530 Phil. 255
CALLEJO, SR., J.:
WHEREFORE, the court, finding the documentary and parole evidence adduced to be adequate and sufficiently persuasive to warrant the reconstitution of Transfer Certificate of Title No. 17100, and pursuant to Section 110, PD 1529 and Sections 2(a) and 15 of R.A. 26, hereby directs the Register of Deeds of Lingayen, Pangasinan to reconstitute the office file copy of Transfer Certificate of Title No. 17100 covering the subject lot in the name of the registered owner-spouses Marciano Racadio and Emiliana Galima as appearing in the owner's duplicate copy of TCT No. 17100, without prejudice to the annotation of subsisting rights or interests not duly noted in these proceedings, if any, and the right of the Administrator, Land Registration Authority, as provided for in Section 16, Land Registration Commission (now NALDTRA) Circular No. 35 dated June 13, 1983.The Republic of the Philippines, through the Office of the Solicitor General (OSG), as appellant, appealed the decision to the CA.
SO ORDERED.[23]
After a thorough consideration of both parties' contentions, [w]e are convinced that the instant appeal is impressed with merit.Petitioners filed a motion for reconsideration, which the appellate court resolved to deny on September 28, 2004.[29]
We give utmost consideration to the fact that the owner's duplicate copy presented by appellee was not duly signed by the Register of Deeds. This defect was neither clarified nor justified by appellee both before the lower court and before Us on appeal. Appellee merely explained that what was presented before the court was a duplicate original, and thus, need not be authenticated. Such explanation, however, does not change the fact that the owner's duplicate does not contain the Register of Deeds' signature, making the title inherently flawed.
Under Section 41, Act No. 496, it is provided that:"Immediately upon the entry of the decree of registration the clerk shall send a certified copy thereof, under the seal of the court to the register of deeds for the province, or provinces or city in which the land lies, and the register of deeds shall transcribe the decree in a book to be called the "Registration Book," in which a leaf, or leaves, in consecutive order, shall be devoted exclusively to each title. The entry made by the register of deeds in this book in each case shall be the original certificate of title, and shall be signed by him and sealed with the seal of the court. All certificates of title shall be numbered consecutively, beginning with number one. The register of deeds in each case make an exact duplicate of the original certificate, including the seal, but putting on it the words "owner's duplicate certificate," and deliver the same to the owner or to his attorney duly authorized. In case of a variance between the owner's duplicate certificate and the original certificate, the original shall prevail. The certified copy of the decree of registration shall be filed and numbered by the register of deeds with a reference noted on it to the place of record of the original certificate of title: Provided, however, That when an application includes land lying in more than one province or one province and the city of Manila, the court shall cause the part lying in each province or in the city of Manila to be described separately by metes and bounds in the decree of registration, and the clerk shall send to the register of deeds of each province, or the city of Manila, as the case may be, a copy of the decree containing a description of the land within that province or city, and the register of deeds shall register the same and issue an owner's duplicate therefor, and thereafter for all matters pertaining to registration under this Act the portion in each province or city shall be treated as a separate parcel of land." (Emphasis supplied)Without the signature of the Register of Deeds, the owner's duplicate copy presented by appellee as basis for the reconstitution could definitely be categorized as spurious and of dubious origin. It would be very difficult to support and uphold the validity of a public document which does not bear the signature of the official in charge of the office which issued such document. In all candidness, the trial court should have been more circumspect in appraising the value of the document presented before it. Although no person came forward to contest the reconstitution of the subject title even after the requirements of posting and publication have been complied with, the duplicate copy presented by appellee, on its face, is apparently flawed. In addition, the manner the title number was written should have also alarmed the trial court as it was obviously different from the other entries in the title.[28]
The sole issue is whether or not the owner's duplicate which does not bear the signature of the Register of Deeds is a competent source on which a reconstitution of a title certificate may be based.
- It is respectfully submitted that the issue submitted for resolution by petitioner as ground for the review of the assailed Court of Appeals' Decision is totally irrelevant and immaterial to the sole and primordial issue in cases of reconstitution of the original copy of certificates of title on file with the Registry of Deeds, i.e., whether or not petitioner presented a competent source for the reconstitution of the certificate of title.
- It is respectfully submitted that the Court of Appeals did not err when it declared that petitioner's owner's duplicate copy is not a competent source for the reconstitution of the original copy of Transfer Certificate of Title No. 17100, the same being not duly signed by the issuing Register of Deeds and its number being handwritten. Petitioner failed to explain such defect/irregularity.
While public documents, e.g., owner's duplicate copy of certificate of title, are admissible in evidence without further proof of their due execution or genuineness (Antillon vs. Barcelon, 37 Phil. 148 [1917]), the rule does not apply where, on its face, such documents are not authenticated by the official signature and seal which they are supposed to bear. Thus, while petitioner may argue that the subject property is covered by a certificate of title which was lost/destroyed, she is also duty-bound to present a competent source for its reconstitution. This, petitioner failed to do. Thus, no error may be attributed to the Court of Appeals when it reversed and set aside the RTC Decision dated January 26, 2000.[31]
Sec. 9. A registered owner desiring to have his reconstituted certificate of title freed from the encumbrance mentioned in section seven of this Act, may file a petition to that end with the proper Court of First Instance, giving his reason or reasons therefor. A similar petition may, likewise, be filed by a mortgagee, lessee or other lien holder whose interest is annotated in the reconstituted certificate of title. Thereupon, the court shall cause a notice of the petition to be published, at the expense of the petitioner, twice in successive issues of the Official Gazette, and to be posted on the main entrance of the provincial building and of the municipal building of the municipality or city in which the land lies, at least thirty days prior to the date of hearing, and after hearing, shall determine the petition and render such judgment as justice and equity may require. The notice shall specify, among other things, the number of the certificate of title, the name of the registered owner, the names of the interested parties appearing in the reconstituted certificate of title, the location of the property, and the date on which all persons having an interest in the property must appear and file such claim as they may have. The petitioner shall, at the hearing, submit proof of the publication and posting of the notice. (Emphasis supplied)In a catena of cases,[32] the Court has ruled that the requirements under Rep. Act No. 26 are indispensable and must be strictly complied with.[33] In this case, petitioners failed to cause the posting of the trial court's Order dated January 11, 1999 at the main entrance of the Provincial Capitol of Lingayen and at the Municipal Hall of Villasis; consequently, the trial court did not acquire any jurisdiction over the petition for reconstitution.
