Facts:

The case involves Remedios V. Geaorga (petitioner) and the heirs of Julian Meliton, represented by Roberto Meliton, Irene Meliton, Henry Meliton, Haide Meliton, and Maria Fe Meliton Espinosa (respondents). The dispute centers around a 227,270-square meter parcel of land in Concepcion Pequeña, Naga City, covered by Transfer Certificate of Title (TCT) No. 8027. Julian Meliton, along with his co-owners, held ownership of the land, with Julian owning an 8/14 share and the others owning 1/14 each. During his lifetime, Julian sold portions of this land to various buyers, including Gaspar Geaorga, the husband of the petitioner. However, Julian did not surrender the owner's duplicate copy of TCT No. 8027, which prevented the buyers from registering their deeds of sale.

In 1996, a petition was filed for the surrender of the owner's duplicate title, leading to a decision in 1998 that favored the buyers, ordering the heirs of Julian to surrender the title to the Register of D...

Facts:

1. Ownership of the Subject Land:

   • Julian Meliton, Isabel Meliton, and respondents (Irene, Henry, Roberto, Haide, and Ma. Fe Meliton Espinosa) were the registered owners of a 227,270-square meter parcel of land in Naga City, covered by Transfer Certificate of Title (TCT) No. 8027. Julian owned an 8/14 portion, while the others owned 1/14 each.

2. Sale of Portions of the Land:

   • During his lifetime, Julian sold portions of the land to various buyers, including petitioner Remedios V. Geaorga’s husband, Gaspar Geaorga. The buyers took possession and introduced improvements on the portions sold to them.

3. Failure to Surrender Title:

   • Julian failed to surrender the owner’s duplicate copy of TCT No. 8027, preventing the buyers from registering their deeds of sale. This led to the filing of a petition in 1996 (Civil Case No. RTC '96-3526) to compel the surrender of the title.

4. RTC Decision (1998):

   • The RTC ruled in favor of the buyers, ordering the surrender of the owner’s duplicate title to the Register of Deeds (RD-Naga) for annotation of the deeds of sale. If the title was not surrendered, TCT No. 8027 would be declared null and void, and new titles would be issued.

5. Execution of the Decision:

   • The decision became final and executory in 2006 but remained unexecuted due to the sheriff’s inability to locate Ma. Fe Meliton Espinosa. In 2008, the RTC declared TCT No. 8027 null and void, and a new title was issued with annotations of the buyers’ claims. The new owner’s duplicate title was given to petitioner in 2009.

6. 2013 Complaint by Respondents:

   • Respondents filed a complaint in 2013 (Civil Case No. 2013-0036) seeking the surrender of the owner’s duplicate title, claiming they were entitled to its possession as registered owners.

7. Petitioner’s Defense:

   • Petitioner argued that she and the other buyers were in the process of completing the requirements for registration and had paid estate taxes. The title was eventually submitted to the RD-Naga in September 2013.

Issue:

• (Unlock)

Ruling:

• (Unlock)

Ratio:

1. Partial Partition of Co-Owned Property:

   • The sale of definite portions of the land by Julian Meliton effectively terminated the co-ownership over those portions, entitling the buyers to segregation and issuance of new titles.

2. Procedure for Registration of Partial Conveyances:

   • Under Section 58 of PD 1529 (Property Registration Decree), the registration of deeds involving portions of land requires a verified and approved subdivision plan and technical descriptions. Pending approval, the deeds may be annotated on the original title.

3. Requirement of Owner’s Duplicate Title:

   • Section 53 of PD 1529 mandates the presentation of the owner’s duplicate title for the registration of voluntary instruments, such as deeds of sale.

4. Preferential Right to Possession:

   • Respondents, as registered owners of the larger portion of the land, have a better right to the possession of the owner’s duplicate title, especially in the absence of justification for the buyers’ delay in completing registration requirements.

5. Ministerial Role of the Register of Deeds:

   • The RD-Naga cannot retain the owner’s duplicate title indefinitely without the necessary documents for registration.

6. Without Prejudice to Buyers’ Rights:

   • The surrender of the title does not preclude the buyers from completing the registration requirements and requesting the title’s surrender in the future.