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ILUMINADO MOTUS v. COURT OF FIRST INSTANCE OF RIZAL

This case has been cited 1 times or more.

2012-10-03
CARPIO, J.
The liens annotated at the back of a certificate of title can be cancelled through: (a) a petition with the land registration court, under Section 112 of Act No. 496;[31] or (b) an ordinary civil action filed against the parties whose liens are sought to be cancelled.[32]  In a petition under Section 112 of Act  No. 496, notice to the lienholder is a jurisdictional requirement.  In an ordinary civil action, service of summons to the lienholder is a jurisdictional requirement.  In case the lienholder is unknown, such as what the plaintiff claimed in the disputed case, service of summons for unknown defendants should strictly be complied with.  Otherwise, the judgment cannot be considered binding on the unknown defendants.