Case Summary (G.R. No. 195726)
Facts of the Case
On June 5, 2007, Marcelino filed a verified petition for the reconstitution of TCT No. 206714, which described a parcel of land in Bagbag, Quezon City. The original title was claimed to have been destroyed in a fire on June 11, 1988, at the Quezon City Hall. Marcelino presented various evidentiary documents, including a photocopy of the title, real property tax declarations, and an affidavit of loss, to demonstrate the existence of the title and its prior ownership by Luz Dela Paz.
RTC Decision
Upon reviewing the documentation, the RTC ruled in favor of Marcelino, granting the reconstitution of the title based on the evidence presented, deeming it a proper case for reconstitution under the law, thereby ordering the Register of Deeds of Quezon City to issue a new title to Marcelino.
CA Reversal
The CA reversed the RTC's decision, citing insufficient evidence to support Marcelino’s claim. It emphasized that vital parties, such as the heirs of Luz Dela Paz, did not testify, and necessary documents like the sale contracts were not registered with the Registry of Deeds, compromising their credibility. The CA raised concerns about the authenticity of the documents submitted, notably a certification regarding the title’s destruction and the nature of the secondary evidence like the photocopy of TCT No. 206714.
Basis for CA's Findings
The CA laid out multiple reasons for its dismissal of Marcelino’s petition. Among them were the non-presentation of original sources required under Republic Act No. 26, specifically that the legal ownership sequence was not sufficiently established. The court underscored that mere tax declarations and affidavits could not meet the legal threshold for reconstitution, as reconstitution proceedings hinge on clear and convincing evidence that directly aligns with statutory requirements.
Legal Standards for Reconstitution
The Court established that in reconstitution proceedings, the burden of proof is on the petitioner to demonstrate, with clear and convincing evidence, that a certificate of title existed and was destroyed or lost. It further characterized reconstitution as an in rem proceeding, accentuating tha
...continue readingCase Syllabus (G.R. No. 195726)
Background of the Case
- The case revolves around a Rule 45 petition filed by Marcelino Dela Paz (petitioner) challenging the Court of Appeals' (CA) decision and resolution that reversed the Regional Trial Court's (RTC) order for the reconstitution of Transfer Certificate of Title (TCT) No. 206714.
- The RTC had previously granted Marcelino's petition for reconstitution based on evidence submitted regarding the loss and destruction of the original title.
Facts of the Case
- On June 5, 2007, Marcelino filed a verified petition for the reconstitution of TCT No. 206714, which pertains to a 500 square meter parcel of land in Quezon City.
- The land was part of an extrajudicial settlement among the heirs of Luz Dela Paz and was subsequently sold to Marcelino and his mother on November 23, 2005.
- The original TCT was destroyed in a fire at the Quezon City Hall on June 11, 1988, and the owner's duplicate was lost in 2001, as evidenced by an affidavit of loss.
- Marcelino provided multiple pieces of evidence, including a photocopy of TCT No. 206714, tax declarations, receipts, and a report from the Land Registration Authority (LRA) supporting the reconstitution.
The RTC's Decision
- The RTC found the evidence sufficient to grant the reconstitution of TCT No. 206714 and ordered the Register of Deeds of Quezon City to issue a reconstituted title.
- The court emphasized the importance of the approved subdivision plan and technical d