What Rexlon Realty questioned was the jurisdiction of the demo court docket in issuing alternative titles towards the Houses while in the identify of Alex David who claimed that he dropped the titles. In assailing as void the demo courtroom's judgment, Rexlon Realty invoked, as stated through the Court docket, "Section two, of Rule 47 of the 1997 Revised Regulations of Civil Treatment," which presents "the grounds to annul a judgment of the reduce court x x x [based upon] fraud and lack of jurisdiction." Thus, the Court in Rexlon Realty
After the registration procedure is completed, the Registry of Deeds will concern a new title or alter the existing title to reflect the court selection.
The Decision states that the "perform from the (LRA) is adjudicatory in mother nature –' it can correctly deliberate on the validity of the titles submitted for reconstitution." This is often grave error.
In perspective on the foregoing, the duplicate of Fls-3168-D furnished your Office and also the alleged letter authenticating it ought to be disregarded or rejected since they come from spurious sources.
A Accredited copy of the certification of title, Earlier issued through the sign up of deeds or by a lawful custodian thereof;
Part 19 of your Judiciary Act vests in courts of justice the "exceptional initial jurisdiction" to make your mind up factual and legal difficulties involving "the title to x x x real home."
Via fraudulent reconstitution proceedings, he wakes up sooner or later to find out that his certificate of title has become cancelled and replaced by a reconstituted title in somebody else's name
Naturally, this Court docket should not count on the LRA Administrator's conclusions which were being admittedly dependant on the map on the Barques, who experienced previously submitted forged paperwork towards the LRA reconstituting officer.
Whether the petitioner has the best to accumulate the land or not, is beyond the province of this continuing. That ought to be threshed out in a proper action. The two proceedings are unique and shouldn't be bewildered.108 (Boldfacing and underscoring supplied)
Part fifteen. This Act shall choose effect upon its publication in three newspapers of common circulation.
nullified the reconstitution proceedings and signified that the evidence from the reported proceedings as towards the alleged ownership of Laborada and Bombasi cannot be presented any credence.
one. There isn't a effort to delay the administrative reconstitution on the aforesaid divorce in us but married in the philippines title. What we have been accomplishing is a thorough Examine on the authenticity with the submitted paperwork;
In the situation at bar, the authenticity and genuineness from the proprietor's duplicate of TCT Nos. T-52537 and T-52538 in the possession of petitioner Rexlon and absolutely the Deed of Sale in its favor have not been disputed. As there is absolutely no evidence to guidance actual lack of the said owner's copy copies of mentioned certificates of title, the demo court did not receive jurisdiction and the new titles issued in substitute thereof are void.
Evidently, the Barques haven't established foot about the house from 1975 up on the current. The Barques merely "went about" the fully fenced property.