Invalid title issuance

The general rule is that when the owner’s duplicate of a Certificate of Title is lost, it may be reconstituted and a new one issued upon court order.

However, a different issue arises when the title is not actually lost but merely withheld by another person who refuses to return it. In such a situation, can the court validly order the issuance of a new title? What remedy is available to the rightful owner? These questions are addressed in the dispute between Ricardo and his son Marco.

Marco is one of the three legitimate children of Ricardo and his wife Elena, the others being Sofia and Clara. During their marriage, Ricardo and Elena acquired several properties. Unfortunately, their relationship eventually declined, and Ricardo left Elena to live with another woman, with whom he later had eight more children.

Upset by their father’s actions, Sofia and Clara distanced themselves from him. Sofia moved abroad, while Clara eventually got married. Marco remained with Ricardo and assisted him by working as a clerk and errand runner, though he was paid irregularly. To make up for the unpaid compensation, Ricardo transferred to Marco ownership of the property where Marco resided.

Later, Marco discovered that Ricardo had transferred several parcels of land to his illegitimate children without informing or obtaining the consent of his legitimate children. When Marco confronted his father, Ricardo became enraged and dismissed him from his work. Upon leaving, Marco took with him five certificates of title covering various properties.

When Ricardo realized that the titles were missing, he filed a case against Marco for the recovery of the documents. Even before trial, Ricardo asked the court to order Marco to return the titles. Instead of granting this request, the court directed the Register of Deeds to issue new owner’s duplicate copies of the Transfer Certificates of Title.

Was the court correct?

No.

When a certificate of title is not actually lost but is merely in the possession of another individual, any reconstituted title issued under such circumstances is void. This is because the court lacks jurisdiction to order reconstitution if the original title still exists.

The correct remedy for Ricardo is to file a petition before the Regional Trial Court acting as a land registration court in the same proceeding where the titles were originally issued. Through this petition, he may compel Marco to surrender the certificates of title to the Register of Deeds, in accordance with Section 109 of P.D. 1529. (Reyes, Jr. vs. Court of Appeals et al. 328 SCRA 864).