"(4) That the certification of title was in total power and effect at enough time it had been missing or wrecked; chanrobles virtuallaw libraryred

, and most critical of all, fairness jurisdiction can never be used to violate the law. Equity jurisdiction aims to achieve total justice in instances the place a court docket of law is unable to render judgment to meet the Unique instances of a case due to the limitations of its statutory jurisdiction.

, the Court held that a "duly issued existing Torrens title x x x can not be the subject of petitions for reconstitution of allegedly misplaced or destroyed titles by 3rd events with no initial securing by final judgment the cancellation of this sort of present titles.

Area 108 states that "no erasure, alteration or Modification shall be made upon the registration ebook after the entry of the certification of title x x x, except by buy of the appropriate Court of Initially Occasion (now the Regional Trial Courtroom)."

The Alabang ruling states that in this kind of circumstance the reconstituting authority has no jurisdiction to proceed Using the reconstitution until eventually a last judgment cancels one other title. This is evident in the Courtroom's ruling in Alabang

Part forty eight from the House Registration Decree will be the cornerstone of our land registration program supplying stability to land titles. With out Section 48, our land registration procedure will crumble. Portion forty eight assures every landowner by using a Torrens title that his title can by no means be cancelled Except the validity of his title is to start with specifically assailed in court docket the place he can adduce evidence in his favor.

, the LRA Administrator and also the LRA reconstituting officer refused to believe jurisdiction to reconstitute administratively the Barques' title. The LRA Administrator denied the Barques' petition due to the existence of your Manotoks' title, which inside the text of your LRA Administrator need to to start with be cancelled by "a court of qualified jurisdiction" ahead of the Barques' petition could be provided because of system. The LRA reconstituting officer also denied the Barques' petition due to the existence with the can a filipino file divorce abroad Manotoks' title which the LRA experienced currently reconstituted.

A Licensed copy of the certificate of title, Formerly issued because of the sign up of deeds or by a legal custodian thereof;

Respondent relies solely on its reconstituted title which, by itself, doesn't determine or take care of the possession of the land included via the lost or ruined title.

Stated notice shall point out, among other points, the amount of the misplaced or destroyed certification of title, if regarded, the title from the registered operator, the names of your occupants or people in possession in the home, the owners of your adjoining Homes and all other interested get-togethers, The situation spot and boundaries in the property, as well as date on which all persons owning any curiosity therein must surface and file their declare or objections to the petition. The petitioner shall, within the hearing, post evidence from the publication, publishing and service of the detect as directed through the court docket.

In the course of the oral argument, counsel with the Barques denied the erasure from the notation to the Barques' tax declarations. However, counsel for your Barques admitted that he hasn't found the original tax declarations on file Together with the Assessor's Business, Therefore:

1. There isn't a exertion to hold off the administrative reconstitution on the aforesaid title. What we're carrying out is an intensive Verify of the authenticity of the submitted files;

A document, on file from the registry of deeds, by which the home, the description of that's supplied in reported doc, is mortgaged, leased or encumbered, or an authenticated duplicate of mentioned document displaying that its first were registered; and

Inside the event, however, that the proper or desire of any person around the reconstituted certification of title will not appear so mentioned, a petition may be submitted Using the Regional Demo Courtroom for an annotation of such ideal or desire within the reconstituted certification of title.