VS. LAND REGISTRATION AUTHORITY.

Ruling

WHEREFORE, finding the application meritorious and it appearing that the applicants, Spouses Marciano [sic] and Erlinda Laburada, have a registrable title over the parcel of land described as Lot 3A, Psd-1372, the Court declares, confirms and orders the registration of their title thereto. As soon as this decision shall become final, let the corresponding decree be issued in the name of spouses Marciano [sic] and Erlinda Laburada, both of legal age, married, with residence and postal address at No. 880 Rizal Ave., Manila. After the finality of the decision, the trial court, upon motion of petitioners, issued an order [4] dated March 15, 1991 requiring the LRA to issue the corresponding decree of registration. However, the LRA refused. Hence, petitioners filed this action for mandamus. [5] Attached to the LRAs comment on the petition is a report dated April 29, 1992 signed by Silverio G. Perez, director of the LRA Department of Registration, which explained public respondents refusal to issue the said decree: [6] In connection with the Petition for Mandamus filed by Petitioners through counsel, dated August 27, 1991 relative to the above-noted case/record, the following comments are respectfully submitted: On March 6, 1990, an application for registration of title of a parcel of land, Lot 3-A of the subdivision plan Psd-1372, a portion of Lot 3, Block No. 159, Swo-7237, situated in the Municipality of San Felipe Neri, Province of Rizal was filed by Spouses Marciano [sic] Laburada and Erlinda Laburada; After plotting the aforesaid plan sought to be registered in our Municipal Index Sheet, it was found that it might be a portion of the parcels of land decreed in Court of Land Registration (CLR) Case Nos. 699, 875 and 817, as per plotting of the subdivision plan (LRC) Psd-319932, a copy of said subdivision plan is Annex A hereof; The records on file in this Authority show that CLR Case Nos. 699, 875 & 917 were issued Decree Nos. 240, 696 and 1425 on August 25, 1904, September 14, 1905 and April 26, 1905, respectively; On May 23, 1991, a letter of this Authority was sent to the Register of Deeds, Pasig, Metro Manila, a copy is Annex B hereof, requesting for a certified true copy of the Original Certificate of Title No. 355, issued in the name of Compania Agricola de Ultramar; On May 20, 1991, a certified true copy of the Original Certificate of Title (OCT) No. 355 was received by this Authority, a copy is Annex C hereof, per unsigned letter of the Register of Deeds of Pasig, Metro Manila, a copy is Annex D hereof; After examining the furnished OCT NO. 355, it was found that the technical description of the parcel of land described therein is not readable, that prompted this Authority to send another letter dated April 15, 1992 to the Register of Deeds of Pasig, Metro Manila, a copy is Annex E hereof, requesting for a certified typewritten copy of OCT No. 355, or in lieu thereof a certified copy of the subsisting certificate of title with