What Rexlon Realty questioned was the jurisdiction from the demo court docket in issuing replacement titles on the properties while in the name of Alex David who claimed that he misplaced the titles. In assailing as void the demo court docket's judgment, Rexlon Realty invoked, as mentioned through the Court docket, "Section 2, of Rule 47 in the 1997 Revised Rules of Civil Method," which delivers "the grounds to annul a judgment of the lower court x x x [according to] fraud and lack of jurisdiction." Consequently, the Court in Rexlon Realty
That being the purpose of the law, it would seem that after a title is registered the proprietor may well relaxation protected, without the necessity of waiting inside the portals on the court docket, or sitting down in the "
As you wait around, you ought to rely upon the counsel and advice within your lawful representative and prepare for many different outcomes.
In view in the foregoing, the duplicate of Fls-3168-D furnished your Office environment and also the alleged letter authenticating it should be disregarded or turned down since they originate from spurious sources.
one hundred twenty However, equity follows the law, and courts working out equity jurisdiction need to continue to implement the law and also have no discretion to disregard the law.121 Wherever the regulation prescribes a certain solution with mounted and constrained boundaries, the courtroom simply cannot, by training fairness jurisdiction, prolong the boundaries even more when compared to the regulation makes it possible for.122 As a result, this Court docket has dominated:
Your petition for re-issuance of title shall be submitted ahead of the proper Regional Trial Court with the registered proprietor, assigns, or anyone acquiring an desire in the property.
I firmly deny owning well prepared and issued the letter dated 02 January 1997 stating that copy of matter program (Fls-3168-D) was forwarded to us with the Chief Technological Data and Figures Section from the NCR and that as per verification, the program is similar to the microfilm Which the situation be specified due course for administrative reconstitution. Definitely this is not accurate. Here is the handiwork of married in the philippines divorced in the us forgers.
two. The copy of prepare bears two "Certifications" at the best and at reduced 50 percent. It's not our observe;
> As the subject land didn’t cease for being titled, it can't be acquired by acquisitive prescription
III. The Honorable Courtroom of Appeals erred to find that there is no merit from the movement for new trial submitted by petitioner.26
> The limitation that reconstitution of title need to be limited to the certificate because it stood at enough time of its decline or destruction has reference only to changes which alter or influence title with the registered operator instead of to mere liens as well as other encumbrances
In look at with the foregoing, the duplicate of Fls-3168-D furnished your Office in addition to the alleged letter authenticating it ought to be disregarded or turned down because they come from spurious sources.
When the title deeds have been misplaced or destroyed we will at times question a surveyor from Ordnance Study to inspect the land prior to we complete the registration. A price can be payable if an inspection is required.
31 If the trial courtroom lacks jurisdiction to choose cognizance of a scenario, it lacks authority more than The full case and all its facets.32 Many of the proceedings before the demo court docket, which includes its get granting the petition for reconstitution, are void for lack of jurisdiction.33