Title
Republic vs. Royales
Case
G.R. No. 168742
Decision Date
Sep 3, 2008
A cadastral case involving Lot Nos. 2917, 2919, 3272, and 9533 in Libmanan, Camarines Sur, where Norma Royales claimed ownership. The CFI ruled in her favor, but records were lost in a fire. Royales petitioned for reconstitution without publication, which the RTC granted. The Republic appealed, arguing publication was necessary. The Supreme Court ruled publication mandatory under Act 3110, requiring Royales to refile with proper notice, but no relitigation was needed.
publication
court jurisdiction
petition for reconstitution

Case Digest (G.R. No. 168742)

Facts:

Republic of the Philippines v. Norma Royales, G.R. No. 168742, September 03, 2008, First Division, Corona, J., writing for the Court. This is a petition for review on certiorari under Rule 45 of the Rules of Court seeking reversal of the Court of Appeals' April 29, 2005 decision and June 28, 2005 resolution in CA‑G.R. CV No. 79706.

On July 7, 1970 the Director of Lands filed cadastral case No. L‑1 in the then Court of First Instance (CFI) of Camarines Sur (Branch 5) to have certain parcels in Libmanan, Camarines Sur declared public land; Norma Royales appeared as a claimant. Notice of the cadastral petition was published in the Official Gazette. On September 17, 1975 the CFI rendered a decision ordering registration of the lots in favor of Royales; that decision became final before the Registry of Deeds of Camarines Sur was destroyed by fire on June 26, 1976, but the decree of registration had not yet been issued.

Twenty‑seven years later, on October 24, 2002, Royales filed in the Regional Trial Court (RTC) of Libmanan, Branch 57, a petition for reconstitution of the CFI's September 17, 1975 decision (Spec. Proc. No. 846). The RTC set the petition for hearing, notified the government prosecutor and the Land Registration Authority (LRA), and ordered posting of the RTC order but did not direct publication in the Official Gazette. No opposition was filed. On November 25, 2002 the RTC granted the petition and ordered reconstitution, citing that the LRA had duplicate originals of the decision and related records.

The Republic of the Philippines appealed to the Court of Appeals (CA‑G.R. CV No. 79706). The Court of Appeals affirmed the RTC on April 29, 2005 and denied reconsideration on June 28, 2005, holding that publication was no longer required because the CFI, through the Land Registration Commission (predecessor of the LRA), had already caused publication in the Official Gazette. The Republic filed this Rule 45 petition, prese...(Pro-only)

Issues:

  • Under Act 3110, does a petition for reconstitution of destroyed records in a cadastral proceeding require the court to publish its order in the Official Gazette before acquiring jurisdiction?
  • If publication is required but was not made, must the cadastral case be filed anew (relitigated) under Section 29 of Act 3110, or ...(Pro-only)

Ruling:

  • (Pro-only)

Ratio:

  • (Pro-only)

Doctrine:

  • (Pro-only)
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