872 Phil. 152
DELOS SANTOS, J.:
A parcel of land (Lot 1204 of the Cadastral Survey of Lucena), with improvements thereon, situated in the Municipality of Lucena. Bounded on the NE. by Mamaboy Creek; on the SE., by Lot No. 672; on the SW., and NW. by Lot No. 671 x x x Containing an area of Two Thousand Six Hundred and Twenty Eight (2,628) Square Meters, more or less.[5]In their petition, respondents alleged that OCT No. T-1929(464) was issued in the name of Isabel Zarsadias based on Decree No. 130359 issued by the then Court of First Instance, Province of Tayabas, dated 5 December 1922; that OCT No. T-1929(464) was on file with the Register of Deeds of Lucena City and was among those presumed burned during the fire that razed the City Hall building of Lucena City on 30 August 1983; that Isabel was married to Perfecto Pabillorin; that despite Isabel's death on 12 May 1924, Lot 1204 has been declared for taxation purposes in the name of Isabel Zarsadias; that upon her death, the heirs of Isabel Zarsadias possessed and occupied the subject property; that the original owner's copy of OCT No. T-1929(464) was kept in the possession and custody of Antonio Zarsadias Pabillorin, the eldest child of Isabel Zarsadias and Perfecto Pabillorin; that on 3 July 1983, Antonio died; that on 25 July 2011, Antonio's daughter Dorotea Pabillorin, executed an Affidavit of Loss stating that the original owner's copy of OCT No. T-1929(464), alongside some other documents which were supposedly in the possession and custody of her father Antonio, and kept inside a cabinet in their residence at Gomez St., Lucena City, can no longer be found, that her efforts to locate the same have proved futile, that she considers the same irretrievably lost, and that the subject property has never been sold, mortgaged, encumbered or in any manner transacted; that on 25 July 2011, the grandchildren and successors-in-interest of Isabel Zarsadias executed an Extrajudicial Settlement of Estate with Deed of Absolute Sale in favor of the respondents; that the respondents are now in possession of the subject property; that OCT No. T-1929(464) on file with the Registry of Deeds of Lucena City has never been reconstituted nor the subject of any previous reconstitution proceedings and the Owner's copy of said OCT No. T-1929(464) which had been irretrievably lost has never been issued any second owner's copy or any co-owner's, mortgagee's or lessee's duplicate, as certified by the Office of the Register of Deeds of Lucena City; that there is no existing encumbrance over the subject property, it has never been sold, mortgaged or otherwise encumbered in favor of any person or entity, except in favor of the respondents; that no deeds or other instruments affecting the subject property have been presented for registration; that the subject property has never been subdvided, parceled out or partitioned, and the original area and size as appearing in Decree No. 130359 remain the same; that the present owners and occupants of the adjoining lots of the subject property are – Juan and Delia Fule (Allarey St., Brgy. 8, Lucena City), Carlos Ong Fule and Charles Ong Fule (Allarey St. Brgy. 8, Lucena City), and Engr. Roberto L. Devero (Brgy. Ilayang Talim, Lucena City); and that to respondents' knowledge, there are no other persons who have interest in the subject property.[6]
After considering the evidence presented by respondents and the Report of the LRA, the RTC issued an Order dated 11 February 2015 finding merit in the petition for reconstitution, the decretal portion of which reads:REPORT
(1 ) The present petition seeks the reconstitution of Original Certificate of Title No. T-1929(464) allegedly lost or destroyed and supposedly covering Lot No. 1204 of the Cadastral Survey of Lucena, situated in the Municipality of Lucena, Province of Tayabas (now Quezon), on the basis of Decree No. 130359.
(2) From Book 23(H) of the "Record Book of Cadastral Lots" on file at the Cadastral Decree Section, this Authority, it appears that Decree No. 130359 was issued for Lot No. 1204, Lucena (Tayabas) Quezon Cadastre, on December 5, 1922, in Cadastral Case No. 4, GLRO Cad. Record No. 215. As per copy of decree on file at the Vault Section, Docket Division, this Authority, it appears it was issued in favor of Isabel Zarsadias.
