Case Digest (G.R. No. 142284)
Facts:
Republic of the Philippines v. El Gobierno de las Islas Filipinas, Contra, Enemesia Acaso, et al., G.R. No. 142284, June 08, 2005, Supreme Court Second Division, Austria‑Martinez, J., writing for the Court. The petition arose from a petition for reconstitution of a lost Torrens original certificate of title for Lot No. 1499, Opon Cadastre filed on June 21, 1995 before the Regional Trial Court (RTC), Branch 54, Lapu‑Lapu City by Severiana Gacho (respondent). Gacho alleged that Lot No. 1499 had been adjudged in a 1929 registration case in favor of Tirso Tumulak (married to Engracia Pongasi), that Decree No. 365835 and an original certificate had issued but were lost or destroyed during the last World War, and that she purchased a portion of the lot from heirs by a 1979 deed of extrajudicial declaration of heirs with sale. She sought reconstitution so she could obtain a title to her portion.The RTC set hearing, published and posted notices, and furnished copies to the Register of Deeds, the Land Registration Authority (LRA), Bureau of Lands and the Office of the Solicitor General. After jurisdictional facts were established, the Branch Clerk of Court received evidence. Gacho testified ex parte and offered documentary exhibits: a certified copy of a 1929 decision (Exh. I), index entries reflecting Decree No. 365835 (Exh. J/J‑1), a deed of heirs with sale (Exh. K), an affidavit of a neighbor (Exh. L), certification from the Register of Deeds (Exh. M), and plan and technical description (Exhs. N, N‑1).
On January 13, 1997 the LRA (through its Reconstituting Officer) reported that Decree No. 365835 for Lot No. 1499 appeared in its cadastral records and that the plan and technical description had been verified and approved pursuant to Section 12 of Republic Act No. 26; the LRA further indicated that, if reconstitution were granted, the reconstituted original should be made subject to statutory liens. On March 11, 1997 the RTC granted the petition and ordered the Register of Deeds of Lapu‑Lapu City to reconstitute the title for Lot No. 1499 in the name of Tirso Tumulak, directing conformity with the technical description.
The Republic (through the Office of the Solicitor General) appealed to the Court of Appeals, arguing that the trial court erred in granting reconstitution based on documents that are not acceptable sources under R.A. No. 26. On February 29, 2000 the Court of Appeals affirmed the RTC, holding respondent had shown valid title and that the original cert...(Pro-only)
Issues:
- Did the Court of Appeals err in affirming the RTC's grant of reconstitution where the bases for reconstitution were a xerox copy of a 1929 decision, an index entry of a decree, sketch plan, certifications, technical description and deed of sale that the petitioner alleges are not acceptable sources under R.A. No. 26?
- Was there sufficient evidence that an original certificate of title for Lot No. 1499 had been previously is...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)