Section five. Following reconstitution, claimed proprietor’s duplicate or co-proprietor’s copy exhibited as basis for your reconstitution shall be surrendered on the Sign-up of Deeds plus a new certificate of title issued in lieu thereof, the first of which shall be saved by the Register of Deeds and the owners copy sent to the registered owner.
" The phrase "duly issued present Torrens title" basically means a title verifiably issued by the appropriate Register of Deeds. The validity or invalidity of your title isn't material at that point. Exactly what is material is if the Sign-up of Deeds in fact issued the title as part of his typical features.
, the Court held that a "duly issued current Torrens title x x x can't be the topic of petitions for reconstitution of allegedly misplaced or wrecked titles by third get-togethers devoid of first securing by final judgment the cancellation of these kinds of current titles.
"(1) That no deed or other instrument affecting the assets were offered for registration, or, if there be any, the nature thereof, the day of its presentation, together with the names of the get-togethers, and whether the registration of this sort of deed or instrument remains to be pending accomplishment; "(2) Which the proprietor's duplicate certification or co-proprietor's copy is in because of form with none obvious intentional alterations or erasures; "(three) Which the certification of title isn't the topic of litigation or investigation, administrative or judicial, pertaining to its genuineness or due execution or issuance; "(4) The certification of title was in whole power and effect at time it had been shed or ruined; "(5) That the certificate of title is roofed by a tax declaration consistently issued with the Assessor's Business; and "(6) That real estate property taxes have already been totally paid out approximately no less than two (2) a long time ahead of the submitting in the petition for reconstitution. "When the reconstitution should be to be made out of any on the resources enumerated in Area 2(b) or three(b), the affidavit should really even more condition that the proprietor's duplicate is misplaced or wrecked and the instances underneath which it had been missing or destroyed. Thereupon, the Register of Deeds shall, no valid explanation on the contrary existing, reconstitute the certificate of title as delivered On this Act." Part three. Immediately following the reduction or destruction of titles talked about in Portion two hereof, a real, entire and devoted inventory of all textbooks, titles, paperwork, dollars and assets in the Registry of Deeds worried shall be geared up from the Land Registration Authority in the recently designated reconstituting officer or Register of Deeds. Stated stock, duly signed and Qualified less than oath through the Administrator in the Land Registration Authority, shall be revealed inside of a newspaper of basic circulation from the province or city in which the loss or destruction of titles occurred. Portion four. All reconstituted titles shall be reproduced because of the Land Registration Authority in not less than three image copies or in whatever implies by which the first might be reproduced, one particular copy to become retained by the Land Registration Authority, the 2nd duplicate to get retained because of the Nationwide married in the philippines divorced in the us Library Archives Division, as well as the third copy to be secured inside of a govt fireplace-evidence vault, preferably in the safety Printing Plant in the Central Bank. These types of image duplicate of the original duplicate from the reconstituted title shall be thought of soon after due authentication via the Land Registration Authority, throughout the Register of Deeds while in the province or metropolis where the land is found, as a duplicate first, and as an authorized supply or foundation for reconstitution along with the resources enumerated in Area two and 3 of Republic Act No.
o A signed duplicate of the certification in the RD anxious that the original in the certification on title on file With all the RD was possibly missing or destroyed, indicating the identify on the registered operator, if regarded from the opposite documents in file in claimed Workplace.
58 that the existence of a previous Torrens title ipso facto nullifies the reconstitution proceedings, So:
Republic Act No. 26 gives for your special method for that reconstitution of Torrens certificates of title which have been missing and not fictitious titles or titles which can be current.
Our legal professionals at Delloro Saulog Legislation Workplaces will let you file a Petition for Reconstitution under P.D. 1529. Reconstitution may be fairly tiresome. Our legal professionals can help you Assess your documents, file the correct petition, and guide you in all stages of court hearings.
Portion 19 of your Judiciary Act61 delivers the "Regional Demo Court docket shall physical exercise distinctive unique jurisdiction x x x in all civil actions, which require the title to x x x actual home."
"When the reconstitution would be to be produced from any on the sources enumerated in Area 2(b) or 3(b), the affidavit must even more condition the owner's duplicate is lost or ruined and the instances below which it had been shed or wrecked.
three. The reconstituting officer or court has no jurisdiction to choose The problem of ownership about the house or perhaps the validity of your title.46 The objective of reconstitution is solely to interchange a certificate of title which was lost or ruined in precisely the same lawful standing it existed at the time from the reduction or destruction.
, also on points analogous to All those concerned in this case, we held that if an owner's copy duplicate of the certificate of title hasn't been missing but is in actual fact from the possession of An additional human being, the reconstituted title is void as well as courtroom rendering the decision hasn't obtained jurisdiction. Therefore, the decision might be attacked any time.
With regard into the letter dated 02 January 1997, xerox copy hooked up to the letter, this letter certainly didn't originate from this Office environment; It's a cast document. The assertion that the subject approach was forwarded to us by the Chief, Technological Information Studies Segment with the NCR-LMS isn't genuine.
The many documents, or authenticated copies thereof, to be launched in evidence in aid on the petition for reconstitution shall be attached thereto and submitted Together with the exact same: Delivered, That just in case the reconstitution would be to be designed completely from resources enumerated in Segment two(f) or three(f) of the Act, the petition shall be further accompanied that has a strategy and technological description from the residence duly accepted via the Chief of the General Land Registration office (now Fee of Land Registration) or having a Qualified copy of The outline taken from a prior certification of title masking the exact same assets.