What Rexlon Realty questioned was the jurisdiction in the trial courtroom in issuing substitute titles for the Qualities from the name of Alex David who claimed that he dropped the titles. In assailing as void the demo court's judgment, Rexlon Realty invoked, as said by the Courtroom, "Portion 2, of Rule 47 with the 1997 Revised Guidelines of Civil Procedure," which delivers "the grounds to annul a judgment of a reduced courtroom x x x [based on] fraud and not enough jurisdiction." Thus, the Courtroom in Rexlon Realty
Part 18. In the event a certificate of title, considered dropped or ruined, be discovered or recovered, a similar shall prevail above the reconstituted certification of title, and, if each titles show up in the title of exactly the same registered owner, all memoranda of new liens or encumbrances, if any, made over the latter, immediately after its reconstitution, besides the memorandum from the reservation referred to in portion 7 of this Act, shall be transferred to the recovered certification of title. Thereupon, the register of deeds shall cancel the reconstituted certification of title and distribute upon the proprietor's duplicate, in addition to around the co-owner's, mortgagee's or lessee's copy, if any has actually been issued, such annotations of subsisting liens or encumbrances as might look to the recovered certification of title, cancelling at the same time the memorandum of the reservation referred to in part seven hereof: Furnished, on the other hand, That If your reconstituted certification of title has become cancelled by virtue of any deed or instrument, irrespective of whether voluntary or involuntary, or by an purchase of your courtroom, and a new certification of title has become issued, the recovered certification of title shall be Also cancelled, but all subsisting liens or encumbrances, if any, showing thereon shall be transferred to the new certification of title and also to its proprietor's duplicate, and to any co-owner's mortgagee's or lessee's copy that will divorce in us but married in the philippines have already been issued, the memorandum from the reservation referred to in portion 7 of the Act, if any, being thereby ipso facto cancelled. (
x x x How can this be when NCR has never provided us the alleged duplicate of their file for validation. The forwarding with the copy to us is mandatory underneath DAO No.
> Republic Act 26 presents for Unique technique for the reconstitution of torrens certificate of title which have been lacking and not fictitious titles which are present. Exactly where a certification of title above a parcel of land was reconstituted judicially and later it absolutely was identified that there existed a former certification of title covering the exact same land during the title of another man or woman, the court dominated which the existence on the prior title ipso facto nullified the reconstitution proceedings
These rulings of the Court are so crucial in offering balance to land titles that overturning them now can be catastrophic to our Torrens process of land registration.
, a Torrens title can only be cancelled if a immediate continuing assailing its validity is submitted just before the correct Regional Demo Court. Fourth
Within the letter dated 27 November 1992, Engineer Pangyarihan explained that he geared up the copy which he Qualified from the white print program on file while in the location because the applicant statements to have lost the tracing fabric. Whilst the rationalization could possibly be thought of, but the preparation on the strategy will not be but in accordance with Sections one.
You may well be required to seem in courtroom being a witness but only legal professionals are predicted to seem in the majority of hearings
a. Our inventory of approved options enrolled within our file, our Microfilm Personal computer listing of options accessible for decentralization all demonstrate that we don't have this approach Fls-3168-D, logically we are unable to concern any copy.
“(2) The owner’s replicate certificate or co-proprietor’s duplicate is in owing form with no apparent intentional alterations or erasures;
Through the oral argument, counsel for the Barques denied the erasure on the notation around the Barques' tax declarations. Having said that, counsel for your Barques admitted that he hasn't seen the initial tax declarations on file Using the Assessor's Place of work, thus:
Reported 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 from the province or town exactly where the loss or destruction of titles occurred.
An authenticated copy on the decree of registration or patent, as the situation might be, pursuant to which the initial certification of title was issued;
one. To become posted two times, on the expense with the petitioner, in successive issues of the Formal Gazette