What Does reconstitution of title Mean?
What Does reconstitution of title Mean?
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I. The Honorable Court docket of Appeals erred in holding that the documentary proof introduced by petitioner in the lessen court docket are inadequate to support the reconstitution prayed for.
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x x x How can this be when NCR hasn't supplied us the alleged copy in their file for validation. The forwarding on the copy to us is necessary less than DAO No.
In distinction, the statement of your LRA Administrator that there is no Barrio Payong in Quezon Metropolis is predicated merely within the map which the Barques submitted in their petition for administrative reconstitution, which was submitted only on 22 October 1996.
You might submit an application for very first registration of land In the event the title deeds have been lost or wrecked. HM Land Registry has Distinctive needs and processes for these programs, that happen to be established out Within this tutorial.
In these instances, the LRA has no jurisdiction to reconstitute administratively the title of your Barques because these reconstitution constitutes an oblique or collateral attack about the pre-current Torrens title in the Manotoks above precisely the same house. Section 48 from the Assets Registration Decree52 states that a "certification of title shall not be subject matter into a collateral attack.
For clarity, a real property such land or condominium is registered and covered by two individual first titles, one particular copy is With all the home owner and another duplicate is While using the Sign-up of Deeds. To get binding upon the whole entire world, any lien or transaction masking a certain house needs to be reflected during the title With all the Sign up of Deeds as it's reflected from the duplicate unique duplicate of title within the possession of the assets owner. Using this, reconstitution of title is often a make a difference of necessity.
Portion 1. Portion one hundred ten of Presidential Decree No. 1529 is hereby amended to read through as follows: "Sec. a hundred and ten. Reconstitution of Misplaced or Ruined Original of Torrens Title. - Primary copies of certificates of titles misplaced or destroyed while in the offices of Register of Deeds and liens and encumbrances impacting the lands included by these types of married in the philippines divorced in the us titles shall be reconstituted judicially in accordance Together with the course of action prescribed in Republic Act No. 26 insofar as not inconsistent using this type of Decree. The process relative to administrative reconstitution of missing or ruined certification prescribed in reported Act may very well be availed of only in the event that of considerable loss or destruction of land titles owing to fire, flood or other pressure majeure as based on the Administrator of the Land Registration Authority: Delivered, That the volume of certificates of titles misplaced or harmed ought to be at the very least ten p.c (10%) of the whole selection within the possession on the Workplace of your Sign up of Deeds: Offered, even more, That in no situation shall the amount of certificates of titles dropped or damaged be a lot less than 5 hundred (500).
The Barques can't merely brush apart their submission of tampered or cast files. These patent forgeries are grounds to render the Barques' reconstituted title void ab initio
So much too, this Court docket has pressured "that lands presently coated by duly issued present Torrens titles (which come to be incontrovertible upon the expiration of 1 year from their issuance less than area 38 of the Land Registration Act) can't be the subject of petitions for reconstitution of allegedly misplaced or wrecked titles submitted by 3rd parties with no initially securing by closing judgment the cancellation of such current titles." (Ortigas & Organization Constrained Partnership v. Velasco, 234 SCRA 458 [1994])117 (
The validity of a Torrens title, reconstituted or not, is really a separate issue from the reconstitution of title.
In his fourteen February 1997 letter, the LRA reconstituting officer complained to your LRA Administrator that "There exists an make an effort to mislead us into favorable action by publishing cast files."
, the settled doctrine is "he who seeks equity must come to court with clear hands."111 The Barques have submitted patently solid paperwork on the LRA reconstituting officer. In the development of equity jurisdiction throughout the ages, the frequent basic principle from which there was no deviation was that fairness could hardly ever be utilized to reward those who dedicate fraud.
You will need to give an account of the situations which have resulted while in the loss or destruction, which We're going to consider on its individual advantage. Having said that, we will most likely grant merely a possessory title the place the evidence supplied will not set up These situations and the history of the title beyond question.