supports the Manotoks' contention that when it truly is demonstrated that there's a pre-present title duly issued with the Sign up of Deeds more than a similar home which happens to be the subject of reconstitution proceedings, the reconstitution can not commence for either of two factors.
“Sec. one hundred ten. Reconstitution of Dropped or Ruined Unique of Torrens Title. – Authentic copies of certificates of titles dropped or destroyed during the places of work of Sign up of Deeds together with liens and encumbrances influencing the lands lined by this kind of titles shall be reconstituted judicially in accordance With all the course of action prescribed in Republic Act No. 26 insofar as not inconsistent with this Decree. The treatment relative to administrative reconstitution of misplaced or destroyed certificate prescribed in stated Act might be availed of only in the event of considerable reduction or destruction of land titles due to fireside, flood or other drive majeure as based on the Administrator with the Land Registration Authority: Provided, That the volume of certificates of titles missing or destroyed must be at the very least 10 percent (ten%) of the whole amount from the possession in the Office environment in the Sign up of Deeds: Supplied, more, That in no scenario shall the quantity of certificates of titles shed or broken be under 5 hundred (five hundred).
The method relative to administrative reconstitution of misplaced or destroyed certificate prescribed in said Act might be availed of only in the event of considerable reduction or destruction of land titles thanks to fireside, flood or other drive majeure as based on the Administrator of the Land Registration Authority: Furnished, That the quantity of certificates of titles misplaced or damaged should be at least 10 p.c (10%) of the full number inside the possession from the Office environment with the Sign-up of Deeds: Furnished, further, That in no case shall the amount of certificates of titles shed or broken be a lot less than five hundred (five hundred).
attachment of all of the paperwork, or authenticated copies to generally be launched in proof in assistance on the petition for reconstitution, in addition to a system and technological description on the house duly accepted through the Chief of the final Land Registration Office environment, or that has a Qualified duplicate of the description taken from a prior certification of title covering precisely the same house.
one hundred twenty Having said that, fairness follows the regulation, and courts training equity jurisdiction need to nonetheless use the legislation and also have no discretion to disregard the legislation.121 Where the law prescribes a certain cure with fixed and constrained boundaries, the court docket are not able to, by exercising equity jurisdiction, lengthen the boundaries more compared to the legislation will allow.122 So, this Court has dominated:
the day on which all persons obtaining any curiosity therein ought to show up and file their assert or objections towards the petition.
Portion 14. This Act shall Similarly include administrative reconstitution of copies of primary certificates of titles ruined by fire, flood or other pressure majeure in a duration of fifteen decades ahead of the effectivity of this Act.
The Barques provide the temerity to foist on this Court docket their copy of program Fls-3168-D that has been consistently denounced like a forgery by Engineer Dalire, the incredibly person whom the Barques assert Accredited their duplicate of Fls-3168-D. Engineer Dalire is the greatest individual to determine the authenticity of Fls-3168-D not just mainly because he allegedly signed it as claimed from the Barques, and also for the reason that he may be the Chief in the Geodetic Surveys Division on the Lands Administration Bureau Countrywide Workplace, the Workplace that has the "inventory of authorized plans x x x (and) Microfilm Laptop or computer listing of designs obtainable for decentralization."
> According to LRC round #35, the signed copy copy of the petition to get forwarded to this Commission shall be accompanied by the following:
Thereupon, the Sign-up of Deeds shall, no valid motive on the contrary current, reconstitute the certificate of title as furnished Within this Act.”
> Reconstitution is correct only when it's satisfactorily shown which the title sought being reconstituted is dropped or not accessible
Explained stock, duly signed and Licensed under oath with the Administrator in the Land Registration Authority, shall be posted inside a newspaper of general circulation during the province or town the place the loss or destruction of titles married in the philippines divorced in the us transpired.
ruling essentially consists of a condition where by There exists an existing title issued because of the Register of Deeds at enough time of submitting of a petition to reconstitute A further title in excess of the identical home during the title of Yet another particular person.
The petition shall be confirmed and should be filed within just sixty times after the petitioner learns of the decision but not in excess of 6 months from the promulgation thereof. chanrobles virtuallaw libraryred Sec. 11. A reconstituted title acquired via fraud, deceit or other machination is void ab initio as versus the party obtaining a similar and all persons possessing expertise thereof.cralaw:pink