G.R. No. 130433 - REPUBLIC OF THE PHILIPPINES, VS. MAXIMO I. PLANES, REPRESENTED BY ATTORNEY-IN-FACT JOSE R. PEREZ.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, it is most respectfully prayed before this Honorable Court that judgment be rendered in favor of the petitioner, after due notice, publication and hearing, ordering the Register of Deeds for the Province of Cavite to reconstitute the original of said Original Certificate of Title No. 219 in the name of Carlos Planes based on the owners duplicate certificate thereof. [6] (Emphasis supplied) On the same date, the RTC issued a notice [7] setting the hearing of the petition on July 20, 1992, at 8:30 oclock in the morning, and directing that any person interested in the petition should appear and show cause why the same should not be granted. It further directed that copies of the notice be furnished the Solicitor General, the Land Registration Authority (LRA), the Provincial Prosecutor and the Register of Deeds of Cavite. However, the Solicitor General, the LRA, the Register of Deeds and the Director of Lands did not receive copies of the notice. On February 17, 1992, Atty. Jose R. Bawalan, Clerk of Court of the same RTC, issued a Certificate of Posting [8] certifying that on said date, he caused the posting of the notice of hearing of the petition in three (3) conspicuous places in Carmona, Cavite and at the bulletin board of the Provincial Capitol, Trece Martires City. On August 26, 1992, the RTC issued another notice setting the hearing of the petition on October 30, 1992 at 8:30 oclock in the morning and directing that copies of the notice be published in the Official Gazette twice and be posted in three (3) conspicuous places in Carmona, Cavite where the property is located. A copy of this notice was not received by the Solicitor General. [9] Meantime, on September 17, 1992, the Solicitor General filed his Notice of Appearance [10] as counsel for the REPUBLIC. The notice of August 26, 1992 setting the hearing of the case on October 30, 1992 was published twice in the Official Gazette - on October 19 and October 26, 1992. [11] We note, however, that this notice of hearing is not found in the records of this case. When the petition was heard on October 30, 1992 , only Maximo Planes, petitioner (now respondent) and his counsel appeared. Nobody opposed the petition. Thus, on the same date, the trial court issued an Order [12] granting respondents petition for reconstitution. The pertinent portion of the Order reads: When the petition was called for hearing, nobody opposed the same despite the issuance of the Notice of Hearing (Exh. A), its publication in the Official Gazette (Exh. C) posting of the same in three (3) conspicuous places in Carmona, Cavite, where the property subject matter of the petition is situated (Exh. B). The Solicitor General who had been furnished with a copy of the petition and the notice of hearing filed its Notice of Appearance (Exh. D). Thereupon, on motion of counsel for the petitioner, he was allowed to present his evidence for the petitioner ex parte in the presence of Asst. Provincial Prosec