G.R. No. 182980 - BIENVENIDO CASTILLO, VS. REPUBLIC OF THE PHILIPPINES.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, it is most respectfully prayed of this Honorable Court that after due notice and hearing judgment be rendered: 1. Declaring the Original Owner's Duplicate Certificate of Title No. T-16755 that was lost as null and void; 2. Ordering the Register of Deeds of Bulacan to issue second owner's duplicate copy of the said certificate of title upon payment of proper fees. [5] The trial court furnished the Land Registration Authority (LRA) with a duplicate copy of Bienvenido's petition and its Annexes, with a note stating that "No Tracing Cloth of Plan [sic] and Blue print of plan attached." [6] As requested by the LRA in its letter dated 17 April 2002, [7] the trial court ordered Bienvenido to submit within 15 days from receipt of the order (a) the original of the technical description of the parcel of land covered by the lost/destroyed certificate of title, certified by the authorized officer of the Land Management Bureau/Land Registration Authority and two duplicate copies thereof, and (b) the sepia film plan of the subject parcel of land prepared by a duly licensed Geodetic Engineer, who shall certify thereon that its preparation was made on the basis of a certified technical description, and two blue print copies thereof. [8] Bienvenido complied with the order. [9] The trial court, in an order dated 7 August 2002, ordered Bienvenido to supply the names and addresses of the occupants of the subject property. [10] Bienvenido manifested that there is no actual occupant in the subject property. [11] On 4 October 2002, the trial court issued an order which found Bienvenido's petition sufficient in form and substance and set the same for hearing. [12] Copies of the 4 October 2002 order were posted on three bulletin boards: at the Bulacan Provincial Capitol Building, at the Pulilan Municipal Building, and at the Bulacan Regional Trial Court. [13] The 4 October 2002 order was also published twice in the Official Gazette: on 13 January 2003 (Volume 99, Number 2, Pages 237 to 238), and on 20 January 2003 (Volume 99, Number 3, Pages 414 to 415). [14] After two cancellations, [15] a hearing was conducted on 12 March 2003. During the hearing, the following were marked in evidence for jurisdictional requirements: Exhibit "A" - Order of the Court dated 4 October 2002 Exhibit "A-1" - Second page of the Order of the Court dated 4 October 2002 Exhibit "A-2" - Third page of the Order of the Court dated 4 October 2002 Exhibit "A-3" - Registry return receipt of notice to the Office of the Solicitor General Exhibit "A-4" - Registry return receipt of notice to the Land Registration Authority Exhibit "A-5" - Registry return receipt of notice to the Register of Deeds Exhibit "A-6" - Registry return receipt of notice to the Public Prosecutor Exhibit "A-7" - Registry return receipt of notice to boundary owner Jorge Peralta Exhibit "A-8" - Registry return receipt of notice to boundary owner Lorenzo Calderon Exhibit "A-9" - Registry return receipt of notice to boundary