G.R. No. 128412 - REXLON REALTY GROUP, INC., VS. THE HONORABLE COURT OF APPEALS, HON. ARTURO T. DE GUIA, RTC JUDGE (CAVITE CITY), BRANCH 16, ALEX L. DAVID, THE REGISTER OF DEEDS FOR THE PROVINCE OF CAVITE AND PARAMOUNT DEVELOPMENT CORPORATION OF THE PHILIPPINES.D E C I S I O N - Supreme Court E-Libr

Ruling

WHEREFORE, the instant petition is hereby granted and the Register of Deeds for the Province of Cavite is accordingly directed, upon payment of the corresponding fees, to issue another duplicate copies of TCT Nos. T-72537 and T-72538 to petitioner Alex L. David, in lieu of the two (2) lost titles, which are hereby declared null and void and of no further force and effect. The new duplicate titles shall contain all subsisting encumbrances, if any. [4] Petitioner Rexlon then filed with the Court of Appeals a petition for annulment of the said Decision of the trial court on the ground that respondent David allegedly employed fraud and deception in securing the replacement owners duplicate copies of the subject TCTs; that there was absence of due process; and, that the decision of the trial court was tainted with grave abuse of discretion amounting to lack of jurisdiction. The petition was later amended, with leave of court, to include as respondent Paramount Development Corporation of the Philippines (Paramount, for brevity) upon discovering that respondent David had executed on September 20, 1994, a deed of sale of the subject parcels of land in favor of Paramount. As a result of that sale, new certificates of title designated as TCT Nos. T-525664 and T-525665 were issued in the name of respondent Paramount in lieu of TCT Nos. T-72537 and T-72538 in the name of Alex L. David. On November 19, 1996, public respondent Court of Appeals rendered a decision dismissing the petition of petitioner Rexlon, the dispositive portion of which reads: WHEREFORE, in view of the foregoing, the petition is hereby DISMISSED for lack of merit. SO ORDERED.