527 Phil. 571
CARPIO, J.:
COMES NOW the Land Registration Authority and to the Honorable Court respectfully reports that:
(1) The present petition seeks the reconstitution of Transfer Certificate of Title No. 252708, allegedly lost or destroyed and supposedly covering Lots 12, 13, 14, 15, & 16 all of Blocks 5, of (LRC) Psd-4786, respectively, on the basis of the owner's duplicate thereof, reproductions of which, not certified by the clerk of Court, as required under LRC circular 35, Series of 1983, were submitted to this Authority.
(2) The technical description of the consolidation of Lots, 12, 13, 14, 15 & 16 all of Block 5, Psd-4786, appearing in the reproduction of Transfer Certificate of Title No. 252708, respectively, have been examined and verified against the technical description on file in the Volume 2753 in the Vault Section Docket Division, this Authority. Said technical description when plotted in the Municipal Index Sheet No. 3669-C do [sic] not appear to overlap previously plotted/decreed properties in the area.
The technical description of Lot 1, Pcn-04-000007 of the cosolidation [sic] of Lots 12, 13, 14, 15 & 16 of Block 5, appearing in the reproductions of Transfer Certificate of Title No. 252708, respectively have been examined and verified against the Lot Description on file in the vault section, Docket Division, this Authority. Said technical descriptions when plotted in the Municipal Index Sheet No. 3669-C do not appear to overlap previously plotted/decreed properties in the area.
WHEREFORE, the foregoing information anent the lots in question is respectfully submitted for consideration in the resolution of the instant petition, and if the Honorable Court, after notice and hearing, finds justification pursuant to Section 15 of the Republic Act No. 26 to grant the same, the owners [sic] duplicate of Transfer Certificate of Title No. 252708 may be used as sources [sic] of the desired reconstitution pursuant to Section 3 (a) of said Act. Provided, however, that in case the petition is granted, the reconstituted title should be made subject to such encumbrances as maybe subsisting, and provided, further, that no certificate of title covering the same parcels of land exists in the office of the Register of Deeds Concerned [sic].
Quezon City, Philippines, September 5, 1996.REYNALDO Y. MAULITAdministratorBy:[Sgd.]
BENJAMIN M. BUSTOS
Reconstituting Officer & Chief,
Reconstitution Division[8]
COMES NOW the Land Registration Authority, and to the Honorable Court respectfully reports that:On 24 March 1998, petitioner filed a Manifestation and Motion to set aside the 28 October 1996 Order. Petitioner contended that considering the Second Report, respondents' petition should be considered as having been filed under Section 3(f)[10] of RA 26, that is, based on "any other document." Petitioner pointed out that under Section 13[11] in relation to Section 12[12] of RA 26, the notice of a petition for reconstitution of lost or destroyed titles based on Section 3(f) should not only be published and posted but also served on, among others, the owners of the adjoining properties. For non-compliance with this requirement, the trial court did not acquire jurisdiction over LRC Case No. Q-96-8296.
(1) The above-entitled case appears to seek the reconstitution of Transfer Certificate of Title No. 252708 allegedly lost or destroyed and supposedly covering Lot 1, Pcn-04-000007, situated at Quezon City, as indicated in the copy of the Notice of Hearing dated May 30, 1996, submitted to this Authority. Attached also to our records of this case is a xerox copy of the purported Transfer Certificate of Title No. 252708 covering Lot 1, Pcn-04-000007 in the name of Marina Sanchez, not certified by the Clerk of Court, as required under LRC Circular 35, Series of 1983.
(2) In the 1st Indorsement dated October 21, 1997 of Engr. Alberto H. Lingayo, Acting Chief, Ordinary and Cadastral Decree Division, this Authority, xerox copy attached as Annex "A", the following information are stated relative to the above-entitled petition and its enclosures[] to wit:
1. On or about October 1, 1997, a certain Marvin Bautista came to this office to inquire about the above petition, showing a copy of the reconstituted title No. RT-115027 (252708) and a copy of a report purportedly issued by this Authority, xerox copies attached as Annexes "B" & "C";
2. We checked our records and found out that on August 6, 1996, we sent a letter to the Clerk of Court requiring petitioner to submit to this Authority, certain documents, however, petitioner has not yet complied as of this date, hence, we could not have rendered a report, xerox copy attached as Annex "D";
3. On October 2, 1997, we secured from the RTC Branch 225, Quezon City, certified copies of pertinent documents relative to the above-petition and found out that there is indeed a copy of a fake LRA Report, copies attached hereto;
4. Initial verification of the purported TCT No. 252708 reveals that the same is a questionable title, because, among other reasons, the Serial No. 3002163 appearing on the face of the certificate pertains to x x x judicial forms issued to the Registry of Deeds of Manila on January 13, 1976, as per records on file at the Property Section, this Authority; and it overlaps properties covered by TCT Nos. 187042 and 187040 when plotted on our Municipal Index Map.
