supports the Manotoks' contention that when it is actually revealed that there is a pre-existing title duly issued from the Register of Deeds about the identical home which can be the topic of reconstitution proceedings, the reconstitution can not progress for possibly of two motives.
“Sec. 110. Reconstitution of Missing or Destroyed First of Torrens Title. – Unique copies of certificates of titles lost or destroyed while in the places of work of Sign up of Deeds in addition to liens and encumbrances affecting the lands covered by these kinds of titles shall be reconstituted judicially in accordance Along with the process prescribed in Republic Act No. 26 insofar as not inconsistent using this type of Decree. The method relative to administrative reconstitution of shed or destroyed certificate prescribed in said Act can be availed of only in the event of substantial reduction or destruction of land titles because of to fire, flood or other power majeure as determined by the Administrator on the Land Registration Authority: Offered, That the number of certificates of titles missing or weakened really should be a minimum of ten p.c (ten%) of the entire quantity within the possession of your Place of work of your Sign up of Deeds: Provided, more, That in no circumstance shall the volume of certificates of titles misplaced or damaged be below 5 hundred (five hundred).
,128 these kinds of title can only cancelled by the appropriate Regional Trial Court docket in the direct proceeding assailing its validity.
Segment 108 states that "no erasure, alteration or Modification shall be designed upon the registration guide following the entry of the certificate of title x x x, except by order of the right Court docket of 1st Instance (now the Regional Trial Court)."
the character and description of the properties or enhancements, if any, which usually do not belong towards the owner with the land, along with the names and addresses of your house owners of these kinds of properties or advancements;
Contemplate also that In the event the record of your Bureau differs within the print duplicate is subjected to discipline ocular inspection on the land and on the basis from the findings, the area may possibly reconstruct the decide to be approved as standard.
" The identical paragraph two.4 further states that Until validated through the Geodetic Surveys Divisions, copies of these types of programs "should be briefly expunged in the data of your Information Division until They can be validated and returned for Formal file."
on the bottom the demo courtroom had no jurisdiction to grant the reconstitution of missing owner's duplicates of titles to respondent Alex David. Rexlon Realty proved which the titles were not shed but ended up in its possession as the initial customer from the Homes from Alex David who experienced later marketed again the Houses to Paramount Improvement Corporation.
the names and addresses in the occupants or folks in possession from the assets, in the entrepreneurs of the adjoining Houses and all persons who could have any curiosity in the assets; (file) an in depth description on the encumbrances, if any, influencing the home; and
one. There's no exertion to delay the administrative reconstitution with the aforesaid title. What we are carrying out is a radical Examine of your authenticity in the submitted files;
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T-16755 before the demo court docket. The proprietor’s authentic duplicate duplicate was dropped, whilst the first title on file Along with the Sign-up of Deeds of Malolos, Bulacan was burned in a fire on seven March 1987. The house was neither mortgaged nor leased at time of Bienvenido’s lack of the proprietor’s original copy copy.
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All of the documents, or authenticated copies thereof, to generally be released in proof in help for the petition for reconstitution shall be attached thereto and submitted Along with the very same: Presented, That in the event the reconstitution is to be built completely from resources enumerated in Area 2(file) or 3(file) of this Act, the petition shall be even further accompanied using a plan and complex description of the residence duly accepted by the Chief of the final Land Registration Business office (now Commission of Land Registration) or by using a certified copy of The outline taken from a prior certification of title masking the identical assets.