The reconstituting body or court docket has no jurisdiction to problem A different Torrens title over the exact same residence for the petitioner.forty four The existence of a prior title ipso facto
Such impression duplicate of the initial duplicate on the reconstituted title shall be deemed right after due authentication by the Land Registration Authority, in the Sign-up of Deeds inside the province or city where by the land is situated, as a replica original, and as an authorized source or basis for reconstitution together with the sources enumerated in Area two and three of Republic Act No. 26.
Primary copies of certificates of title dropped or destroyed from the offices of Sign up of Deeds along with liens and encumbrances influencing the lands lined by such titles shall be reconstituted judicially in accordance With all the procedure prescribed in Republic Act No. 26 insofar as not inconsistent with this Decree.”[2]
It had been to start with released in 1974. The second version from the reserve was revealed in 1987. The 3rd version of the ebook was printed in 2007 immediately after in depth revision and updation. The chapter on “Administrative Tribunals” (Portion – XI, Ch. – I) was revised and current by me.
These rulings on the Court docket are so vital in giving balance to land titles that overturning them now could be catastrophic to our Torrens procedure of land registration.
Segment 19 from the Judiciary Act vests in courts of justice the "unique initial jurisdiction" to decide factual and lawful challenges involving "the title to x x x serious home."
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When counsel for that Barques was asked if his reconstitution of title clients manufactured an ocular inspection in the property at some time his clientele purchased it in 1975, Barques' counsel answered as follows:
a. Our inventory of approved options enrolled inside our file, our Microfilm Laptop list of strategies readily available for decentralization all exhibit that we do not have this program Fls-3168-D, logically we are unable to problem any copy.
So much too, this Court docket has stressed "that lands already protected by duly issued current Torrens titles (which turn out to be incontrovertible upon the expiration of one yr from their issuance under portion 38 with the Land Registration Act) can't be the subject of petitions for reconstitution of allegedly misplaced or destroyed titles submitted by 3rd events without having initial securing by final judgment the cancellation of these types of current titles." (Ortigas & Organization Restricted Partnership v. Velasco, 234 SCRA 458 [1994])117 (
Reconstitution, However, refers to the solution Once your land title that is from the possession in the Registry of Deeds is ruined.
The Barques also unsuccessful to elucidate why they nevertheless pursued their petition for administrative reconstitution of their title if in truth they had previously obtained an accepted reconstitution on 27 January 1997 beneath their copy of Administrative Reconstitution Buy No.
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