G.R. No. 168742 - Republic vs. Royales

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.
The case involved Lot Nos. 2917, 2919, 3272, and 9533 located in Libmanan, Camarines Sur, with specific areas provided for each lot.
The petitioner sought that these parcels of land be declared public land, while respondent Norma Royales asserted her claim over these lots.
Notice of the filing was published in the Official Gazette, ensuring public awareness of the proceedings.

Decision of the Court of First Instance and Subsequent Destruction of Records

On September 17, 1975, the CFI rendered a decision ordering the registration of the lots in favor of respondent Norma Royales.
Prior to the issuance of the decree of registration and the certificate of finality, on June 26, 1976, the Registry of Deeds of Camarines Sur was razed by fire.
The fire resulted in the complete destruction of all titles and documents, causing the loss of essential records for executing the court’s decision.

On October 24, 2002, approximately 27 years after the fire, respondent Norma Royales filed a petition for the reconstitution of the September 17, 1975 CFI decision in the Regional Trial Court (RTC) of Libmanan, Camarines Sur (Spec. Proc. No. 846).
On November 6, 2002, the RTC issued an order setting the petition for hearing, notifying the government prosecutor and the Land Registration Authority (LRA), and directing the order be posted—although it did not mandate publication in the Official Gazette.

With no opposition filed, on November 25, 2002, the RTC ruled in favor of the petition, ordering the reconstitution of the September 17, 1975 decision, relying on the availability of duplicate original copies maintained by the LRA.
The Republic of the Philippines, as petitioner, escalated the matter by appealing to the Court of Appeals (CA) under CA-G.R. CV No. 79706.
On April 29, 2005, the CA affirmed the RTC decision, reasoning that the earlier publication through the Land Registration Commission (predecessor of the LRA) sufficed.
A subsequent CA resolution dated June 28, 2005, denied reconsideration of this affirmation.

The core issue raised pertained to the requisite publication under the reconstitution process, specifically whether Section 10 or Section 9 of Act 3110 applied in this scenario.
Petitioner argued that Section 10, which mandates publication in the Official Gazette for reconstitution in cadastral cases, was controlling.
Respondent maintained that Section 9 was relevant, as it pertained to situations where a decision had already been rendered but a decree of registration was pending.

Cadastral proceedings are distinct from ordinary land registration processes; they are initiated by the government to provide compulsory registration of lands.
The procedure compels all claimants to participate, with the aim of settling and adjudicating the titles to lands for public interest.
The reconstitution of records under such proceedings is meant to allow the case to continue from the stage at which the records were destroyed, avoiding the need to start anew.

Whether the publication of the order in the Official Gazette is necessary for the court to acquire jurisdiction over a petition for reconstitution of records in a cadastral case.
Whether the failure to comply with the publication requirement under Section 10 of Act 3110 deprives the RTC of proper jurisdiction over respondent’s petition.

The issue of which provision of Act 3110 should apply: Section 9 (pertaining to land registration proceedings) or Section 10 (specifically directed at pending cadastral cases).
Whether the legislative intent behind differentiating between ordinary land registration proceedings and cadastral proceedings justifies the application of Section 10.

Determining if the failure to adhere to the publication requirement mandates that the petition for reconstitution be filed anew.
Assessing whether loss of jurisdiction due to noncompliance with procedural requirements justifies a dismissal or a re-litigation of the cadastral case.