1. That petitioner is of legal age, Filipino, widower and with residence and postal address at Poblacion, Pulilan, Bulacan;
2. That petitioner is the registered owner of a parcel of land situated at Paltao, Pulilan, Bulacan covered by Transfer Certificate of Title No. T-16755, a zerox [sic] copy of which is hereto attached as Annex "A";
3. That the zerox [sic] copy of technical description and subdivision plan of the parcel of land with an area of 50,199 [square meters] (Lot 6-A) are hereto attached as Annexes "B" and "C";
4. That the original copy of the said certificate of title on file with the Register of Deeds of Bulacan was lost and/or destroyed during the fire on March 7, 1987 in the Office of the Register of Deeds of Bulacan, certification from the said office is hereto attached as Annex "D";
5. That, the owner's copy of the said certificate of title was likewise lost and all efforts to locate the same proved futile and in vain, copy of the the [sic] "Affidavit of Loss" is hereto attached as Annex "E";
6. That no co-owner's copy of duplicate of the same certificate has been issued;
7. The names and addresses of the boundary owners of said lot are the following:a. West - Jorge Peralta
b. North - Lorenzo Calderon
c. South - Lorenzo Calderon
d. East - Melvin & Marlon Reyes
with postal address at Poblacion, Pulilan, Bulacan;
8. That said property has been declared for taxation purposes under Tax Declaration No. 97-19001-00019, zerox [sic] copy of which is hereto attached as Annex "F";
9. That the real estate tax for the current year has been paid per official receipt no. 0287074, zerox [sic] copy of which is hereto attached as Annex "G";
10. That said property is free from all liens and encumbrances;
11. That there exist no deeds or instruments affecting the said property which has been presented for and pending registration with the Register of Deeds of Bulacan;
WHEREFORE, it is most respectfully prayed of this Honorable Court that after due notice and hearing judgment be rendered:
1. Declaring the Original Owner's Duplicate Certificate of Title No. T-16755 that was lost as null and void;
2. Ordering the Register of Deeds of Bulacan to issue second owner's duplicate copy of the said certificate of title upon payment of proper fees.5
Exhibit "A" - Order of the Court dated 4 October 2002
Exhibit "A-1" - Second page of the Order of the Court dated 4 October 2002
Exhibit "A-2" - Third page of the Order of the Court dated 4 October 2002
Exhibit "A-3" - Registry return receipt of notice to the Office of the Solicitor General
Exhibit "A-4" - Registry return receipt of notice to the Land Registration Authority
Exhibit "A-5" - Registry return receipt of notice to the Register of Deeds
Exhibit "A-6" - Registry return receipt of notice to the Public Prosecutor
Exhibit "A-7" - Registry return receipt of notice to boundary owner Jorge Peralta
Exhibit "A-8" - Registry return receipt of notice to boundary owner Lorenzo Calderon
Exhibit "A-9" - Registry return receipt of notice to boundary owners Melvin and Marlon Reyes
Exhibit "B" - Certificate of Posting
Exhibit "C" - Certificate of Publication from the Director of the National Printing Office
Exhibit "D" - Official Gazette, Volume 99, Number 2, 13 January 2003
Exhibit "D-1" - Page 237, Publication of the trial court's Order dated 4 October 2002
Exhibit "D-2" - Page 238, Publication of the trial court's Order dated 4 October 2002
Exhibit "E" - Official Gazette, Volume 99, Number 3, 20 January 2003
Exhibit "E-1" - Page 414, Publication of the trial court's Order dated 4 October 2002
Exhibit "E-2" - Page 415, Publication of the trial court's Order dated 4 October 200216
Exhibit "F" - Photocopy of TCT No. T-16755
Exhibit "G" - Blueprint of the subject property
Exhibit "H" - Technical description of the property
Exhibit "I" - Affidavit of Loss executed by Bienvenido Castillo
Exhibit "I-1" - Entry of the Affidavit of Loss in the book of the Register of Deeds
Exhibit "J" - Certification issued by the Office of the Register of Deeds, Malolos, Bulacan that TCT No. T-16755 was burned in a fire on 7 March 1987
Exhibit "K" - Tax declaration
Exhibit "L" - 2002 Real Estate Tax Receipt
(2) The plan and technical description of Lot 6-A of the subdivision plan Psd-37482 were verified correct by this Authority to represent the aforesaid lot and the same have been approved under (LRA) PR-03-00321-R pursuant to the provisions of Section 12 of Republic Act No. 26.
