G.R. No. 195726 - MARCELINO DELA PAZ, VS. REPUBLIC OF THE PHILIPPINES.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, the petition is hereby GRANTED. The Register of Deeds of Quezon City is hereby ordered to reconstitute the original copy of TCT No. 206714 in the name of Luz Dela Paz and to issue second owner's duplicate copy of the title to the petitioner Marcelino Dela Paz, based on the approved subdivision plan and technical description which may be used as basis for the inscription of the technical description of the reconstituted certificate, provided that the reconstituted title should be made subject to such encumbrance as may be subsisting, and provided further, that no certificate of title exists in the Register of Deeds of Quezon City. [6] The Assailed CA Rulings When the case was elevated before the CA, the RTC's decision was reversed and set aside, and the petition for reconstitution was dismissed. The CA was not convinced that the evidence adduced in support of the petition for reconsideration was enough. It held: First . The heirs of Luz Dela Paz, who allegedly executed the Extrajudicial Settlement and Deed of Absolute Sale relative to the subject property covered by TCT No. 206714 were not presented in court to acknowledge the same. The contract of sale was not even registered with the Register of Deeds as required under Section 3 of R.A. No. 26 for it to become a credible basis for the granting of [Marcelino]'s cause. Second W[e] observe that the Certification issued by the Quezon City Registry of Deeds relative to the alleged loss of the original of TCT No. 206714 due to fire that razed the City Hall on June 11, 1988 was a form document as the name of Luz Dela Paz and the number of the TCT were merely entered on the blanks therein provided. Further, it cannot be deduced from the wordings of the said certification that TCT No. 206714 was actually issued and registered under Luz Dela Paz. It states that " xxx the original of TCT No. 206714 allegedly registered under the name of Luz P. Dela Paz was/were not included among those saved titles during the fire that razed the Quezon City Hall Building last June 11, 1988 xxx ." Furthermore, it could hardly be concluded therefrom that TCT No. 206714 was indeed part of the Registry's, record. Although it was mentioned therein that TCT No. 204714 was not among those salvaged files during the fire incident, it does not necessarily follow that this document was among those records on file with the Quezon City Registry of Deeds. Third . It should be remembered that the original TCT No. 206714 was allegedly destroyed during the June 11, 1988 fire incident. The owner's duplicate copy was allegedly lost in 2001. From 1988 to 2001, the heirs of Luz Dela Paz did not bother to file a petition for the reconstitution of the damaged TCT. They even failed to execute an affidavit concerning the loss of their copy in 2001 when at that time they were the alleged owners and presumably in possession of said property. It was only when the subject lot was transferred to [Marcelino] and his mothe