G.R. No. 139881 - ERNESTO L. JARDELEZA, JR., GLENDA L. JARDELEZA-UY, AND GILDA LEDESMA-JARDELEZA, VS. THE HON. PRESIDING JUDGE, REGIONAL TRIAL COURT, 6TH JUDICIAL REGION, BRANCH 22, ILOILO CITY; AND ROLANDO L. JARDELEZA.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly petitioner demanded several times from Glenda Jardeleza-Uy who resides at the Jardeleza Building, Bonifacio Drive, Iloilo City, for the delivery to him of his owner's copy but the latter failed and refused and continues to fail and refuse to do so, without justifiable reason; the latest demand is hereto attached as Annex "B" and made part of this petition; "7. That up to the present, said owner's copy of TCT No. 114669, is still in the possession of Glenda Jardeleza-Uy who has not shown any willingness to deliver it to the petitioner who is entitled to it, which act prejudices the right of the petitioner to have such Certificate of Title." [5] On March 3, 1997, petitioners filed with the trial court an "opposition and/or motion to dismiss." [6] On March 20, 1997, the trial court denied petitioners' motion to dismiss for lack of merit. [7] On April 18, 1997, petitioners filed with the trial court a motion for reconsideration. [8] On April 23, 1997, respondent Rolando L. Jardeleza opposed the motion. [9] However, without resolving petitioners' motion for reconsideration, on July 29, 1997, the trial court ordered Glenda Jardeleza-Uy to surrender to the branch clerk of court the owner's duplicate certificate of title No. T-114669, covering Lot No. 3303-B of the Cadastral Survey of Iloilo, subject to the outcome of Civil Case No. 23297 pending in the Regional Trial Court, Branch 30, Iloilo City. [10] On November 24, 1997, petitioners filed with the Court of Appeals a petition for certiorari assailing the above orders of the trial court as having been issued with grave abuse of discretion, amounting to lack or excess of jurisdiction. [11] On November 16, 1998, the Court of Appeals promulgated a decision that denied the petition with costs. [12] On December 21, 1998, petitioners filed with the Court of Appeals a motion for reconsideration of the denial. [13] On July 29, 1999, the Court of Appeals denied the motion. [14] Hence, this appeal. [15] The Issue The issue raised is whether petitioner could be required to surrender to the branch clerk of court the owner's duplicate certificate of title involved in a litigation to quiet title while the main case is still pending. The Court's Ruling In Civil Case No. 23297 involving a controversy between the private respondent and petitioners, respondent filed with the trial court an incidental petition docketed in the original cadastral case praying that an order be issued citing and ordering Glenda Jardeleza-Uy to deliver to petitioner his owner's copy of Transfer Certificate of Title No. T-114669 covering Lot 3303-B, or in the alternative if this be not feasible, to declare the owner's copy as null and void, and to order the Register of Deeds to issue a substitute owner's copy of the certificate of title in lieu of the nullified one. [16] It is obvious that Civil Case No. 23297 between the parties involved the issue of ownership of Lot No. 3303-B. The case will adjudicate all issues and incidents of