Case Digest (G.R. No. 139518)
Facts:
Evangeline L. Puzon v. Sta. Lucia Realty and Development, Inc., G.R. No. 139518, March 06, 2001, Third Division, Panganiban, J., writing for the Court.On June 11, 1988 a fire in the Register of Deeds office of Quezon City destroyed, among other records, the original Transfer Certificates of Title covering two lots in the District of Capitol, Quezon City, originally issued to petitioner Evangeline L. Puzon. Petitioner retained the owner’s duplicate copies of the affected TCTs (Nos. 240131 and 213611).
In October 1993 petitioner filed in the Regional Trial Court (RTC), Quezon City, Branch 80, LRC Record No. Q-6436 (93), a Petition for judicial reconstitution of the destroyed titles based on the owner’s duplicate copies. The RTC issued an Order dated October 26, 1993 fixing the hearing; the Order was published twice in the Official Gazette, posted at Quezon City Hall and the trial court bulletin board, and copies of the petition and notice were served on the Office of the Solicitor General, the Register of Deeds of Quezon City, the Land Registration Authority (LRA), the Land Management Bureau and the City Prosecutor. Trial commenced January 17, 1994; the Office of the Solicitor General appeared and cross‑examined petitioner, who was the sole witness. By Decision dated February 11, 1994 the RTC granted reconstitution and ordered the Register of Deeds to reconstitute the originals from petitioner’s duplicates; the Register thereafter issued new TCTs RT‑78673 (240131) and RT‑78672 (213611).
In 1996 petitioner discovered that Sta. Lucia Realty and Development, Inc. (respondent) was occupying a portion of the land covered by one of the reconstituted TCTs and filed an accion reinvindicatoria (with damages and injunction) against respondent and Garsons Co., Inc. in RTC, Quezon City, Branch 104. While that action was pending, respondent filed a Petition for Annulment of Judgment before the Court of Appeals (CA) on March 25, 1998, seeking to annul the RTC’s reconstitution judgment. On April 30, 1999 the CA granted respondent’s petition and annulled the RTC Decision, holding that petitioner failed to comply with Section 13 of Republic Act No. 26 (notice to adjoining owners and actual occupants) and that the RTC acted without clearance from the Land Registration Authority; the CA also referred to an LRC finding that one of petitioner’s TCTs was fake. Petitioner brought the present action by a Petition for Review on Certiorari under Rule ...(Subscriber-Only)
Issues:
- Are notices to adjoining owners and to actual occupants mandatory and jurisdictional in a petition for judicial reconstitution of a transfer certificate of title when the source of reconstitution is the owner’s duplicate TCT?
- Is a clearance or report from the Land Registration Authority (or similar LRC clearance) a jurisdictional requirement before a court may grant reconstitution under those circumstances?
- May the Court of Appeals, in a petition for annulment of judgment grounded on lack of jurisdiction, properly rule on the genuineness (i.e....(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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