5. It is suggested that this case be referred to proper authorities for investigation and prosecution of the perpetrators, and that the order of reconstitution rendered by the court be recommended vacated or set aside because it was obtained through fraud and forgery.
WHEREFORE, the foregoing observation anent the lot in question is respectfully submitted for the information and guidance of the Honorable Court, with the recommendation that the order of reconstitution rendered relative to the purported Transfer Certificate of Title No. 252708 be ordered vacated or set aside and the corresponding title that was issued be declared null and void.
That the person[] or persons responsible for the reconstitution of this questionable title be investigated and if evidence warrants be charged or prosecuted in Court.
Quezon City, Philippines, October 24, 1997.REYNALDO Y. MAULIT
AdministratorBy:
[Sgd.]
BENJAMIN M. BUSTOS
Reconstituting Officer and
Chief, Reconstitution Division[9]
Records reveal, x x x, that TCT No. 25[2]708, the title to be reconstituted, overlaps TCT Nos. 187040 and 187042. Petitioners' design of having their title reconstituted, notwithstanding the fact that the same is covered in two other titles, eludes the comprehension of this Court.Respondents sought reconsideration but the trial court denied their motion on 4 January 1999.
x x x x
The unscrupulous manner by which the petitioners misled the Court is glaring in two (2) instances, to wit: 1) the petition unceremoniously omitted the names of the registered owners of TCT Nos. 187040 and 187042; and 2) the spurious LRA Report submitted by the petitioners.
This Court is of the view that the failure to notify the registered owners of TCT Nos. 187040 and 187042 of the Reconstitution proceeding proved to be a mistake.
Section 13, Republic Act No. 26 x x x provides that "x x x x The Court shall likewise cause a copy of the notice to be sent, by registered mail or otherwise, at the expense of the petitioner, to every person named therein whose address is known, at least thirty days prior to the date of the hearing. Said notice shall state among other things, the number of the lost or destroyed certificate[] of title[,] if known, the name of the registered owner, the name[s] of the occupants or persons in possession of the property, the owner[s] of the adjoining properties and all other interested parties, the location, area and boundaries of the property, and the date on which all persons having any interest therein, must appear and file their claim o[r] objection to the petition. The petitioner shall, at the hearing, submit proof of the publication, posting and service of the notice as directed by the court."
Petitioners' failure to comply with this provision is a fatal defect for the same is mandatory and jurisdictional (Ortigas and Company Limited Partnership vs. Velasco, 234 SCRA 435).
When this Court issued the questioned order dated October 28, 1996, it was under the impression that there was no legal impediment for the reconstitution of TCT No. 252708. Had it been apprised at that time that the LRA report submitted by the petitioner was spurious then it would not have issued the same.[15] (Italicization in the original)
The motion to set aside the [28 October 1996 Order] contemplates a petition for relief from a final order entered against a party in any court through fraud, accident, mistake, or excusable negligence under Rule 38 of the 1997 Rules of Civil Procedure, which must be filed within sixty (60) days after the petitioner learns of the final order, and not more than six (6) months after such final order was entered, and must be accompanied with affidavits showing the fraud, accident, mistake, or excusable negligence relied upon, and the facts constituting the petitioner's good and substantial cause of action or defense, as the case may be.Petitioner sought reconsideration but the appellate court denied its motion in the Resolution of 17 November 2000.
