G.R. No. 163610 - HEIRS OF ENRIQUE TORING, REPRESENTED HEREIN BY MORIE TORING, VS. HEIRS OF TEODOSIA BOQUILAGA, REPRESENTED HEREIN BY PAULINO CADLAWON, CRISPIN ALBURO, VIVENCIO GOMEZ, EDUARDO CONCUERA AND PONCIANO NAILON. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, it is respectfully prayed that an order be issued; a. Directing defendants to deliver, produce, and surrender Original [Certificates] of Title Nos. RO- 13240, 13238, 13239, and Transfer Certificate of Title [No.] 97615 to plaintiffs, and should defendants refuse to surrender these documents, to declare Original Certificate of Titles Nos. - RO- 13238, 13239, 13240, and Transfer Certificate of Title 97615 null and void, and directing the Register of Deeds of the Province of Cebu, to cancel said Original Certificates of Title, and Transfer Certificate of Title and in lieu thereof issue new Transfer Certificates of Title in the name of Enrique Toring; b. Declare as null and void Original Certificate of Title 13237, being canceled by Transfer Certificate of Title RT-3989; c. Directing defendants heirs of Teodosia [Boquilaga] to pay P20,000.00 as attorney's fees. Plaintiffs, pray for other remedies just and equitable applicable to their case, pertinent with law and equity. [21] Petitioners contend that the delivery of the reconstituted OCTs in the name of Teodosia Boquilaga was necessary to confirm and register the 1927 sale in favor of their predecessor-in-interest, Enrique Toring. It appears that the remedy contemplated is a petition for surrender of withheld owner's duplicate certificates provided in Section 107 of Presidential Decree (P.D.) No. 1529. SECTION 107. Surrender of withheld duplicate certificates. -- Where it is necessary to issue a new certificate of title pursuant to any involuntary instrument which divests the title of the registered owner against his consent or where a voluntary instrument cannot be registered by reason of the refusal or failure of the holder to surrender the owner's duplicate certificate of title, the party in interest may file a petition in court to compel surrender of the same to the Register of Deeds. The court, after hearing, may order the registered owner or any person withholding the duplicate certificate to surrender the same, and direct the entry of a new certificate or memorandum upon such surrender. If the person withholding the duplicate certificate is not amenable to the process of the court, or if [for] any reason the outstanding owner's duplicate certificate cannot be delivered, the court may order the annulment of the same as well as the issuance of a new certificate of title in lieu thereof. Such new certificate and all duplicates thereof shall contain a memorandum of the annulment of the outstanding duplicate. (Emphasis supplied.) However, petitioners themselves alleged that the 1927 sale had long been duly registered -- OCT Nos. 1379, 14167, 14057 and 13720 in the name of Teodosia Boquilaga covering Cadastral Lot Nos. 1834, 2249, 2248 and 1835, respectively, as mentioned in the Escritura de Venta Absoluta [22] dated June 3, 1927, were cancelled and in lieu thereof TCTs have been issued in the name of Enrique Toring on August 20, 1927. Their predecessor-in-interest having already succeede