G.R. No. 136588 - REPUBLIC OF THE PHILIPPINES, VS. PILAR ESTIPULAR.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, the appealed judgment is hereby AFFIRMED in toto ." [3] The decretal part of the Decision [4] of the Regional Trial Court affirmed by the CA is worded thus: "WHEREFORE, the Court finds the petition to be well-taken and supported by evidence. Hence, the petition is hereby GRANTED. The destroyed/burned original copy of Certificate of Title No. 154 is declared cancelled and the Register of Deeds of La Union is hereby directed to reconstitute in lieu thereof, the Original Certificate of Title No. 154, in favor of Fermin Estipular, which shall bear the annotation that the same is being issued in place of the destroyed/burned original copy in exactly the same terms and conditions using as basis the corresponding Owner's Duplicate Certificate of Title previously issued by the Registry of Deeds of La Union but shall in all respects be entitled to like faith and credit as the destroyed/burned original copy filed with the Registry Office, and shall thereafter be regarded as such for all purposes of the Property Registration Decree." [5] The Facts This case is rooted in a Petition for Reconstitution of Title filed by Pilar Estipular before the Regional Trial Court of La Union. The factual and the procedural antecedents of the case are summarized in the assailed CA Decision as follows: "In her Petition for Reconstitution of Title, the petitioner, Pilar Estipular, declared that she [was] the only surviving legal heir of the late Fermin Estipular, who died intestate in Caba, La Union. During his lifetime, Fermin was issued Certificate of Title No. 154 duly registered in his own name by the Register of Deeds of La Union covering a parcel of land located at Barrio Liquicia, Caba, La Union, with an area of 6.1253 hectares. The said Certificate of Title was either destroyed or burned as a result of the burning of the Register of Deeds of La Union during the last World War. Further, it was alleged that the aforesaid parcel of land was declared for taxation purposes by Fermin and his heirs; that said estate is not mortgaged to any financial institution; nor is there any document pending registration affecting the said land. As the land was already declared and distributed to ten persons who have succeeded him, the petitioner prayed that the said Certificate of Title be reconstituted in accordance with law. "On June 15, 1994, the court a quo ordered that a Notice of Hearing be published for two successive issues of the Official Gazette and be posted at the main entrance of the Municipal Building of Caba, La Union at least thirty (30) days from the initial hearing set for September 8, 1994 ( Records , p. 8). A Certificate of Posting was submitted by Branch Sheriff Romeo Obiena proving that copies of the Petition and Notice of Hearing were posted at the main entrance of Municipal Building of Caba, La Union ( Records , p. 9). However, the National Printing Office advised the lower court to reschedule its original date of hearing as it cou