G.R. No. 250486 - TAGUMPAY REALTY CORPORATION, V. EMPIRE EAST LAND HOLDINGS, INC..D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, on May 8, 2013, a Deed of Conveyance was issued in favor of Tagumpay Realty. [7] Consequently, Tagumpay Realty became entitled to the issuance of a new CCT in its name. However, Empire East has not yet surrendered the duplicate copy of the CCT in its name to the Registry of Deeds of San Juan City. [8] As a result, on November 6, 2013, Tagumpay Realty filed before the RTC, Branch 264, a Petition [9] for the surrender of Owner's Duplicate of CCT No. 5903-R and, in case of refusal, the cancellation and the entry of a New Certificate of Title, citing Section 75 and 107 of P.D. No. 1529. On November 23, 2015, the RTC Branch 264 granted [10] the Petition: WHEREFORE, premises considered, the petition is GRANTED. Respondent Empire Estate Land Holdings, Inc. is hereby directed to surrender its duplicate copy of CCT No. 5903-R to respondent Registrar of Deeds of San Juan City [which], in turn, is ordered to enter a new certificate or memorandum upon such surrender in favor of petitioner Tagumpay Realty Corporation. Upon failure or refusal of respondent Empire Estate Land Holdings, Inc. to do so, the Register of Deeds City of San Juan is ordered to cancel CCT No. 5903-R and issue a new one in the name of petitioner. SO ORDERED . [11] However, on April 7, 2016, the RTC Branch 264 referred the Petition for mediation in the Philippine Mediation Center (PMC), pursuant to Section 2(a), Rule 18 of the 1997 Rules of Civil Procedure and the second Revised Guidelines for the implementation of mediation proceedings. Further, the RTC Branch 264 suspended the proceedings therein for 30 days from the date thereof, extendible for another 30 days subject to the approval of the court. [12] On June 21, 2016, the RTC Branch 264 denied Tagumpay Realty's Motion for Reconsideration of the April 7, 2016 Order. [13] The RTC Branch 264 ruled that due to the non-joinder of the issues at the time of the presentation of Tagumpay Realty's evidence, the proceedings, and the Order admitting the evidence presented during the said hearing and submitting the case for decision are null and void. Subsequently, Tagumpay Realty and Empire East filed their respective pleadings and motions in the proceedings below. The hearing was set on May 23, 2018. [14] In the meantime, on April 26, 2018, the RTC directed [15] Tagumpay Realty to show cause why its Petition should not be dismissed for non­ compliance with the second paragraph of Section 108 of P.D. No. 1529, which provides that all motions and petitions shall be filed in the original proceedings which entered the decree of registration. [16] The Ruling of the RTC On July 30, 2018, the RTC dismissed the Tagumpay Realty's petition: WHEREFORE, for failure to comply with the second paragraph of Section 108 of Presidential Decree No. 1529, the instant petition is dismissed, without prejudice. SO ORDERED.