G.R. No. 206540 - ALICE G. AFRICA, VS. INSURANCE SAVINGS AND INVESTMENT AGENCY, INC. (ISIA) REPRESENTED BY ITS PRESIDENT, DELIA DE BORJA; ACTING REGISTER OF DEEDS, LAS PINAS CITY, ATTY. ABRAHAM N. VERMUDEZ.

Ruling

WHEREFORE, in view of the foregoing, the instant petition is hereby GRANTED. The Registry of Deeds for Las Piñas City is hereby immediately commanded to proceed with the registration of the Deed of Absolute Sale dated 18 May 1981 executed by Sps. Wilso P. Orfinada and Lucresia Kiocho and [respondent] ISIA together with all supporting documents and thereafter, to cancel Transfer Certificate of Title No. 38910-A issued in the name of the Sps. Wilson P. Orfinada and Lucresia Kiocho, and in lieu thereof, to issue a new title to the subject property in the name of [ISIA]. Anent the Urgent Motion for Recording of Attorney's Lien filed by movant Atty. Antonio M. Chavez, the same is hereby DENIED due course as this can be filed properly in a separate action. [4] Africa and the Register of Deeds filed separate motions for reconsideration of the RTC's decision. Both Africa and the Register of Deeds argued that the existence of the "owner's duplicate copy" of TCT No. 38910-A, with annotation of Africa's affidavit thereon, claimed to be in Africa's possession precludes the registration of the subject property in ISIA's name since it would result to double titling. On this score, the RTC noted that Africa failed to present and attach a certified true copy of the purported "owner's duplicate copy" in her possession, in numerous instances, to wit: (1) The Affidavit in Entry No. 4115-28; (2) Africa's Vehement Comment/Opposition to the Petition; (3) Africa's Urgent Motion for Reconsideration despite the trial court's observation that she failed to attach a copy of the supposed title to her Opposition; (4) Africa's Urgent Motion for Voluntary Inhibition; and (5) the two hearings scheduled by the RTC, on 1 and 8 March 2013, for the sole purpose of having Africa present the title for examination by the Deeds and the trial court. [5] Prior to the scheduled 8 March 2013 hearing, Africa filed an "Urgent Motion to Dispense with the Appearance of Alice G. Africa to submit Owner's Duplicate Copy of TCT No. 38910-A" with a condition for the RTC to order the National Bureau of Investigation (NBI) to escort her copy. Curiously, Africa's counsel, on 5 March 2013, filed a motion attaching a photocopy of her alleged "owner's duplicate copy." However, the Register of of Deeds, upon a preliminary examination thereof on the scheduled 8 March 2013 hearing, found the document spurious. In the herein assailed Order [6] dated 26 March 2013, the RTC denied the separate motions for reconsideration of Africa and the Register of Deeds, and Africa's Urgent Motion to dispense with the Appearance of Alice G. Africa to submit the Owner's Duplicate Copy of TCT No. 38910-A. The RTC gave no evidentiary weight whatsoever to the copy of the document belatedly produced and presented by Africa's counsel: Court : Will you show that to the Register of Deeds. Are you familiar with this TCT? Atty. Vermudez : I haven't seen this, your Honor. Court : You haven't seen that? Atty. Vernudez : I haven't seen