WHEREFORE, the foregoing information anent the lot in question is respectfully submitted for consideration in the resolution of the instant petition, and if the Honorable Court, after notice and hearing, finds justification pursuant to Section 15 of Republic Act No. 26 to grant the same, the plan and technical description having been approved, may be used as basis for the inscription of the technical description on the reconstituted certificate. Provided, however, that in case the petition is granted, the reconstituted title should be made subject to such encumbrances as may be subsisting; and provided further, that no certificate of title covering the same parcel of land exists in the office of the Register of Deeds concerned.18
WHEREFORE, the Register of Deeds for the province of Bulacan is hereby ordered, upon payment of the prescribed fees, to reconstitute the original copy of Original Certificate of Title No. 16755 and to issue another owner's duplicate copy thereof, in the name of the registered owner and in the same terms and conditions as the original thereof, pursuant to the provisions of R.A. No. 26, as amended by P.D. No. 1529, in lieu of the lost original copy. The new original copy shall in all respects be accorded the same validity and legal effect as the lost original copy for all intents and purposes. Provided, that no certificate of title covering the same parcel of land exists in the office of the Register of Deeds concerned.
SO ORDERED.19
WHEREFORE, the instant appeal is GRANTED. The assailed Decision dated October 3, 2003 of Branch 22, RTC of Malolos, Bulacan in P-111-2002 is hereby SET ASIDE and a new judgment is entered dismissing the Petition therein.
SO ORDERED.20
I. The Honorable Court of Appeals erred in holding that the documentary evidence presented by petitioner in the lower court are insufficient to support the reconstitution prayed for.
II. The Honorable Court of Appeals erred in finding that petitioner failed to establish the circumstances which led to the loss of his duplicate owner's copy of TCT No. T-16755.
III. The Honorable Court of Appeals erred in finding that there is no merit in the motion for new trial filed by petitioner.26
Process of Reconstitution of
Transfer Certificates of Title under R.A. No. 26
Sec. 3. Transfer certificates of title shall be reconstituted from such of the sources hereunder enumerated as may be available, in the following order:
(a) The owner's duplicate of the certificate of title;
(b) The co-owner's, mortgagee's, or lessee's duplicate of the certificate of title;
(c) A certified copy of the certificate of title, previously issued by the register of deeds or by a legal custodian thereof;
(d) The deed of transfer or other document, on file in the registry of deeds, containing the description of the property, or an authenticated copy thereof, showing that its original had been registered, and pursuant to which the lost or destroyed transfer certificate of title was issued;
(e) A document, on file in the registry of deeds, by which the property, the description of which is given in said document, is mortgaged, leased, or encumbered, or an authenticated copy of said document showing that its original had been registered; and
(f) Any other document which, in the judgment of the court, is sufficient and proper basis for reconstituting the lost or destroyed certificate of title.
Sec. 12. Petitions for reconstitution from sources enumerated in Sections 2(c), 2(d), 2(e), 2(f), 3(c), 3(d), and/or 3(f) of this Act, shall be filed with the proper Court of First Instance, by the registered owner, his assigns, or any person having an interest in the property. The petition shall state or contain, among other things, the following: (a) that the owner's duplicate of the certificate of title had been lost or destroyed; (b) that no co-owner's, mortgagee's, or lessee's duplicate had been issued, or, if any had been issued, the same had been lost or destroyed; (c) the location and boundaries of the property; (d) the nature and description of the building or improvements, if any, which do not belong to the owner of the land, and the names and addresses of the owners of such buildings or improvements; (e) the names and addresses of the occupants or persons in possession of the property, of the owners of the adjoining properties and of all persons who may have any interest in the property; (f) a detailed description of the encumbrances, if any, affecting the property; and (g) a statement that no deeds or other instruments affecting the property have been presented for registration, or if there be any, the registration thereof has not been accomplished, as yet. All the documents, or authenticated copies thereof, to be introduced in evidence in support to the petition for reconstitution shall be attached thereto and filed with the same: Provided, That in case the reconstitution is to be made exclusively from sources enumerated in Section 2(f) or 3(f) of this Act, the petition shall be further accompanied with a plan and technical description of the property duly approved by the Chief of the General Land Registration office (now Commission of Land Registration) or with a certified copy of the description taken from a prior certificate of title covering the same property.
