G.R. NO. 163994 - EASTWORLD MOTOR INDUSTRIES CORPORATION, REPRESENTED BY ITS PRESIDENT, PETER TY, VS. SKUNAC CORPORATION, REPRESENTED BY ITS ALLEGED PRESIDENT LARRY LIM; AND MIGUEL LIM.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, foregoing premises considered, the Petition is hereby GRANTED . Resultantly, the assailed order of x x x RTC, Branch 4, Manila in LRC Case 309 is declared NULL and VOID for having been issued without jurisdiction. The Register of Deeds of Manila is ordered to cancel the new owner's duplicate copies pursuant to the assailed order. The writ of injunction issued is hereby made permanent. x x x Miguel Lim is ordered to pay [respondent corporation] attorney's fees in the amount of P150,000.00 and to pay the costs. "The Intervention of Eastworld is hereby ordered DISMISSED. " [4] The assailed Resolution denied petitioner's Motion for Reconsideration. The Facts The CA narrates the facts as follows: "Sometime in February 2, 2001, x x x Miguel Lim, then presenting himself as [p]resident of [respondent] corporation filed with x x x [the] Regional Trial Court, Branch 4, Manila[,] a petition for the issuance of a new transfer certificate of title in lieu of the lost TCT No. 207104 pursuant to RA 26 as amended by P.D. 1425. "As one of the jurisdictional requirements, [Miguel Lim] executed an affidavit of loss and also attached a [photocopy] of the alleged title to the petition. "On the basis of said proofs and compliance of other jurisdictional requirements[, the trial] court issued an order on March 7, 2001, setting the petition for ex-parte reception of evidence before LRA Clerk of Court Atty. Josefina L. Montañer. The reception of evidence was set on March 28, 2001, transcript of said proceedings [was] attached to [the] records. "On May 22, 2001, [the trial] court issued an order directing the Register of Deeds of Manila to issue a new owner's duplicate of TCT No. 207104 in lieu of the lost one and to deliver the same to [Miguel Lim or his] authorized representative. A copy of said order was served upon a hand written request of [Miguel Lim] and on June 25, 2001 a certificate of finality was issued by the chief, clerks of court division of the Land Registration Authority. "As a consequence, [a petition to annul order and injunction with prayer for a temporary restraining order was filed with the CA] with the lone issue raised, to wit: 'ISSUE WHETHER OR NOT THE ORDER RENDERED BY THE REGIONAL TRIAL COURT OF MANILA, BRANCH 4 IS NULL AND VOID FOR LACK OF JURISDICTION.' "In support of its submission, [respondent corporation] advance[d] the following arguments: 'DISCUSSION/ARGUMENTS "In the above-mentioned Affidavit of Loss, x x x Miguel Lim falsely asserted that the owner's duplicate copy of TCT No. 207104 was lost. "x x x Miguel Lim's above averment is a total lie, calculated to mislead the Regional Trial Court of Manila into issuing a new owner's duplicate copy of TCT No. 207104. "The truth of the matter is that x x x Miguel Lim was fully cognizant that the owner's duplicate copy of TCT No. 207104 is in the custody and possession of Larry Lim, President of [respondent]-corporation. "Miguel Lim was never in custody or possession of the said title. "