The 2 proceedings have been sham and deceitful and had been filed in terrible faith. This kind of humbuggery or imposture can not be countenanced and can't be the source of reputable rights and benefits.
forty eight that a choice of a division is void if it overturns a doctrine proven via the en banc or One more division. There, the Court docket held:
Republic Act No. 26 entitled “An act offering a special technique for the reconstitution of Torrens Certificates of Title shed or destroyed” permitted on September 25, 1946 confers jurisdiction or authority on the Court of Very first Instance to listen to and judge petitions for judicial reconstitution. The Act especially provides the Distinctive demands and mode of procedure that need to be followed ahead of the court can thoroughly act, presume and receive jurisdiction or authority in excess of the petition and grant the reconstitution prayed for.
Another document which, inside the judgment in the courtroom, is adequate and right basis for reconstituting the misplaced or wrecked certification of title.
the character and description from the properties or advancements, if any, which will not belong into the operator on the land, as well as the names and addresses on the homeowners of these properties or advancements;
x x x The Manotoks are proclaiming that the Barques erased, eliminated annotation inside the tax declaration in the Barques that inside the tax declaration on file While using the Assessor's Office environment the tax declaration of the Barques is alleged to incorporate annotation this home seems to get registered within the identify of Manotok Realty Inc., is that proper?
This Courtroom has frequently warned of your pitfalls of reconstitutions of titles, that have resulted in innocent landowners losing their titled lands to criminal offense syndicates specializing in solid titles and documents.
on the bottom the trial court docket had no jurisdiction to grant the reconstitution of shed proprietor's duplicates of titles to respondent Alex David. Rexlon Realty proved that the titles weren't shed but had been in its possession as the 1st buyer on the Attributes from Alex David who had later on bought once more the Homes to Paramount Growth Company.
Segment 19 of your Judiciary Act61 gives which the "Regional Trial Court docket shall work out distinctive initial jurisdiction x x x in all civil actions, which involve the title to x x x authentic home."
one. Annotations or memoranda showing up on the owner’s co-owner’s mortgagee’s or lessee’s duplicate
In the course of the oral argument, counsel to the Barques denied the erasure from the notation on the Barques' tax declarations. Having said that, counsel to the Barques admitted that he has not found the initial tax declarations on file Using the Assessor's Office, Consequently:
Sec. three. Immediately after the reduction or destruction of titles mentioned in Section 2 hereof, a real, entire and faithful inventory of all guides, titles, documents, income and residence in the Registry of Deeds worried shall be well prepared via the Land Registration Authority with the newly specified reconstituting officer or Sign up of Deeds. Claimed stock, duly signed and certified beneath oath because of the Administrator of your Land Registration Authority, shall be printed within a newspaper of normal circulation while in the province or town where the reduction or destruction of titles happened.chanrobles virtuallaw libraryred Sec. four. All reconstituted titles shall reconstitution of title be reproduced from the Land Registration Authority in no less than a few graphic copies or in regardless of what usually means by which the initial can be reproduced, one copy to become stored through the Land Registration Authority, the next copy to get held with the Nationwide Library Archives Division, along with the 3rd copy for being secured in the federal government hearth-proof vault, preferably in the Security Printing Plant of the Central Bank.
A choice rendered by a Division of the Courtroom in violation of the above mentioned constitutional provision can be in surplus of jurisdiction and, for that reason, invalid.forty nine (
> A judicially reconstituted title has precisely the same validity and legal outcome as the initial thereof, and isn’t subject to your reservation that it shall be with no prejudice to any celebration whose ideal or curiosity in the property was duly observed in the original at time of decline or destruction but which entry or notation hasn’t been