Sec. 13. The court shall cause a notice of the petition, filed under the preceding section, to be published, at the expense of the petitioner, twice in successive issues of the Official Gazette, and to be posted on the main entrance of the provincial building and of the municipal building of the municipality or city in which the land is situated, at least thirty days prior to the date of hearing. The court shall likewise cause a copy of the notice to be sent, by registered mail or otherwise, at the expense of the petitioner, to every person named therein whose address is known, at least thirty days prior to the date of the hearing. Said notice shall state, among other things, the number of the lost or destroyed certificate of title, if known, the name of the registered owner, the names of the occupants or persons in possession of the property, the owners of the adjoining properties and all other interested parties, the location area and boundaries of the property, and the date on which all persons having any interest therein must appear and file their claim or objections to the petition. The petitioner shall, at the hearing, submit proof of the publication, posting and service of the notice as directed by the court.
Republic Act No. 26 entitled "An act providing a special procedure for the reconstitution of Torrens Certificates of Title lost or destroyed" approved on September 25, 1946 confers jurisdiction or authority to the Court of First Instance to hear and decide petitions for judicial reconstitution. The Act specifically provides the special requirements and mode of procedure that must be followed before the court can properly act, assume and acquire jurisdiction or authority over the petition and grant the reconstitution prayed for. These requirements and procedure are mandatory. The Petition for Reconstitution must allege certain specific jurisdictional facts; the notice of hearing must be published in the Official Gazette and posted in particular places and the same sent or notified to specified persons. Sections 12 and 13 of the Act provide specifically the mandatory requirements and procedure to be followed.28
Endnotes:
* Designated additional member per Special Order No. 1006 dated 10 June 2011.
** Designated additional member per Raffle dated 15 June 2011.
1 Under Rule 45 of the Rules of Court. Rollo, pp. 9-32.
2 Rollo, pp. 34-38. Penned by Justice Estela M. Perlas-Bernabe with Justices Portia Aliño- Hormachuelos and Lucas P. Bersamin, concurring.
3 Id. at 44-45.
4 Id. at 40-42.
5 Records, pp. 3-5.
6 Id. at 15.
7 Id. at 16.
8 Id. at 18.
9 Id. at 19-27.
10 Id. at 28.
11 Id. at 32.
12 Id. at 34-36.
13 Id. at 39.
14 Id. at 41-42.
15 Id. at 46-48.
16 TSN, 12 March 2003, p. 2.
17 Id. at 3-15.
18 Records, p. 69.
19 Rollo, p. 42.
20 Rollo, p. 38.
21 CA rollo, pp. 111-119.
22 Id. at 124-125.
23 Id. at 126.
24 Id. at 127-130.
25 Id. at 158-159.
26 Rollo, pp. 16-17.
27 Records, p. 41. Certified by Director IV Melanio S. Torio.
28 Tahanan Development Corp. v. Court of Appeals, 203 Phil. 652, 681 (1982).
29 Section 6, Rule 1 of the 1997 Rules of Civil Procedure.
30 Section 4, Rule 1 of the 1997 Rules of Civil Procedure.
31 Caltex Filipino Managers & Supervisors Ass'n. v. CIR, 131 Phil. 1022, 1030 (1968).
32 Register of Deeds of Malabon v. RTC, Malabon, MM, Br. 170, G.R. No. 88623, 5 February 1990, 181 SCRA 788, citing Pinza v. Aldovino, 134 Phil. 217 (1968).
33 Allama v. Republic, G.R. No. 88226, 26 February 1992, 206 SCRA 600.