x x x x
As mentioned previously, the LRA, represented by the OSG, contends that notice of the petition should have been served on adjoining landowners as one of the jurisdictional requirements, since the Authentic LRA Report of 24 October 1997 found petitioners' title to be a fake title. However, a mere LRA Report cannot declare a certificate of title spurious without the proper court declaring its nullity and cancellation. A certificate of title cannot be subject to collateral attack and can be altered, modified or cancelled only in a direct proceeding in accordance with law. Incidentally, private respondents filed an action for quieting of title, nullity of title (viz., TCT No. 252708), recovery of possession and damages against petitioners, which is still pending before Branch 227, Regional Trial Court of Quezon City. Until the trial court declares TCT No. 252708 to be void and orders its cancellation, [w]e cannot but recognize the validity of the same. Granting that a suspicion or cloud of doubt was cast on the genuineness and authenticity of petitioners' certificate of title, the same was brought to the fore belatedly. A Certificate of Finality had already been issued on 06 January 1997. Presumably, the proper parties received a copy of the Order dated 28 October 1996 on or before 21 December 1996. Entry of Judgment having been made on 06 January 1997, a petition for relief from judgment should have been filed on or before 05 July 1997. The Manifestation and Motion was only filed on 24 March 1998, long after the order of reconstitution had become final and a reconstituted title actually issued petitioners. There having been no sufficient evidence to discredit petitioners' duplicate of the certificate of title within the time to appeal, move for new trial or file a petition for relief, there is no need to serve notice of the petition on the adjoining landowners under Section 13 of RA No. 26. Said section applies only when the source of reconstitution is other than the owner's duplicate of the certificate of title. x x x x Thus, at the time the Order of 28 October 1996 was rendered, respondent court was properly clothed with jurisdiction. After said order became final, and the petition for relief having been foreclosed against aggrieved parties, respondent judge was without jurisdiction to entertain the attack against the order of reconstitution. x x x x
Moreover, it must be remembered that the fallo of the Decision dated 28 October 1996 contains a caveat, i.e., "provided, however, that no certificate of title covering the same parcel of land exists in the office of the Register of Deeds." The reconstituted title issued petitioners militates against any doubt or suspicion cast on their title. The Registrar of Deeds concerned would not have issued a reconstituted title had the land covered by TCT No. 252708 already been covered by another certificate of title. Thus, [w]e reiterate, until Branch 227, Regional Trial Court of Quezon City declares TCT No. 252708 to be void and orders its cancellation, [w]e cannot but recognize the validity of the same.
The allegation of fraud requires a higher burden of persuasion, but this Court maintains that the reconstitution proceeding, which has now become final, is not the proper forum to thresh out the same. It is a fundamental rule that when a final judgment becomes executory, it thereby becomes immutable and unalterable and any amendment or alteration which substantially affects a final and executory judgment is null and void for lack of jurisdiction, including the entire proceedings held for that purpose. Thus, it is as if no Manifestation and Motion was filed and no suspicion or cloud of doubt was cast on the genuineness and authenticity of petitioners' certificate of title by the presentation of the LRA Report of 24 October 1997.[16]
[T]he first sentence of Section 13 provides that the requirements therein pertain only to petitions for reconstitution filed under "the preceding section," Section 12, which in turn governs those petitions based on specified sources. We quote Section 12 below:However, contrary to respondents' claim, Puzon finds no application here. No report from a pertinent government agency challenging the authenticity of Puzon's duplicate certificates of title was presented in Puzon. Thus, when Branch 80 granted reconstitution, Puzon's duplicate transfer certificates of title remained unchallenged.[20]"SEC. 12. Petition for reconstitution from sources enumerated in Section 2(c), 2(d), 2(e), 2(f), 3(c), 3(d), 3(e), and/or 3(f) of this Act, shall be filed with the proper Court of First Instance, by the registered owner, his assigns, or any person having an interest in the property. The petition shall state or contain, among other things, the following: x x x (e) the name and addresses of the occupants or persons in possession of the property, of the owners of the adjoining properties and of all persons who may have interest in the property; x x x x All the documents, or authenticated copies thereof, to be introduced in evidence in support to the petition for reconstitution shall be attached thereto and filed with the same: Provided, That in case the reconstitution is to be made exclusively from sources enumerated in Section 2(f) or 3(f) of this Act, the petition shall be further accompanied with a plan and technical description of the property duly approved by the Commissioner of Land Registration, or with a certified copy of the description taken from a prior certificate of title covering the same property."In other words, the requirements under Sections 12 and 13 do not apply to all petitions for judicial reconstitution, but only to those based on any of the sources specified in Section 12, that is, "sources enumerated in Section 2(c), 2(d), 2(e), 2(f), 3(c), 3(d), 3(e), and/or 3(f) of this Act."Sections 2 and 3 of RA 26 provide as follows:"SEC. 2. Original certificates of title shall be reconstituted from such of the sources hereunder enumerated as may be available, in the following order:
(a) The owner's duplicate of the certificate of title;
(b) The co-owner's, mortgagee's, or lessee's duplicate of the certificate of title;
