G.R. NO. 146081 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE LAND REGISTRATION AUTHORITY, VS. SPOUSES ROBERTO AND MARINA SANCHEZ.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the foregoing information anent the lots in question is respectfully submitted for consideration in the resolution of the instant petition, and if the Honorable Court, after notice and hearing, finds justification pursuant to Section 15 of the Republic Act No. 26 to grant the same, the owners [sic] duplicate of Transfer Certificate of Title No. 252708 may be used as sources [sic] of the desired reconstitution pursuant to Section 3 (a) of said Act. Provided, however, that in case the petition is granted, the reconstituted title should be made subject to such encumbrances as maybe subsisting, and provided, further, that no certificate of title covering the same parcels of land exists in the office of the Register of Deeds Concerned [sic]. Quezon City, Philippines, September 5, 1996. REYNALDO Y. MAULIT Administrator By: [Sgd.] BENJAMIN M. BUSTOS Reconstituting Officer & Chief, Reconstitution Division [8] As no opposition was filed against the petition, the trial court allowed respondents to present evidence ex parte. Apart from the First Report, respondents also presented a Certification, dated 14 December 1994, of the Quezon City Register of Deeds, that the original of TCT No. 252708 was among those destroyed in the 1988 fire. Respondents further presented a Certification, dated 14 May 1996, of the Office of the City Treasurer, Quezon City, confirming that respondents last paid the real estate taxes on Lot No. 1 in January 1996. The Ruling of the Trial Court In its Order dated 28 October 1996 ("28 October 1996 Order"), the trial court granted reconstitution and ordered TCT No. 252708 reconstituted. The 28 October 1996 Order became final on 6 January 1997. The Register of Deeds, Quezon City issued to respondents reconstituted Transfer Certificate of Title No. RT-115027 (252708) ("TCT No. RT-115027"). In a letter dated 4 November 1997, Oriel submitted to the trial court another Report, dated 24 October 1997 ("Second Report"), also signed by Bustos. Oriel informed the trial court that the First Report was fake. The Second Report, which recommended that the trial court set aside the 28 October 1996 Order, reads: REPORT COMES NOW the Land Registration Authority, and to the Honorable Court respectfully reports that: (1) The above-entitled case appears to seek the reconstitution of Transfer Certificate of Title No. 252708 allegedly lost or destroyed and supposedly covering Lot 1, Pcn-04-000007, situated at Quezon City, as indicated in the copy of the Notice of Hearing dated May 30, 1996, submitted to this Authority. Attached also to our records of this case is a xerox copy of the purported Transfer Certificate of Title No. 252708 covering Lot 1, Pcn-04-000007 in the name of Marina Sanchez, not certified by the Clerk of Court, as required under LRC Circular 35, Series of 1983. (2) In the 1st Indorsement dated October 21, 1997 of Engr. Alberto H. Lingayo, Acting Chief, Ordinary and Cadastral Decree Division, this Authority, xerox copy attached as