5 Simple Techniques For administrative reconstitution of title

5 Simple Techniques For administrative reconstitution of title

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I. The Honorable Court docket of Appeals erred in holding the documentary proof presented by petitioner while in the lessen court are insufficient to aid the reconstitution prayed for.

We've revealed you our rubber stamps to demonstrate the duplicate of Fls-3168-D inside your possession is a spurious program.

The reconstitution proceedings in Civil Cases Nos. C-677 and C-763 are void since they are contrary to Republic Act No. 26 and outside of the purview of that regulation Because the titles reconstituted are literally subsisting while in the registry of deeds and don't call for reconstitution in the least. Like a rule, functions executed in opposition to the provisions of required rules are void (Art. 5, Civil Code).

In see in the foregoing, the duplicate of Fls-3168-D furnished your Office plus the alleged letter authenticating it ought to be disregarded or turned down as they come from spurious resources.

The petition shall be accompanied with the required resources for reconstitution and having an affidavit from the registered proprietor stating, amid other points:

Area 10. Any interested occasion who by fraud, accident, oversight or excusable negligence has actually been unjustly deprived or prevented from taking part inside the proceedings may file a petition in the correct courtroom to put aside the decision also to reopen the proceedings. The petition shall be verified and must be filed within sixty days once the petitioner learns of the choice but not a lot more than six months from the promulgation thereof. Portion eleven. A reconstituted title acquired by means of fraud, deceit or other machination is void ab initio as against the social gathering obtaining exactly the same and all people possessing awareness thereof. Portion 12. Any person who by way of fraud, deceit or other machination obtains or attempts to obtain a reconstituted title shall be matter to prison prosecution and, on conviction, shall be responsible for imprisonment for a duration of not under two years but not exceeding 5 years or the payment of the good of not fewer than 20 thousand pesos but not exceeding Two hundred thousand pesos or the two for the discretion with the courtroom.

Republic Act No. 26 gives for the Exclusive course of action for that reconstitution of Torrens certificates of title that are missing and not fictitious titles or titles that happen to be current.

, the principle of jurisdiction by estoppel applies only to whoever has sought affirmative relief in the incorrect court docket, misplaced there, after which you can assail the adverse decision of that courtroom. This estoppel applies versus a party "who's got invoked the jurisdiction of the court docket in a particular subject to protected an affirmative relief, to afterwards deny that very same jurisdiction to escape an adverse conclusion."114 Having said that, it was the Barques, not the Manotoks, who sought the affirmative reduction of a reconstituted title. Of their Opposition115 prior to the LRA reconstituting officer, married in the philippines divorce in us the Manotoks sought a defensive, negative reduction - the Barques' petition "be dismissed for insufficient benefit.

> As the topic land didn’t stop to become titled, it can't be obtained by acquisitive prescription

III. The Honorable Court of Appeals erred find that there is no benefit while in the movement for new demo submitted by petitioner.26

> The limitation that reconstitution of title must be limited to the certification as it stood at enough time of its decline or destruction has reference only to variations which alter or have an affect on title on the registered operator rather than to mere liens together with other encumbrances

In his fourteen February 1997 letter, the LRA reconstituting officer complained to your LRA Administrator that "There may be an try to mislead us into favorable action by submitting cast paperwork."

In the situation at bar, the authenticity and genuineness from the proprietor's duplicate of TCT Nos. T-52537 and T-52538 while in the possession of petitioner Rexlon and absolutely the Deed of Sale in its favor haven't been disputed. As there isn't any evidence to support precise loss of the mentioned operator's copy copies of stated certificates of title, the trial courtroom didn't receive jurisdiction and the new titles issued in substitute thereof are void.

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