the! ha$e not sho"n a title better than that of petitioners% As earlier sho"n, the former ha$e not pro$en an! title that ma! be .udiciall! confirmed% Same; Reo+en"n* and Re6"e7 of De)#ee of Re*"$ #a "on (nde# Se)> 308 PD -?0/; A person depri$ed of land or an! estate or interest therein b! ad.udication or confirmation of title obtained b! actual fraud ma! see/ the reopening and re$ie" of a decree of registration% &he &orrens !stem is intended to guarantee the integrit! and conclusi$eness of the certificate of registration but it cannot be used for the perpetration of fraud against the real o"ner of the registered land% Same; Ba$ed on Im+l"ed o# Con$ #() "6e T#($ P#e$)#",e$ "n Ten Yea#$; &he point of reference being the date of registration of the deed or the date of the issuance of the certificate of title% Bhile a re$ie" of the decree of registration is no longer a$ailable after the e<piration of the one7!ear period from entr! thereof, an e>uitable remed! is a$ailable% &hose "rongfull! depri$ed of their propert! ma! initiate an action for recon$e!ance of the propert!%

n, 0R 1=3D6D764, *o$% 1D, 1555%

ps% 0erminiano $% Alros, 0R 1=661D, +ct% 12, 1555%

:rancisco $% CA, 0R 1=5D34, (arch 11, 1551%

,illanue$a7 (i.ares $% CA, 0R 154211, April 11, 1555; D-P $% CA, supra; :irestone Ceramics $% CA, 0R 11D511, ?une 14, 1555% Da$id $% (ala!, 0R 1=1344, *o$% 12, 1222%

Same; Same; An Action for Recon$e!ance based on )mplied &rust ordinaril! prescribed in 15 !ears% &his rule assumes that the right of the true and real o"ner is recogni9ed, e<pressl! or impliedl!, such as "hen he remains undisturbed in his possession% Fo"e$er, such action ma! be brought be!ond the statute of limitation if he is not in possession con$erting the action into the nature of >uieting of title or its e>ui$alent, "#c action do not prescribe%

REVERSION; A suit for the re$ersion of propert! to the ps% tate ma! be instituted +*LC b! the +ffice of the olicitor 0erminiano $% 0eneral% Alros, 0R 1=661D, +ct% 12, 1555% ASSURANCE FUND; )t is intended to relie$e innocent persons from the harshness of the doctrine that a certificate is conclusi$e e$idence of an indefeasible title to land% Petitioners did not suffer an! pre.udice because of the operation of this doctrine% ps% :rancisco $% *ational &reasurer, 0R 14=141, Aug, =, 1555%

BUYER IN GOOD FAITH; As a 0'*'RAL RUL', in a (odina $% CA, sale under the &orrens !stem, a $oid title cannot gi$e rise 0R 152=66, to a $alid title% &he 'LC'P&)+* is "hen the sale of a +ct% 12, 1222;

person "# a $oid title to a third person "ho purchased it fore $alue and in good faith% A purchaser in good faith is one "ho bu!s the propert! "#o notice that some other person has a right to or interest in such propert! and pa!s a full and fair price at the time of the purchase or before he has notice of the claim or interest b! some other person% Same; ec% =2 of Act 423 "#c pro$ides that e$er! subse>uent purchaser of registered land "ho ta/es a certificate of title for $alue and in good faith, shall hold the same free of all emcumbrances J refers to a lien or encumbrance on the land J not to the right of o"nership thereof% Same; As a general rule, e$er! person dealing "# registered land ma! safel! rel! on the correctness of the certificate of title and is no longer re>uired to loo/ behind the certificate in order to determine the actual o"ner ( ec% =2, Act *o% 421)% Fo"e$er, this rule is sub.ect to the right of a person depri$ed of land through fraud to bring an action for recon$e!ance; pro$ided, the rights of innocent purchaser for $alue and in good faith are not pre.udiced% An )**+C'*& PURCFA 'R :R+ ,ALU' or an! e>ui$alent phrase shall be deemed under ec% =4 to include an innocent lessee, mortgagee or an! other encumbrancer for $alue%
Local 0o$ern7 ment Code