Sec. 10. Nothing hereinbefore 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 Sections 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.
SHERIFF'S RETURN
In compliance with the Order of this Court dated August 12, 1998, issued by the Honorable Court in the above-entitled case, the undersigned has caused the posting of the copies of Order and Petition and its Annexes in the following places:Villasis, Pangasinan, this 20th day of August, 1998.
- Bulletin Board, RTC-Br. 50, Villasis, Pangasinan.
- Provincial Capitol, Lingayen, Pangasinan.
- The Registry of Deeds, Lingayen, Pangasinan.
- Municipal Hall, Villasis, Pangasinan.
Signature
RODOLFO A. ALCANTARA, JR.
Sheriff IV[37]
(a) The owner's duplicate of the certificate of title;Petitioners were burdened to prove the execution or existence of the original copy of TCT No. 17100 which is the copy on file in the Office of the Register of Deeds, and the contents thereof.[38]
(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 Register 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 Register 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.
"Immediately upon the entry of the decree of registration the clerk shall send a certified copy thereof, under the seal of the court to the register of deeds for the province, or provinces or city in which the land lies, and the register of deeds shall transcribe the decree in a book to be called the "Registration Book," in which a leaf, or leaves, in consecutive order, shall be devoted exclusively toe ach title. The entry made by the register of deeds in this book in each case shall be the original certificate of title, and shall be signed by him and sealed with the seal of the court. All certificates of title shall be numbered consecutively, beginning with number one. The register of deeds in each case make an exact duplicate of the original certificate, including the seal, but putting on it the words "owner's duplicate certificate," and deliver the same to the owner or to his attorney duly authorized. In case of a variance between the owner's duplicate certificate and the original certificate the original shall prevail. The certified copy of the decree of registration shall be filed and numbered by the register of deeds with a reference noted on it to the place of record of the original certificate of title: Provided, however, That when an application includes land lying in more than one province or one province and the city of Manila, the court shall cause the part lying in each province or in the city of Manila to be described separately by metes and bounds in the decree of registration, and the clerk shall send to the register of deeds of each province, or the city of Manila, as the case may be, a copy of the decree containing a description of the land within that province or city, and the register of deeds shall register the same and issue an owner's duplicate therefore, and thereafter for all matters pertaining to registration under this Act the portion in each province or city shall be treated as a separate parcel of land." (Emphasis supplied)Any title issued by the Register of Deeds, including the original copy on file in the Office of the Register of Deeds or the owner's duplicate of said
Petitioners even failed to adduce in evidence a certified true copy of TCT No. 17009-P as proof that such title exists and is in the name of Sixto Dominguez. Indeed, there is no evidence on record that the spouses Racadio acquired the property from Sixto Dominguez.
Q Do you know a person b y the name of Sixto Dominguez? A My mother was saying before that she bought that from Sixto Dominguez. Q In fact, this Sixto Dominguez was the one who caused the survey of this lot as indicated here in the certification? A I don't know if he was the one who caused the survey, Sir. Q And who secured this Exh. "U" which is the technical description? A I was the one who secured it from San Fernando, La Union, Sir. Q You did not scrutinize this certification anymore when you received this certification from the DENR, San Fernando, La Union? A I did not scrutinize it, Sir, because my purpose is only to get the technical description of the lot. [44]
Time and again, the integrity and inviolability of Torrens titles issued pursuant to the Land Registration Act (Act 496) and Presidential Decree No. 1529 have been shaken by the very courts whose unwavering duty should be to protect the rights and interests of title holders but instead have favored claimants under the guise of reconstitution filed after a long lapse of time after the Japanese occupation, alleging the existence of original and duplicate certificates of title issued pursuant to a court decree but have subsequently been lost or destroyed including the records of the land registration case on account of the war and lay claim and title to valuable parcels of land previously titled and registered under the Torrens registration system and are even able to dispose these properties to unsuspecting homelot buyers and speculating land developers. The courts must be cautious and careful in granting reconstitution of lost or destroyed certificates of title, both original and duplicate owner's, based on documents and decrees made to appear authentic from mere xerox copies and certifications of officials supposedly signed with the seals of their office affixed thereon, considering the ease and facility with which documents are made to appear as official and authentic. It is the duty of the court to scrutinize and verify carefully all supporting documents, deeds and certifications. Each and every fact, circumstance or incident which corroborates or relates to the existence and loss of the title should be examined.[46]IN LIGHT OF ALL THE FOREGOING, the petition is DENIED for lack of merit. The assailed Decision and Resolution of the Court of Appeals are AFFIRMED.