This case has been cited 2 times or more.
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2006-08-10 |
CALLEJO, SR., J. |
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| In a catena of cases,[32] the Court has ruled that the requirements under Rep. Act No. 26 are indispensable and must be strictly complied with.[33] In this case, petitioners failed to cause the posting of the trial court's Order dated January 11, 1999 at the main entrance of the Provincial Capitol of Lingayen and at the Municipal Hall of Villasis; consequently, the trial court did not acquire any jurisdiction over the petition for reconstitution. | |||||
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2005-08-18 |
TINGA, J. |
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| Republic Act No. 26 confers jurisdiction or authority on the Court of First Instance (now the Regional Trial Court) to hear and decide petitions for judicial reconstitution. It provides the special requirements and procedure that must be followed before the court can properly act, assume and acquire jurisdiction or authority over the petition and grant the reconstitution prayed for. The petition for reconstitution must allege certain specific jurisdictional facts, the notice of hearing must be published in the Official Gazette and posted in particular places and the same sent or notified to specified persons.[11] Sections 12 and 13 of RA 26 set forth the contents of the petition and lay down the procedure to be followed therefor, as follows:SECTION 12. Petitions for reconstitution from sources enumerated in sections 2(c), 2(d), 2(e), 2(f), 3(c), 3(d), 3(e) and/or 3(f) of this Act, shall be filed with the proper Court of First Instance, by the registered owner, his assigns, or any person having an interest in the property. The petition shall state or contain, among other things, the following: (a) that the owner's duplicate of the certificate of title had been lost or destroyed; (b) that no co-owner's, mortgagee's, or lessee's duplicate had been issued, or, if any had been issued, the same had been lost or destroyed; (c) the location, area and boundaries of the property; (d) the nature and description of the buildings or improvements, if any, which do not belong to the owner of the land, and the names and addresses of the owners of such buildings or improvements; (e) the names and addresses of the occupants or persons in possession of the property, of the owners of the adjoining properties and all persons who may have any interest in the property; (f) a detailed description of the encumbrances, if any, affecting the property; and (g) a statement that no deeds or other instruments affecting the property have been presented for registration, or, if there be any, the registration thereof has not been accomplished, as yet. All the documents, or authenticated copies thereof, to be introduced in evidence in support of the petition for reconstitution shall be attached thereto and filed with the same: Provided, That in case the reconstitution is to be made exclusively from sources enumerated in section 2(f) of 3(f) of this Act, the petition shall be further accompanied with a plan and technical description of the property duly approved by the Chief of the General Land Registration Office, or with a certified copy of the description taken from a prior certificate of title covering the same property. [Emphasis supplied.] | |||||