Case Digest (G.R. No. 170459)
Facts:
- The Republic of the Philippines is the petitioner against respondents Candido, Demetila, Jesus, Angelito, and Teresita Vergel De Dios.
- The case involves three parcels of land in Angat, Bulacan, covered by Transfer Certificate of Title (TCT) No. T-141671.
- In 1989, the registered owners sold Lot 1, and Lot 3 was incorporated into a provincial road, leaving Lot 2, measuring 1,839 square meters.
- A portion of Lot 2 (50.01 square meters) was used for road widening, leaving 1,788.99 square meters owned by the respondents.
- The remaining portion was allocated to Candido, Demetila, and the heirs of Danilo through a signed Kasulatan.
- The owner’s duplicate of TCT No. T-141671 was destroyed in a flood in 1978, and the original was lost in a fire in 1987.
- Candido filed a petition with the RTC of Malolos for the reconstitution of TCT No. T-141671 and issuance of a new owner’s duplicate.
- The RTC granted the petition on January 21, 2003, but the Republic appealed to the Court of Appeals (CA).
- On August 17, 2005, the CA ruled the evidence insufficient for reconstitution but upheld the issuance of a new owner’s duplicate.
- The Republic's motion for partial reconsideration was denied on November 16, 2005, leading to a petition for review on certiorari.
Issue:
- (Unlock)
Ruling:
- The Supreme Court granted the petition, ruling that the Court of Appeals erred in maintaining the order for the issuance of a new owner’s duplicate title after deleting the reconstitution ...(Unlock)
Ratio:
- The Supreme Court emphasized that reconstitution aims to restore the original form and condition of a lost or destroyed title.
- The original document must be replaced with a new one upon reconstitution, as mandated by Section 16 of...continue reading
Case Digest (G.R. No. 170459)
Facts:
The case involves the Republic of the Philippines as the petitioner against respondents Candido, Demetila, Jesus, Angelito, and Teresita, all surnamed Vergel De Dios. The events leading to this case began with the ownership of three parcels of land located in Angat, Bulacan, covered by Transfer Certificate of Title (TCT) No. T-141671. The registered owners, including Danilo, Candido, Marciana, Francisco, Leonardo, Milagros, Petra, Demetila, and Clarita Vergel De Dios, sold Lot 1 in 1989, and Lot 3 was incorporated into a provincial road, leaving only Lot 2, which measured 1,839 square meters. A portion of Lot 2, measuring 50.01 square meters, was utilized for road widening, resulting in a remaining area of 1,788.99 square meters owned by the respondents. This remaining portion was allocated to Candido, Demetila, and the heirs of Danilo, namely Jesus, Angelito, and Teresita, through a Kasulatan ng Partihan sa Lupa na may Kalakip na Pagmamana at Pagtalikod sa Karapatan (Kasulatan) signed by all co-owners.
The owner’s duplicate of TCT No. T-141671 was reportedly in the custody of Elmer Gonzales and was destroyed during a flood on October 17, 1978. Subsequently, on March 7, 1987, the original copy of TCT No. T-141671 was lost in a fire that consumed the office of the Register of Deeds of Bulacan. In light of these events, Candido, acting for himself and as attorney-in-fact for the other respondents, filed a petition with the Regional Trial Court (RTC) of Malolos, Bulacan, seeking the reconstitution of the burned original of TCT No. T-141671 and the issuance of a new owner’s duplicate copy. The petition included various documents, such as a Special Power of Attorney, a photocopy of the owner’s duplicate certificate, the Kasulatan, a technical description of Lot 2...