What Rexlon Realty questioned was the jurisdiction on the demo court in issuing substitution titles on the Homes inside the identify of Alex David who claimed that he misplaced the titles. In assailing as void the demo court docket's judgment, Rexlon Realty invoked, as stated because of the Court, "Part 2, of Rule forty seven of your 1997 Revised Principles of Civil Course of action," which supplies "the grounds to annul a judgment of a decrease courtroom x x x [depending on] fraud and deficiency of jurisdiction." As a result, the Court in Rexlon Realty

four. The deed of transfer or other document, on file from the RD, made up of an outline with the property, or an authenticated copy thereof, displaying that its primary had been registered, and pursuant to which the misplaced or destroyed transfer certificate of title was issued

x x x How can this be when NCR has never given us the alleged copy within their file for validation. The forwarding from the copy to us is required less than DAO No.

"(one) That no deed or other instrument affecting the home had been offered for registration, or, if there be any, the character thereof, the day of its presentation, together with the names of your parties, and whether the registration of such deed or instrument remains to be pending accomplishment; "(2) Which the operator's replicate certification or co-owner's copy is in owing sort with no clear intentional alterations or erasures; "(3) The certificate of title just isn't the topic of litigation or investigation, administrative or judicial, about its genuineness or thanks execution or issuance; "(4) That the certificate of title was in total drive and effect at time it absolutely was shed or ruined; "(five) The certification of title is covered by a tax declaration frequently issued from the Assessor's Office; and "(six) That real estate taxes are absolutely paid around at the very least two (two) years before the submitting with the petition for reconstitution. "In the event the reconstitution is always to be created from any with the sources enumerated in Segment two(b) or three(b), the affidavit should more condition that the owner's duplicate has actually been shed or destroyed and also the conditions underneath which it was missing or destroyed. Thereupon, the Register of Deeds shall, no valid purpose on the contrary current, reconstitute the certification of title as furnished With this Act." Portion three. Straight away following the loss or destruction of titles talked about in Segment two hereof, a real, comprehensive and devoted stock of all guides, titles, files, dollars and house within the Registry of Deeds concerned shall be well prepared through the Land Registration Authority in the newly selected reconstituting officer or Register of Deeds. Reported stock, duly signed and Accredited less than oath with the Administrator on the Land Registration Authority, shall be revealed inside of a newspaper of common circulation within the province or town in which the reduction or destruction of titles happened. Segment 4. All reconstituted titles shall be reproduced via the Land Registration Authority in at the least 3 graphic copies or in regardless of what means by which the initial may be reproduced, one copy to generally be saved via the Land Registration Authority, the 2nd duplicate to get held because of the Nationwide Library Archives Division, as well as the third copy to be secured within a governing administration hearth-proof vault, preferably in the safety Printing Plant of your Central Bank. Such image copy of the original copy in the reconstituted title shall be thought of after because of authentication by the Land Registration Authority, with the Sign-up of Deeds while in the province or town in which the land is situated, as a duplicate primary, and as an authorized supply or foundation for reconstitution along with the resources enumerated in Portion 2 and 3 of Republic Act No.

The Alabang ruling states that in this kind of situation the reconstituting authority has no jurisdiction to proceed Along with the reconstitution until finally a remaining judgment cancels one other title. This is clear from your Courtroom's ruling in Alabang

The method for an Administrative Reconstitution of Title is submission of documents at the RD, examining and forwarding complex details in the LRA, and after that the order to reconstitute the title for the involved RDs.

In cases like this at bar, we simply just annulled the choice from the RTC, performing as a land registration courtroom in L.R.C. Report No. 8843, to concern new operator's replicate copies of TCT Nos. T-52537 and T-52538, for deficiency of jurisdiction. The dispute in between petitioner Rexlon and respondent David concerning possession more than the parcels of land will have to be threshed out or decided in a more appropriate continuing. Within a petition for the issuance of a whole new owner's copy copy of a certificate of title in lieu of 1 allegedly dropped, the RTC, performing only being a land registration court, has no jurisdiction to pass on the question of precise ownership in the land lined with the missing operator's duplicate duplicate of your certification of title.

A doc, on file within the registry of deeds, by which the residence, The outline of that reconstitution of title is supplied in reported doc, is mortgaged, leased or encumbered, or an authenticated copy of reported doc displaying that its initial had been registered; and

Section 48 of the Assets Registration Decree offers that a Torrens title "can not be altered, modified, or cancelled apart from within a immediate proceeding in accordance with legislation."

Would you recognize if The daddy of respondent go to and inspect and investigate the possession of Mr. Setosta?

nullifies the reconstitution proceedings.45 The appropriate recourse is always to assail specifically inside of a proceeding prior to the regional trial court the validity in the Torrens title already issued to the opposite particular person.

is currently ahead of us – a problem exactly where "all safety in registered titles [is] dropped." Every single landowner holding a Torrens title will now should camp inside the corridors with the courts, or continually check out within the balcony of his household, just to avoid shedding his titled land.

He, thus, apparently had the motive to delete the title and identify of the Barques from his resolution.

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