Case Digest (G.R. No. L-40309)
Facts:
Metropolitan Waterworks & Sewerage System v. Hon. Nicanor S. Sison, G.R. No. L-40309, August 31, 1983, Supreme Court Second Division, Escolin, J., writing for the Court. Petitioner Metropolitan Waterworks & Sewerage System (MWSS), a government corporation organized under Republic Act No. 6234, sought review of orders of the Court of First Instance (now Regional Trial Court) of Rizal in Land Registration Case No. 6563 that authorized the judicial reconstitution of lost Transfer Certificates of Title (TCTs) covering Lot Nos. 946, 947 and 948 of the Tala Estate, Caloocan City, and declared valid subsequent titles issued therefrom.On February 4, 1970 private respondents — the Heirs of Don Mariano de San Pedro, Domingo Cecilio and Urban Agro Products, Inc. — filed a verified petition for judicial reconstitution of allegedly lost TCTs for the three lots. The trial court (Judge Benjamin H. Aquino) on February 5, 1970 set the hearing for March 7, 1970 and ordered publication of the notice in the Manila Daily Bulletin once weekly for three consecutive weeks and posting on municipal/provincial bulletin boards; copies were sent to the Director of Lands and the Solicitor General. The notice was published February 8, 15 and 22, 1970, and the hearing was held March 7; the Director of Lands manifested no opposition and, on April 6, 1970, the court granted the petition and ordered the Register of Deeds of Caloocan City to reconstitute the TCTs. Pursuant thereto, the Register issued reconstituted TCT Nos. [N.A.] 5[R], 6[R] and 7[R] on March 31, 1971 in the name of "Don Mariano de San Pedro."
On July 17, 1973 Isabela Cultural Corporation (formerly Mision de la Compania de Jesus en Filipinas) moved to set aside the April 6, 1970 order, asserting it was actual possessor and registered owner of the subject lots with subsisting TCTs issued in 1931 and 1933 and that the court lacked jurisdiction because the notice was not published in the Official Gazette as mandated by Section 13 of Republic Act No. 26. On September 4, 1973 MWSS filed an omnibus motion to intervene and set aside the reconstitution order, likewise asserting failure to publish in the Official Gazette and asserting its own subsisting titles (TCT Nos. 23892 and 23894, issued 1933) covering portions of the lands, including the Novaliches Watershed and Reservoir. Private respondents defended the publications under Republic Act No. 4569 and contended the orders had become final.
The trial court, then presided by Judge Nicanor Sison, on March 27, 1974 set aside the April 6, 1970 order for lack of jurisdiction because publication was not in the Official Gazette. Private respondents sought reconsideration and appealed. Other parties (Eastcoast Development Enterprises, Inc., Constancio B. Maglana and Francisco G. Artigo) intervened as innocent purchasers claiming titles derived from the reconstituted TCTs. On September 4, 1974 Judge Sison reversed his March 27, 1974 order, granted intervention to the purchasers, and declared the April 6, 1970 order and the reconstituted titles valid and binding, construing the petition as in rem a...(Subscriber-Only)
Issues:
- Did the trial court acquire jurisdiction to entertain and grant the petition for reconstitution when the notice of hearing was published in the Manila Daily Bulletin instead of the Official Gazette as required by Section 13 of Republic Act No. 26?
- If jurisdiction was lacking, are the reconstituted Transfer Certificates of Title and the titles derived therefrom valid against subsisting Torrens titles...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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