(3) The technical description of Lot No. 1204 of the Cadastral Survey of Lucena, appearing on the reproduction of Decree No. 130359 has been examined and verified correct after due computation. Said technical description when plotted on the Municipal Index Sheet No. 6001, does not appear to overlap previously plotted/decreed properties in the area.[8]
WHEREFORE, premises considered, the petition is GRANTED, and the Registry of Deeds of Lucena City is hereby ordered to reconstitute the original copy of Original Certificate of Title No. T-1929(464) registered in the name of Isabel Zarsadias, the wife of Perfecto Pabillorin, covering Lot No. 1204 of the Cadastral Survey of Lucena, entered pursuant to Decree No. 130359 in Cadastral Case No. 4, GLRO Cadastral Record No. 215, under the same terms and conditions set forth therein, to be considered as the original copy of the title for all legal intents and purposes, in lieu of the missing title, which is hereby declared null and void, upon finality of this Order and payment of the required legal fees.On 17 March 2015, petitioner Republic of the Philippines (petitioner), through the Office of the Solicitor General (OSG), filed a Notice of Appeal and elevated the case before the CA. In their Appeal Brief, the OSG assigned the lone error that the RTC erred in granting the Petition for Reconstitution despite respondents' failure to establish the existence of OCT No. T-1929(464) and the fact that it was lost or destroyed.[10]
As to the prayer for issuance of a second owner's copy, with the reconstituted Original Certificate of Title No. T-1929 (464), Section 16 of Republic Act No. 26 will apply which directs the [R]egister of [D]eeds to issue the corresponding owner's duplicate.
SO ORDERED.[9]
WHEREFORE, the instant appeal is hereby DENIED for lack of merit. The Order dated February 11, 2015 issued by the Regional Trial Court (RTC) of Lucena City, Branch 57, in Misc. Case No. 2012-105 is AFFIRMED.The CA ruled that the respondents were able to prove that Lot 1204 was covered by OCT No. T-1929(464) registered in the name of Isabel Zarsadias and that the same was lost or destroyed. The CA ratiocinated as follows:
SO ORDERED.[11]
A careful perusal of the Petition for Reconstitution filed by petitioners-appellees and the records of this case reveal that the requirements of Sections 12 and 13 of R.A. No. 26 have been complied with. Furthermore, contrary to the position of the OSG, a reading of the Certification issued by the Register of Deeds of Lucena City shows that per its records, there is ground to presume that the original copy of OCT No. T-1929(464) covering Lot 1204 registered in the name of Isabel Zarsadias is one among those burned in the fire that razed the City Hall of Lucena City on 30 August 1983.The petitioner moved for reconsideration of the above Decision but the same was denied in the assailed CA Resolution dated 8 May 2018.[13]
As it stands, We find no reversible error on the part of the RTC in finding that petitioners-appellees were able to prove that the subject property was registered in the name of Isabel Zarsadias and was covered by OCT No. T-1929(464). This is consistent with the fact that petitioners appellees were able to produce a certified microfilm copy of Decree No. 130359 dated December 5, 1922, issued by the Court of First Instance, Province of Tayabas, which ordered the registration in the name of Isabel Zarsadias of Lot No. 1204.[12]
The OSG contends that the CA erred in affirming the order of the RTC granting the petition for reconstitution considering that respondents were not able to prove the issuance and prior existence of OCT No. T-1929(464) under the name of Isabel Zarsadias which is a condition precedent in a petition for reconstitution of lost or destroyed original certificate of title.[15] The OSG explains that while respondents presented a certified microfilm copy of Decree No. 130359, the same, however, does not show that OCT No. T-1929(464) was issued pursuant to said decree.[16] The OSG also asserts that the certification of the Register of Deeds of Lucena City does not establish that the original copy of OCT No. T-1929(464) was issued and kept or was part of its records. The certification merely stated that OCT No. T-1929(464) "is one among those titles presumed burned during the fire that razed the City Hall building of the City of Lucena".[17] Far from proving the existence of OCT No. T-1929(464), the OSG opines that the said certification would only establish that the Register of Deeds of Lucena City has no record of OCT No. T-1929(464) registered in the name of Isabel Zarsadias.[18] The OSG further avers that the tax declaration for the assessment year 1995 presented by the respondents is not a reliable source to prove the existence of OCT No. T-1929(464).[19]
- THE CA COMMITTED REVERSIBLE ERROR IN AFFIRMING THE RTC'S 11 FEBRUARY 2015 ORDER, GRANTING THE PETITION FOR THE RECONSTITUTION BASED MERELY ON AN AUTHENTICATED COPY OF DECREE NO. 130359 ISSUED UNDER THE NAME OF ISABEL ZARSADIAS.
