Section 5. Immediately after reconstitution, said proprietor’s replicate or co-owner’s duplicate exhibited as basis for your reconstitution shall be surrendered into the Sign up of Deeds as well as a new certification of title issued in lieu thereof, the initial of which shall be kept via the Sign up of Deeds and also the house owners replicate delivered to the registered owner.
May well we request you once more to remember to ahead to us the stated copy of program Fls-3168-D on file with your office for our evaluation and comment.
, the Court held that a "duly issued existing Torrens title x x x cannot be the subject of petitions for reconstitution of allegedly misplaced or ruined titles by third get-togethers devoid of to start with securing by remaining judgment the cancellation of these existing titles.
"Recognize of all hearings from the petition for judicial reconstitution shall be furnished the Sign-up of Deeds in the spot the place the land is located and to the Administrator of the Land Registration Authority. No order or judgment ordering the reconstitution of a certificate of title shall develop into ultimate until eventually the lapse of fifteen (15) days from receipt with the Sign up of Deeds and via the Administrator in the Land Registration Authority of a recognize of this kind of purchase or judgment without any charm acquiring been submitted by any these officers." chanrobles virtuallaw libraryred
To put it briefly, these LRA officers admitted that they experienced no jurisdiction around the Barques' petition. Due to the fact these LRA officers refused to presume jurisdiction, there was no assumption of equity jurisdiction the Manotoks might have questioned. For the same cause, there's no assumption of jurisdiction this Courtroom can now understand and validate through fairness concepts.
, on information analogous to those concerned in this case, this Court already held that if a certificate of title hasn't been misplaced but is in reality from the possession of One more particular person, the reconstituted title is void plus the court docket rendering the choice has not acquired jurisdiction.
categorically dominated that in reconstitution proceedings, irrespective of whether administrative or judicial, the reconstituting officer or court docket has no jurisdiction "to move on the question of precise ownership in the land" protected with the shed title as the "certificate of title, by alone, doesn't vest ownership."
Clearly, this Court docket should not depend on the LRA Administrator's results which were being admittedly based on the map from the Barques, who had before submitted forged paperwork to your LRA reconstituting officer.
Respondent relies solely on its reconstituted title which, by alone, won't establish or solve the ownership of your land protected with the misplaced or destroyed title.
sixty two The issuance of a reconstituted title vests no new rights and establishes no possession concerns.sixty three At any time, the LRA can revoke its issuance of a reconstituted title if the shed or wrecked title is subsequently discovered.sixty four The issuance because of the LRA of a reconstituted title is an government perform, not a judicial or quasi-judicial functionality. Only judicial or quasi-judicial selections could become res judicata
nullified the reconstitution proceedings and signified the proof in the reported proceedings as to your alleged possession of Laborada and Bombasi can't be presented any credence.
Although the reduce court docket claims that petitioner, regardless of whether he complied with all the requirements with the law, is not really entitled to get his title reconstituted for The key reason why that, getting an alien, he's not skilled to accumulate the land included by explained title below our Structure. Even so, we find this declare untenable in The sunshine of the theory that a Torrens title can't be collaterally attacked.
, the settled doctrine is "he who seeks equity divorce in us but married in the philippines should come to courtroom with clear palms."111 The Barques have submitted patently solid paperwork into the LRA reconstituting officer. In the event of fairness jurisdiction in the ages, the constant principle from which there was no deviation was that equity could under no circumstances be accustomed to reward people who commit fraud.
Evidently, the Barques haven't set foot around the home from 1975 up on the current. The Barques just "went all-around" the entirely fenced assets.