Da$id ,% (ala!, 1222%

D-P $% CA, 1555%

Cru9 -ancom :inance Corp%, 14DD44, (arch 1551%

$% 0R 12,

Ta% De)la#a "on )anno defea a Ce# "f")a e of T" le; &a< Declaration, b! themsel$es, do not conclusi$el! pro$e title to the land% RECONSTITUTION OF TORRENS CERTIFICATES; Presupposes the loss or destruction of the original cop! of the certificate of title on file "# the Register of Deeds% )n such case, the procedure prescribed under RA 13 "ould ha$e to be obser$ed%

Femedes ,% CA, 0R 15D1=1, +ct% 4, 1222% Re<lon Realt! 0roup $% CA, 0R 114411, (arch 16, 1551%

pecial Procedure for the Reconstituti on of lost or destro!ed &orrens Certificate of &itle (RA 13)

Same; P(,l")a "on and Po$ "n* Re@("#emen $; A petition for reconstitution of a lost or destro!ed certificate of title must be published in the +fficial 0a9ette and posted at the main entrance of the pro$incial and the municipal buildings of the place "here the propert! is situated% &his t"in re>uirement (Publication and Posting) is (A*DA&+RC and ?UR) D)C&)+*AL% B#o such publication and posting at the main entrance of both the municipal and pro$incial edifices, the trial court decision granting the reconstitution is $oid% RA 13 la!s do"n the special re>mts% and procedure that must be follo"ed before .urisdiction ma! be ac>uired o$er a petition for reconstitution of title% )n the present case, the notice of hearing or respondentHs petition for reconstitution "as not posted at the main entrance of the pro$incial building% Clearl!, the trial court did not ac>uire .urisdiction o$er the case% &he publication of the notice of hearing in the +fficial 0a9ette does not .ustif! the respondentHs failure to compl! "# the legal re>mt% of posting at the main entrance of both the municipal and pro$incial buildings% Same; No ")e ,4 P(,l")a "on; a .urisdictional

Republic $% 'stipular, 0R 1=3644, ?ul! 15, 1555%

-ernardo

$%

re>uirement; non7compliance of "#c is fatal to the petition for reconstitution of title% (oreo$er, actual notice to the occupants of the propert! is mandator!% :ailure to ser$e such notice on a possessor of the propert! in$ol$ed renders the order of reconstitution null and $oid as said possessor is depri$ed of his da! in court% Same; No ")e o O))(+an of !e land; Under ec% 1= of RA 13, sending of *+&)C' to the occupant of the land co$ered b! the title sought to be reconstituted is (A*DA&+RC and ?UR) D)C&)+*AL% Same; )f a certificate of title has not been lost but is in fact in the possession of another person, then the reconstituted title is $oid and the court that rendered the decision had no .urisdiction% AC& =115 @An Act to Pro$ide an ade>uate Procedure for the Reconstitution of the Records of a pending ?udicial Proceedings and -oo/s, Documents and :iles of the +ffice of the Register of Deeds, destro!ed b! fire, or other public calamities, and for other purposes%A