(c) A certified copy of the certificate of title, previously issued by the register of deeds or by a legal custodian thereof;
(d) An authenticated copy of the decree of registration or patent, as the case may be, pursuant to which the original certificate of title was issued;
(e) A document, on file in the registry of deeds, by which the property, the description of which is given in said document, is mortgaged, leased or encumbered, or an authenticated copy of said document showing that its original had been registered; and
(f) Any other document which, in the judgment of the court, is sufficient and proper basis for reconstituting the lost or destroyed certificate of title."SEC. 3. Transfer certificates of title shall be reconstituted from such of the sources hereunder enumerated as may be available, in the following order:
(a) The owner's duplicate of the certificate of title;
(b) The co-owner's, mortgagee's or lessee's duplicate of the certificate of title;
(c) A certified copy of the certificate of title, previously issued by the register of deeds or by a legal custodian thereof;
(d) The deed of transfer or other document on file in the registry of deeds, containing the description of the property, or an authenticated copy thereof, showing that its original had been registered, and pursuant to which the lost or destroyed transfer certificate of title was issued;
(e) A document, on file in the registry of deeds, by which the property the description of which is given in said documents, is mortgaged, leased or encumbered, or an authenticated copy of said document showing that its original had been registered; and
(f) Any other document[] which, in the judgment of the court, is sufficient and proper basis for reconstituting the lost or destroyed certificate of title." x x x
In the present case, the source of the Petition for the reconstitution of title was petitioner's duplicate copies of the two TCTs mentioned in Section 3(a). Clearly, the Petition is governed, not by Sections 12 and 13, but by Section 10 of RA 26. We quote said Section 10 in full:
"SEC. 10. Nothing hereinabove provided shall prevent any registered owner or person in interest from filing the petition mentioned in Section Five of this Act directly with the proper Court of First Instance, based on sources enumerated in Section 2(a), 2(b), 3(a), 3(b), and/or 4(a) of this Act: Provided, however, That the Court shall cause a notice of the petition, before hearing and granting the same, to be published in the manner stated in Section Nine hereof: And provided, further, That certificates of title reconstituted pursuant to this section shall not be subject to the encumbrance referred to in Section Seven of this Act."
Nothing in this provision requires that notices be sent to owners of adjoining lots. Verily, that requirement is found in Section 13, which does not apply to petitions based on an existing owner's duplicate TCT.
Put differently, Sections 9 and 10 of RA 26 require that 30 days before the date of hearing, (1) a notice be published in two successive issues of the Official Gazette at the expense of the petitioner, and (2) such notice be posted at the main entrances of the provincial building and of the municipal hall where the property is located. The notice shall state the following: (1) the number of the certificate of title, (2) the name of the registered owner, (3) the names of the interested parties appearing in the reconstituted certificate of title, (4) the location of the property, and (5) the date on which all persons having an interest in the property, must appear and file such claims as they may have.
For petitions based on sources enumerated in Sections 2(c), 2(d), 2(e), 2(f), 3(c), 3(d), 3(e) and 3(f), Section 13 adds another requirement: that the notice be mailed to occupants, owners of adjoining lots, and all other persons who may have an interest in the property. To repeat, mailing the notice is not required for a petition based on Sections 2(a), 2(b), 3(a), 3(b) and 4(a), as in the present case.
x x x x
[T]here is no question that in [petitions for] reconstitution involving Sections 12 and 13 of RA 26], notices to adjoining owners and to the actual occupants of the land are mandatory and jurisdictional. But in petitions for reconstitution falling under Sections 9 and 10 of RA 26 where, as in the present case, the source is the owner's duplicate copy, notices to adjoining owners and to actual occupants of the land are not required. When the law is clear, the mandate of the courts is simply to apply it, not to interpret or to speculate on it.
In sum, RA 26 separates petitions for reconstitution of lost or destroyed certificates of title into two main groups with two different requirements and procedures. Sources enumerated in Sections 2(a), 2(b), 3(a), 3(b), and 4(a) of RA 26 are lumped under one group (Group A); and sources enumerated in Sections 2(c), 2(d), 2(e), 2(f), 3(c), 3(d), 3(e), and 3(f) are placed together under another group (Group B). For Group A, the requirements for judicial reconstitution are set forth in Section 10 in relation to Section 9 of RA 26; while for Group B, the requirements are in Sections 12 and 13 of the same law.[19] (Italicization in the original; boldfacing supplied)
In the instant case, the change in the number of the certificate of title sought to be reconstituted from T-12/79 to TCT No. 42449 rendered at once the authenticity or genuineness of respondent's certificate of title under suspicion or cloud of doubt. And since respondent alleges that the technical descriptions under both certificates of title are identical and the same, x x x, We hold that the instant petition for judicial reconstitution falls squarely under Section 3(f), Republic Act No. 26, because the Director of Lands claims that the respondent's duplicate of the Certificate of Title No. T-12/79 or TCT No. 42449 are [sic] both fake and fictitious.[24] (Emphasis supplied)Consequently, we applied Sections 12 and 13 of RA 26 and held that for non-compliance with these provisions, the trial court did not acquire jurisdiction over the petition for reconstitution.
