New Step by Step Map For reconstitution of title
New Step by Step Map For reconstitution of title
Blog Article
As for fairness, that has been aptly referred to as 'a justice outdoors legality,' This really is applied only during the absence of, and never ever against, statutory legislation or, as In this instance, judicial regulations of procedure. Aequetas nunquam contravenit legis
The Barques have never set foot about the assets since the time Homer L. Barque, Sr. allegedly ordered the assets in 1975. Counsel for the Barques admitted this when he stated in the course of the oral argument which the Barques basically "went close to" the walled house.
would not include two conflicting titles about the identical residence, that is the specific situation while in the existing case. In Rexlon Realty
> Republic Act 26 supplies for special process to the reconstitution of torrens certification of title that are missing and not fictitious titles which can be current. The place a certification of title about a parcel of land was reconstituted judicially and later it absolutely was uncovered that there existed a earlier certificate of title covering exactly the same land within the name of An additional particular person, the courtroom ruled that the existence of your prior title ipso facto nullified the reconstitution proceedings
o The original, 2 replicate copies, as well as a Xerox duplicate of the initial from the specialized description on the parcel of land included by the certificate of title, duly Accredited via the authorized officer from the Bureau of Lands or even the LRC who issued the complex description
Conclusions because of the LRA or perhaps the NBI that a title is spurious are simply administrative opinions, not a judicial resolve that settles rights and obligations among events in excess of a disputed residence. These conclusions are just evidences, not the judgment itself of validity or invalidity which can only originate from the Regional Trial Court docket. These results don't come to be res judicata
Only the Barques insist which the LRA has jurisdiction to cancel a Torrens title of the 3rd party in an administrative reconstitution proceedings filed by One more social gathering, a competition which is patently baseless.
on the bottom the trial court docket experienced no jurisdiction to grant the reconstitution of misplaced operator's duplicates of titles to respondent Alex David. Rexlon Realty proved the titles were not misplaced but ended up in its possession as the first consumer in the Houses from Alex David who experienced later offered yet again the properties to Paramount Advancement Company.
a. Our stock of accepted designs enrolled in our file, our Microfilm Laptop listing of programs obtainable for decentralization all display that we do not need this plan Fls-3168-D, logically we are not able to challenge any duplicate.
Thereupon, the Register of Deeds shall, no valid motive on the contrary existing, reconstitute the certificate of title as presented In this particular Act.”
> The limitation that reconstitution of title ought to be limited to the certificate mainly because it stood at some time of its decline or destruction has reference only to modifications which alter or have an impact on title with the registered operator instead of to mere liens as well as other encumbrances
The Barques also unsuccessful to elucidate why they continue to pursued their petition for administrative reconstitution in their title if in fact that they had already obtained an accredited reconstitution on 27 January 1997 less than their duplicate of Administrative Reconstitution Order No.
In the case at bar, the authenticity and genuineness in the proprietor's duplicate of TCT Nos. T-52537 and T-52538 inside the possession of petitioner Rexlon and the Absolute Deed of Sale in its favor have not been disputed. As there isn't any proof to assistance actual loss of the said operator's copy copies of claimed certificates of title, the demo courtroom did not receive jurisdiction and the divorce in us but married in the philippines new titles issued in substitution thereof are void.
1. To become published 2 times, with the cost of the petitioner, in successive problems with the Formal Gazette