CA, 1555%

tilianopulos $% Cit! of Legaspi, 0R 1==21=, +ct% 11, 1222%

RULE ON RECONSTITUTION OF TITLE; ection 12 of angle $% CA, Act *o% =115 pro$ides that in case the parties interested in 0R 1522514, a destro!ed record fail to petition for the reconstitution *o$% 16, thereof "#in the si< months ne<t follo"ing the date on 1222% "hich the! "ere gi$en notice in accordance "# section t"o hereof, the! shall be understood to ha$e "ai$ed the reconstitution and ma! file their respecti$e actions ane" "#o being entitled to claim the benefits of section thirt!7one hereof% Same; In e#+#e a "on; Pre$ious ruling in the case of Ambat vs. Director of Lands (21 Phil 63D M126=N), the Court held that upon failure to reconstitute destro!ed .udicial records "ithin the period prescribed b! la", Kthe parties are deemed to ha$e "ai$ed the effects of the decision rendered in their fa$or and their onl! alternati$e is to file an action ane" for the registration in their names of the lots in >uestion% Same; )t "as modified in the case of Nacua vs. de Beltran (2= Phil% 626 M126=N), "here it heldG KBe are inclined to modif! the ruling (in the Ambat case) in the sense that ection 12 of Act *o% =115 should be applied onl! "here the records in the Court of :irst )nstance as "ell as in the appellate court "ere destro!ed or lost and "ere not reconstituted, but not "here the records of the Court of :irst )nstance are intact and complete, and onl! the records in the appellate court "ere lost or destro!ed, and "ere not reconstituted% % % % &he "hole theor! of reconstitution is to reproduce or replace records lost or destro!ed so that said records ma! be complete and court proceedings ma! continue from the point or stage "here said proceedings stopped due to the loss of the records% &he la" contemplates different stages for purposes of reconstitution % % % ection 4 co$ers the stage "here a ci$il case "as pending trial in the Court of :irst )nstance at the time the record "as destro!ed or lost; section 3 e$identl! refers to the stage "here the case had been tried and decided but "as still pending in the Court of :irst )nstance at the time the record "as destro!ed or lost; Villegas vs. Fernando 1D CRA 1112 M1232N%

Realty ales !nterprise" Inc. vs. IAC" 164 CRA =41, M124DN%

section 3 co$ers the stage "here the case "as pending in the upreme Court (or Court of Appeals) at the time the record "as destro!ed or lost% )f the records up to a certain point or stage are lost and the! are not reconstituted, the parties and the court should go bac/ to the ne<t preceding stage "here records are a$ailable, but not be!ond that; other"ise, to ignore and go be!ond the stage ne<t preceding "ould be a$oiding and unnecessaril! ignoring proceedings "hich are dul! recorded and documented, to the great pre.udice not onl! of the parties and their "itnesses but also of the court "#c must again perforce admit pleadings, rule upon them and then tr! the case and decide it ane", O all of these, "hen the records up to said point or stage are intact and complete, and uncontro$erted% <<< <<< <<< &o re>uire the parties to file their action ane" and incur the e<penses and (suffer) the anno!ance and $e<ation incident to the filing of pleadings and the conduct of hearings, aside from the possibilit! that some of the "itnesses ma! ha$e died or left the .urisdiction, and also to re>uire the court to again rule on the pleadings and hear the "itnesses and then decide the case, "hen all along and all the time the record of the former pleadings of the trial and e$idence and decision are there and are not disputed, all this "ould appear to be not e<actl! logical or reasonable, or fair and .ust to the parties, including the trial court "#c has not committed an! negligence or fault at all% <<< <<< <<< &he ruling in *acua is more in /eeping "ith the spirit and intention of the reconstitution la"% As stated therein, KAct =115 "as not promulgated to penali9e people for failure to obser$e or in$o/e its pro$isions% )t contains no penal sanction % )t "as enacted rather to aid and benefit litigants, so that "hen court records are destro!ed at an! stage of .udicial proceedings, instead of instituting a ne" case and starting all o$er again, the! ma! reconstitute the records lost and continue the case% )f the! fail to as/ for reconstitution, the "orst that can happen to them is that the! lose the ad$antages pro$ided b! the reconstitution la" (e%g% ha$ing the case at the stage "hen the records "ere destro!ed)%K Same; Appl!ing the doctrine in the *acua decision to LRC Case *o% *7D==, the parties do not ha$e to commence a ne" action but need onl! to go bac/ to the preceding stage "here records are a$ailable% &he lo"er court had rendered a Decision, dated August 1D, 1241, directing the issuance of a decree of registration for sub.ect parcels of land in fa$or of the applicant, (arciano angle% &he oppositors appealed from said decision but the records of the case "ere destro!ed at such stage, "hen the lo"er court held in abe!ance appro$al of their record on appeal pending substitution of (arciano angle ("ho died during the pendenc! of the case)% angle $% CA, 0R 1522514, *o$% 16, 1222%