To ascertain whether a court has jurisdiction or not, the provisions of the law should be inquired into (Auyong vs. Hon. Court of Tax Appeals, L-25181, Jan. 11, 1967, 19 SCRA 10). In all cases where the authority of the courts to proceed is conferred by a statute and when the manner of obtaining jurisdiction is mandatory and must strictly be complied with, or the proceedings will be utterly void (Caltex, et al. vs. CIR, et al., L-28472, April 30, 1968, 23 SCRA 492). So that where there is defect of publication of petition, such defect deprives the court of jurisdiction (Po vs. Republic, L-27443, July 19, 1971, 40 SCRA 37). And when the court a quo lacks jurisdiction to take cognizance of a case, the same lacks authority over the whole case and all its aspects (Development Bank of the Phils. Employees Union vs. Juan Perez, L-22584 and L-23083, May 30, 1972, 45 SCRA 179, 187). Further, absent jurisdiction the court cannot pass upon the merits of the petition (Pinza vs. Aldovino, 25 SCRA 220, 224).On the particular requirement of service of notice to all interested parties, we held in the earlier case of Manila Railroad Company v. Moya:
In the case at bar, the jurisdiction or authority of the Court of First Instance is conferred upon it by Republic Act 26 entitled "An Act providing a special procedure for the reconstitution of Torrens Certificates of Title lost or destroyed," approved on September 25, 1946. The Act specifically provides the special requirements and mode of procedure that must be followed before the court can act on the petition and grant to the petitioner the remedy sought for. These requirements and procedure are mandatory. The petition for reconstitution must allege the jurisdictional facts; the notice of hearing must also be published and posted in particular places and the same sent to specified persons. Specifically, the requirements and procedure are set forth in detail under Sections 12 and 13 of the Act [.] x x x x[32] (Emphasis supplied)
It is clear from section 13 of Republic Act No. 26 that notice by publication is not sufficient under the circumstances. Notice must be actually sent or delivered to parties affected by the petition for reconstitution. The order of reconstitution, therefore, having been issued without compliance with the said requirement, has never become final as it was null and void. The Manila Railroad cannot then complain that the motion to set aside was filed beyond the reglementary period.[33] (Emphasis supplied)We have since reiterated this ruling in Ortigas & Company Limited Partnership v. Velasco[34] and Puzon.
x x x a void judgment is not entitled to the respect accorded to a valid judgment, but may be entirely disregarded or declared inoperative by any tribunal in which effect is sought to be given to it. It is attended by none of the consequences of a valid adjudication. It has no legal or binding effect or efficacy for any purpose or at any place. It cannot affect, impair or create rights. It is not entitled to enforcement and is, ordinarily, no protection to those who seek to enforce. All proceedings founded on the void judgment are themselves regarded as invalid. In other words, a void judgment is regarded as a nullity, and the situation is the same as it would be if there were no judgment. It, accordingly, leaves the parties litigants in the same position they were in before the trial.[37]Guided by this rule, we had set aside so-called "final" reconstitution Orders for being void for non-compliance with Section 13 of RA 26 where the Orders were challenged either through a motion filed in the trial court issuing the reconstitution order[38] or through a petition under Rule 47 of the Rules of Court filed with the Court of Appeals.[39] Here, petitioner availed of the former remedy.[40]
The efficacy and integrity of the Torrens System must be protected and preserved to ensure the stability and security of land titles for otherwise land ownership in the country would be rendered erratic and restless and can certainly be a potent and veritable cause of social unrest and agrarian agitation. x x x x The real purpose of the Torrens System which is to quiet title to the land must be upheld and defended, and once a title is registered, the owner may rest secure, without the necessity of waiting in the portals of the court or sitting in the mirador de su casa to avoid the possibility of losing his land.[44]WHEREFORE, we GRANT the petition. We SET ASIDE the Decision dated 31 August 2000 and the Resolution dated 17 November 2000 of the Court of Appeals. We ENTER a new judgment declaring the reconstitution proceedings in LRC Case No. Q-96-8296 VOID for lack of jurisdiction. Accordingly, we declare VOID the Order dated 28 October 1996 of the Regional Trial Court of Quezon City, Branch 225 and the reconstituted Transfer Certificate of Title No. RT-115027 (252708). We direct the Register of Deeds of Quezon City to CANCEL Transfer Certificate of Title No. RT-115027 (252708).