This case has been cited 4 times or more.
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2011-04-12 |
BRION, J. |
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| As for the complainants' allegation that Justice Inting had the duty to inquire into the details of the alleged sale, we reiterate that in a petition for the issuance of a new owner's duplicate copy of a certificate of title, the RTC, acting only as a land registration court with limited jurisdiction, has no jurisdiction to pass upon the question of actual ownership of the land covered by the lost owner's duplicate copy of the certificate of title.[3] Questions involving the issue of ownership have to be threshed out in a separate suit where the trial court will conduct a full-blown hearing with the parties presenting their respective evidence to prove ownership over the subject realty.[4] After all, the objective of a petition for the issuance of a new owner's duplicate copy is merely to determine two things - (1) that the owner's duplicate copy of the certificate of title was actually lost; and (2) that the person who filed the petition has sufficient interest in the property covered by the title to acquire a copy of the same. It was thus not for Justice Inting to question dela Cruz on the specifics of the purported sale (i.e., why the land was sold to dela Cruz at such a low price, whether dela Cruz paid the applicable taxes for the transfer of the property, etc.) during these proceedings. | |||||
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2008-07-09 |
QUISUMBING, J. |
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| To begin with, an action for quieting of title originated in equity jurisprudence to secure an adjudication that a claim of title to or an interest in property, adverse to that of the complainant, is invalid, so that the complainant and those claiming under him may be forever free from any danger of hostile claim. Thus, our courts are tasked to determine the respective rights of the contending parties, not only to put things in their proper places, but also to benefit both parties, so that he who has the right would see every cloud of doubt over the property dissipated, and he could afterwards without fear introduce the improvements he may desire, to use and even to abuse the property as he may deem best.[21] | |||||
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2008-04-16 |
NACHURA, J. |
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| In a petition for the issuance of a new owner's duplicate copy of a certificate of title in lieu of one allegedly lost, on which this case is rooted, the RTC, acting only as a land registration court with limited jurisdiction, has no jurisdiction to pass upon the question of actual ownership of the land covered by the lost owner's duplicate copy of the certificate of title.[15] Consequently, any question involving the issue of ownership must be threshed out in a separate suit where the trial court will conduct a full-blown hearing with the parties presenting their respective evidence to prove ownership over the subject realty.[16] | |||||
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2005-09-26 |
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| More recently, in Heirs Of Susana De Guzman Tuazon vs. Court of Appeals,[13] the Court further expounded thus: . . . Regardless of whether petitioners' cause of action in LRC Case No. 93-1310 is based on Section 109 of P.D. No. 1529 [involving the issuance, in lieu of the lost one, of the owner's copy] or under Rep. Act No. 26 [involving cases where the original copy of the certificate of title with the Register of Deeds which is lost or destroyed], the same has no bearing on the petitioners' cause in this case. Precisely, in both species of reconstitution under Section 109 of P.D. No. 1529 and R.A. No. 26, the nature of the action denotes a restoration of the instrument which is supposed to have been lost or destroyed in its original form and condition. The purpose of the action is merely to have the same reproduced, after proper proceedings, in the same form they were when the loss or destruction occurred, and does not pass upon the ownership of the land covered by the lost or destroyed title. It bears stressing at this point that ownership should not be confused with a certificate of title. Registering land under the Torrens System does not create or vest title because registration is not a mode of acquiring ownership. A certificate of title is merely an evidence of ownership or title over the particular property described therein. Corollarily, any question involving the issue of ownership must be threshed out in a separate suit . . . The trial court will then conduct a full-blown trial wherein the parties will present their respective evidence on the issue of ownership of the subject properties to enable the court to resolve the said issue.[14] (Emphasis supplied). | |||||