G.R. NO. 142284 - REPUBLIC OF THE PHILIPPINES, VS. EL GOBIERNO DE LAS ISLAS FILIPINAS, CONTRA, ENEMESIA ACASO, ET AL., RECLAMANTES, SEVERIANA GACHO.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the foregoing information anent the property 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 Republic Act No. 26 to grant the same, the plan and technical description having been approved, may be used as basis for the inscription of the technical description on the reconstituted certificate. Provided, however, that in case the petition is granted, the reconstituted title being an original certificate should be made subject to a first lien in favor of the National Government to guarantee the payment of the special taxes assessed pursuant to Section 18 of Act 2259, as amended, and to a lien in favor of E. Bunagan Surveying Co. to guarantee the payment of the costs of cadastral survey and monumenting pursuant to Act 3327, as amended, unless the same has previously been cancelled; and provided, further that no certificate of title covering the same parcel of land exists in the office of the Register of Deeds concerned. On March 11, 1997, the trial court rendered its decision as follows: After a thorough examination of all the evidence, the Court is of the belief that the allegations in the petition have been sufficiently established and that therefore the petitioner is entitled to the relief prayed for. WHEREFORE, all premises considered, the Court hereby grants the petition and renders judgment directing the Register of Deeds of Lapu-Lapu City to reconstitute the title for Lot No. 1499 in the name of Tirso Tumulak, married to Engracia Pongasi, which reconstituted title must conform strictly with the technical description of the lot (Exhibit "N-2"). SO ORDERED.