- THE CA COMMITTED REVERSIBLE ERROR IN AFFIRMING THE RTC'S 11 FEBRUARY 2015 ORDER, GRANTING THE PETITION FOR RECONSTITUTION DESPITE RESPONDENTS' FAILURE TO PROVE THE EXISTENCE OF OCT. NO. T-1929(464).[14]
Section 2. Original certificates of title shall be reconstituted from such of the sources hereunder enumerated as may be available, in the following order:Here, respondents' petition for reconstitution is based on Section 2(d), an authenticated copy of the decree of registration pursuant to which the original certificate of title was issued. Hence, respondents presented an LRA certified microfilm copy of Decree No. 130359 dated 5 December 1922 issued by the Court of First Instance of the Province of Tayabas, ordering that Lot 1204 of the Cadastral Survey of Lucena be registered in the name of Isabel Zarsadias. However, as mentioned by the CA, Decree No. 130359 merely ordered for the registration of Lot 1204 in the name of Isabel Zarsadias. That means there is still an act of registration to follow or to be complied with to bring the subject lot under the provisions of the Torrens System and, consequently, the issuance of a certificate of title. Also, the decree does not cite or mention that it was issued to support the issuance of an existing original certificate of title, in particular, the OCT No. T-1929(464) in the name of Isabel Zarsadias. The foregoing considered, there is a need, therefore, for the respondents to submit supporting evidence to prove that Lot 1204 was subsequently registered and covered by Original Certificate of Title in the name of Isabel Zarsadias in compliance with and pursuant to Decree No. 130359. The respondents failed to do this.
(a) The owner's duplicate of the certificate of title; (b) The co-owner's, mortgagee's, or lessee's duplicate of the certificate of title; (c) A certified copy of the certificate of title, previously issued by the register of deeds or by a legal custodian thereof; (d) An authenticated copy of the decree of registration or patent, as the case may be, pursuant to which the original certificate of title was issued; (e) A document, on file in the registry of deeds, by which the property, the description of which is given in said document, is mortgaged, leased or encumbered, or an authenticated copy of said document showing that its original had been registered; and (f) Any other document which, in the judgment of the court, is sufficient and proper basis for reconstituting the lost or destroyed certificate of title.
A careful perusal of the Petition for Reconstitution filed by petitioners-appellees and the records of this case reveal that the requirements of Sections 12 and 13 of R.A. No. 26 have been complied with. Furthermore, contrary to the position of the OSG, a reading of the Certification issued by the Register of Deeds of Lucena City shows that per its records on file, there is ground to presume that the original copy of OCT No. T-1929(464) covering Lot 1204 registered in the name of Isabel Zarsadias is one among those burned in the fire that razed the City Hall of Lucena City on 30 August 1983.[31] (Underscoring supplied)Very clearly, the CA, after examining the Certification, could only arrive at the finding that the Register of Deeds presumed that the original copy of OCT No. T-1929(464) covering Lot 1204 registered in the name of Isabel Zarsadias is one among those titles burned in a fire that razed the City Hall building of the City of Lucena on 30 August 1983. Certainly, the certification of said Register of Deeds that the subject certificate of title "is one among those titles presumed burned during the fire that razed the City Hall building of the City of Lucena" does not necessarily mean that OCT No. T-1929(464) once formed part of its records. The Register of Deeds only presumed that OCT No. T-1929(464) is among the titles burned during the fire without stating and confirming in certain terms that the said certificate of title existed and formed part of its records, in the first place. Consequently, in the absence of clear and definite finding that OCT No. T-1929(464) once formed part of the records of the Register of Deeds of Lucena City, the CA erred in affirming the RTC's order granting the petition for reconstitution of lost or destroyed certificate of title since the fact that the certificate of title sought to be reconstituted actually existed could not be established.
From the evidence presented during the ex-parte presentation of evidence before the Branch Clerk of Court, the following facts were proven:In the instant case, the respondents, unlike in Dela Raga, did not present clear and convincing evidence to prove that OCT No. T-1929(464) actually existed and formed parts of the records of the Register of Deeds.
The petitioner is the grandchild of Ignacio Serran, one of the registered owners of the land subject of this petition. The petitioner's mother was Aniceta Serran, one of the daughters of Ignacio Serran as evidenced by Exh. "N". The name of the other child of Ignacio Serran was Cornelia Serran. Both children have already died including Ignacio Serran.
When Ignacio Serran died, he left a property located at Dungon, Sison, Pangasinan. The same property was covered by a title. However, the office copy of the title was destroyed during the World War II as evidenced by a pre-war inventory of the Registry of Deeds of Pangasinan marked as EXH. "O". From such inventory of original certificates of the Registry of Deeds of Pangasinan (Exh. "0-1"), there was an entrv O.C.T. No. 49266 to 49267 - mutilated. In Exh. "O", Original Certificate No. 49266, Vol. 162, Page 239 was in the name of Serrao, Ignacio, et. al. A Certification, Exh. "P" was issued by the Registry of Deeds of Pangasinan certifying to the effect that the Original Certificate of Title No. 49266 could not be found or located among the files in the registry, thus it was presumed lost or destroyed. x x x (Emphasis and underscoring supplied)