supports the Manotoks' rivalry that after it truly is demonstrated that there is a pre-present title duly issued because of the Sign-up of Deeds more than the identical property which is the topic of reconstitution proceedings, the reconstitution can not continue for either of two good reasons.
The petition ought to fall short. There might be no reconstitution as being the trial court never ever obtained jurisdiction in excess of the current situation.
Ok. Did the father of Mr. Barque come across any building or constructions to the land now subject of this dispute?
After a successful reconstitution proceeding, the property owner is then restored to conduct proprietary functions or functions of dominion for example sale, mortgage loan, and lease.
120 Nonetheless, fairness follows the regulation, and courts doing exercises fairness jurisdiction should still implement the legislation and possess no discretion to disregard the legislation.121 Exactly where the regulation prescribes a specific treatment with mounted and confined boundaries, the courtroom are unable to, by performing exercises fairness jurisdiction, extend the boundaries additional in comparison to the law enables.122 Hence, this Courtroom has dominated:
Your petition for re-issuance of title shall be filed ahead of the proper Regional Trial Court docket from the registered proprietor, assigns, or anyone getting an curiosity from the property.
In this case at bar, we simply just annulled the decision of your RTC, acting as being a land registration court docket in L.R.C. Document No. 8843, to challenge new owner's duplicate copies of TCT Nos. T-52537 and T-52538, for deficiency of jurisdiction. The dispute in between petitioner Rexlon and respondent David concerning possession above the parcels of land must be threshed out or identified in a more suitable continuing. In the petition to the issuance of a fresh operator's replicate copy of a certification of title in lieu of one allegedly misplaced, the RTC, acting only to be a land registration court docket, has no jurisdiction to move upon the dilemma of genuine ownership from the land lined by the dropped operator's duplicate duplicate of the certificate of title.
We compared the necessities of Portion twelve towards the allegations in Bienvenido’s petition. Bienvenido’s petition complied with things (a), (b), (file) and (g): in paragraph 5 with the petition, he alleged the loss of his duplicate of TCT No. T-16755; paragraph six declared that no co-owner’s duplicate of the replicate title has been issued; paragraph married in the philippines divorce in us 10 mentioned that the house covered through the shed TCT is free of charge from liens and encumbrances; and paragraph 11 mentioned there are no deeds or instruments offered for or pending registration with the Sign-up of Deeds.
Portion twelve. Any person who via fraud, deceit or other machination obtains or tries to acquire a reconstituted title shall be topic to criminal prosecution and, upon conviction, shall be responsible for imprisonment to get a period of not less than two years although not exceeding 5 years or perhaps the payment of a fine of not fewer than 20 thousand pesos although not exceeding Two hundred thousand pesos or both of those at the discretion from the court.
If the first title experienced a lawful defect at some time with the decline or destruction, as if the land protected is a component of the general public forest,106 the reconstituted title isn't going to get rid of these defect. As this Courtroom held in Director of Lands v. Gan Tan
> Reconstitution is suitable only when it is actually satisfactorily shown which the title sought for being reconstituted is shed or no longer offered
Equally disturbing, there are patent forgeries, badges of fraud, and various dubious circumstances that the 1st Division inexplicably brushed aside in its Final decision. These forgeries on your own are much more than enough grounds to deny the reconstitution of the Barques' title.
These copies must temporarily be expunged from the documents with the Data Division until eventually They are really validated and returned for Formal file. (Boldfacing and underscoring equipped)
Evidently, the Barques haven't set foot around the house from 1975 up to your existing. The Barques basically "went around" the totally fenced house.