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REPUBLIC V. VERZOSA

GR NO. 173525TINGA; March 28, 2008

(chriscaps)

FACTS

- Verzosa filed petition for reconstitution of orig TCT, alleging that she and Edna Garcia are registered owners ofparcel of land.- However, the orig was burned when QC Hall was gutted by fire. The Duplicate Certificate was lost as shown by

Affidavit of Loss.- Real estate taxes on he prop have been paid.- RTC set the case for hearing. Only rep from OSG appeared. Petitioner-appellee was allowed to present furtherevidence. Hearing was reset on the ground, among others, of the need to amend petition to implead petitioners co -owner, Edna Garcia, who is also her sister. On July 18, 2001, petitioner filed a motion for leave to present evidenceex-parte without impleading her co-owner, citing the irreconcilable differences between them which the RTC granted.- RTC ordered Register of Deeds to reconstitute. Hence, the appeal by Republic, through OSG.- According to the Court of Appeals, the petition for reconstitution was filed under Sec. 3(f) of Republic Act (R.A.) No.26 which grants the court the authority to consider other documents which it finds sufficient and proper bases for the

reconstitution prayed for. In this case, the documentary evidence presented by respondent Gertrudes B. Verzosa,coupled with the Report submitted by the Land Registration Authority (LRA) confirming the previous existence of TCTNo. 140606, is sufficient basis to grant the reconstitution.- OSG argues respondent did not prove that she had exerted honest efforts to secure the documents enumerated inthe law and had failed to find them.

ISSUE

WON TCT should be reconstituted

HELD

YES.- Sec. 3 of R.A. No. 26 enumerates the sources upon which the reconstitution of transfer certificates of title shall be

based.-Among the sources enumerated in Sec. 3 of R.A. No. 26, the owners duplicate of the transfer certificate of title isgiven primacy because such document is, by all accounts, an exact reproduction of the original copy of the transfercertificate of title. It is required, however, that the owners duplicate certificate itself, and not a mere photocopythereof, be presented to the court.- In this case, only a photocopy of the owners duplicate was presented.- Photocopy of the owners certificate of title presented by respondent in support of her petition is still consideredsecondary evidence. As such, it is inadmissible unless respondent proves any of the exceptions provided in Sec. 3,Rule 130.- The Court explained the order of presentation of secondary evidence under Sec. 5, Rule 130 of the Rules of Courtas existence, execution, loss, contents. The order may be changed if necessary in the discretion of the court. Thesufficiency of the proof offered as a predicate for the admission of an allegedly lost document lies within the judicial

discretion of the trial court under all the circumstances of the particular case.- Ultimately, the Court reinstated the decision of the trial court because of the failure of the Spouses Mateo tosatisfactorily show that the original of the transfer certificate of title sought to be reconstituted had been lost or is nolonger available, as well as the illegibility of the photocopy presented.- Respondent submitted several documents to prove existence, execution and contents of the Certificate of Title.Respondent also duly proved loss of owners copy.- When a court, after hearing of a petition for reconstitution, finds that the evidence presented is sufficient and properto grant the same, that the petitioner therein is the registered owner of the property, and that the certificate sought to

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be reconstituted was in force at the time it was lost, it becomes the duty of the court to issue the order ofreconstitution.