That legislation is Part 19 from the Judiciary Act which states that the "Regional Demo Court docket shall training unique authentic jurisdiction x x x in all civil steps, which include the title to x x x serious house.
Might we request you again to make sure you forward to us the reported copy of prepare Fls-3168-D on file as part of your Workplace for our evaluation and remark.
The procedure relative to administrative reconstitution of dropped or wrecked certification prescribed in said Act can be availed of only in the event of considerable decline or destruction of land titles because of to fireplace, flood or other drive majeure as determined by the Administrator of the Land Registration Authority: Supplied, That the volume of certificates of titles dropped or damaged really should be at the least 10 per cent (ten%) of the full quantity inside the possession in the Workplace in the Sign up of Deeds: Supplied, further, That in no situation shall the volume of certificates of titles shed or weakened be fewer than five hundred (five hundred).
> Republic Act 26 delivers for Unique course of action to the reconstitution of torrens certificate of title which have been lacking and not fictitious titles which can be present. In which a certificate of title over a parcel of land was reconstituted judicially and afterwards it absolutely was observed that there existed a previous certification of title masking the identical land while in the title of Yet another human being, the court docket ruled the existence with the prior title ipso facto nullified the reconstitution proceedings
The Alabang ruling states that in such a circumstance the reconstituting authority has no jurisdiction to move forward Along with the reconstitution until eventually a remaining judgment cancels another title. This is clear within the Court docket's ruling in Alabang
Repeatedly, this Court has ruled that reconstitution, even judicial reconstitution, does not confirm or adjudicate ownership around a residence.one hundred and five Reconstitution just restores a lacking certificate of title in exactly the same problem that it had been when shed or wrecked, nothing at all extra.
Portion fourteen. This Act shall Similarly include administrative reconstitution of copies of primary certificates of titles ruined by hearth, flood or other force majeure inside of a period of fifteen yrs prior to the effectivity of this Act.
Obviously, this Court docket should not depend on the LRA Administrator's findings which have been admittedly based upon the map can a filipino file divorce abroad on the Barques, who experienced earlier submitted solid documents towards the LRA reconstituting officer.
" Both of these provisions mandate that no Torrens title can be cancelled Until There exists a proceeding in the correct Regional Trial Court docket right assailing the validity of this sort of title.
Exactly what is even worse, in ordering the cancellation of Transfer Certificate of Title No. 383675, respondent Court of Appeals acted with out jurisdiction. In spite of everything, it can be hornbook legislation that a torrens title can't be collaterally attacked. The problem of validity of the torrens title, whether or not fraudulently issued or not, may very well be posed only in an motion brought to impugn or annul it.
Reconstitution, However, refers back to the solution when your land title that is from the possession in the Registry of Deeds is destroyed.
Though the lessen court docket promises that petitioner, regardless of whether he complied with all the necessities on the legislation, is just not entitled to own his title reconstituted for The rationale that, getting an alien, he is not certified to acquire the land covered by said title less than our Structure. On the other hand, we find this claim untenable in The sunshine of the idea that a Torrens title can't be collaterally attacked.
4. Does the Court docket of Appeals or even the LRA have jurisdiction to make a decision the ownership of the disputed assets while in the administrative reconstitution of title filed by respondents?
The petition shall be confirmed and need to be submitted within sixty days following the petitioner learns of the decision although not much more than six months in the promulgation thereof. chanrobles virtuallaw libraryred Sec. 11. A reconstituted title acquired via fraud, deceit or other machination is void ab initio as from the bash getting the same and all persons getting expertise thereof.cralaw:purple