"(4) The certification of title was in total pressure and effect at enough time it absolutely was misplaced or destroyed; chanrobles virtuallaw libraryred
“Sec. a hundred and ten. Reconstitution of Missing or Wrecked Unique of Torrens Title. – Unique copies of certificates of titles misplaced or destroyed in the places of work of Sign up of Deeds and also liens and encumbrances impacting the lands coated by this sort of titles shall be reconstituted judicially in accordance Together with the method prescribed in Republic Act No. 26 insofar as not inconsistent with this Decree. The method relative to administrative reconstitution of lost or ruined certificate prescribed in reported Act can be availed of only just in case of considerable loss or destruction of land titles because of to fire, flood or other pressure majeure as determined by the Administrator of the Land Registration Authority: Furnished, That the quantity of certificates of titles dropped or broken needs to be a minimum of ten p.c (10%) of the total number from the possession from the Place of work of your Sign up of Deeds: Supplied, further, That in no situation shall the amount of certificates of titles lost or broken be less than five hundred (five hundred).
three. A certified duplicate from the certification of title, Earlier issued by the RD or by a lawful custodian thereof
> Where by the petition for reconstitution wasn’t to restore a lost registered certificate of title but to re-register and difficulty a new certificate within the names of petitioner and her deceased partner, in lieu of 1 at first registered during the names of other individuals, the petition really should be denied with out prejudice to the best of the
Thereupon, the Sign-up of Deeds shall, no valid motive on the contrary current, reconstitute the certificate of title as furnished in this Act."
In reply to your letter dated January 28, 1997 which we obtained these days, remember to be educated that According to the stock of authorized surveys that happen to be officially enrolled within our file, the locator cards, the microfilm, listing of options on file which were being decentralized to our areas, which have been on file in this Bureau display that program Fls-3168-D is not Amongst the designs inside our file.
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In such proceeding, any get together may perhaps introduce in proof the LRA Administrator or the NBI's findings. In the meantime, no reconstitution proceeding can prosper till once the cancellation by final judgment of this kind of existing title.
> As the subject land didn’t stop for being titled, it cannot be obtained by acquisitive prescription
The doctrine of immutability and unalterability of choices applies only to choices that happen to be effective at becoming last and executory. Decisions of the LRA on administrative reconstitutions of title by no means grow to be final and executory. An administrative reconstitution of title is basically a restoration or substitution of the missing or wrecked title in its first sort at enough time on the reduction or destruction.
In advance of finality of a decision, a courtroom has "plenary power to alter, modify or simply set aside, its have choices, and perhaps purchase a completely new trial, Anytime right before the decision results in being last."forty seven
To extend fairness jurisdiction to LRA officers to permit them to entertain collateral attacks on a Torrens title is a gross and blatant violation with the obvious and Specific command of a beneficial legislation. Any extension of equity jurisdiction that operates to negate Segment 48 will destroy the most divorce in us but married in the philippines elementary safeguard during the Residence Registration Decree. Absolutely, equity jurisdiction cannot be employed for this goal.
If the title deeds have been misplaced or ruined we will from time to time inquire a surveyor from Ordnance Study to examine the land just before we full the registration. A payment may very well be payable if an inspection is required.
Sec. twelve. Anyone who through fraud, deceit or other machination obtains or attempts to get a reconstituted title shall be matter to prison prosecution and, on conviction, shall be accountable for imprisonment for the duration of not fewer than two years but not exceeding five years or even the payment of a wonderful of not a lot less than 20 thousand pesos but not exceeding Two hundred thousand pesos or each on the discretion in the courtroom. chanrobles virtuallaw libraryred