Register of Deeds of Malabon v. Regional Trial Court, Malabon, Branch 170
REITERATIONFacts
1. The Antecedents: A Deed of Absolute Sale for a property covered by Transfer Certificate of Title No. R-3899, registered in the name of Salome Castillo, was presented for registration. However, registration was impossible because the original title in the Registry of Deeds was missing. The Registry of Deeds for Malabon became operational after the title went missing. 2. Procedural History: The Register of Deeds for Malabon filed a petition for the reconstitution of the lost original of TCT No. R-3899 under Republic Act No. 26. The Regional Trial Court of Malabon gave the petition due course and set a hearing. The court directed that notice of the hearing be published in the Official Gazette. At the hearing, proof of publication and posting was submitted. However, the court dismissed the petition, finding that the publication of the notice in the Official Gazette was not made at least thirty (30) days prior to the hearing, thus divesting the court of jurisdiction. 3. The Petition: The Register of Deeds of Malabon filed a petition for certiorari with the Supreme Court, raising the purely legal issue of whether the actual publication of the notice of the petition in the Official Gazette forty-seven (47) days after the scheduled hearing, instead of at least thirty (30) days prior, was sufficient to vest jurisdiction in the court. The petitioner argued that the publication requirement of Republic Act No. 26 must be strictly complied with for the court to acquire jurisdiction.
Issue(s)
Whether the publication of the notice of the petition for reconstitution in the Official Gazette, made 47 days after the scheduled hearing, satisfies the requirement of Republic Act No. 26 to vest jurisdiction in the court. Whether the Register of Deeds is the proper party to file a petition for reconstitution of title under the prevailing law.
Ruling
The petition for certiorari is denied for lack of merit. The Supreme Court affirmed the dismissal of the petition for reconstitution by the Regional Trial Court.
Ratio Decidendi
On the issue of jurisdiction due to defective publication: The Supreme Court held that the publication of the notice of the petition for reconstitution in the Official Gazette must strictly comply with Section 9 of Republic Act No. 26, which requires publication "at least thirty (30) days prior to the date of hearing." The purpose of this publication is to apprise the entire world of the petition and allow any interested party to oppose it. This publication is the means by which the court acquires jurisdiction over the case and all interested parties. In this case, the May 23 and May 30, 1988 issues of the Official Gazette, which contained the notice, were released for circulation on October 3, 1988. This was 47 days after the hearing scheduled for August 17, 1988. Such tardy publication rendered the notice void and of no effect, consequently depriving the court of jurisdiction to hear and grant the petition for reconstitution. The Court reiterated the principle that when the manner of obtaining jurisdiction is mandatory under a statute, strict compliance is required, otherwise, the proceedings are void, citing Director of Lands vs. The Court of Appeals and Demetria Sta. Maria de Bernal and Po vs. Republic. On the propriety of the Register of Deeds filing the petition: The Supreme Court further noted that the Register of Deeds for Malabon was not the proper party to file the petition for reconstitution. While Section 6 of Republic Act No. 26 previously allowed the Register of Deeds to initiate reconstitution motu proprio, this provision was rendered inoperative by Section 6 of Republic Act No. 6732, approved on July 17, 1989. Under the current law, a petition for reconstitution can only be filed by "the registered owner, his assigns, or any person who has an interest in the property," as provided in Section 12 of Republic Act No. 26. Therefore, even if the publication defect were cured, the petition would still be dismissible on the ground that the wrong party initiated the proceedings.
Main Doctrine
The publication of the notice of a petition for reconstitution of title in the Official Gazette must strictly comply with the statutory requirement of being made at least thirty (30) days prior to the date of hearing; failure to comply therewith deprives the court of jurisdiction to hear and grant the petition. Furthermore, under Republic Act No. 6732, the Register of Deeds is no longer a proper party to file a petition for reconstitution, which must now be filed by the registered owner, his assigns, or any person with an interest in the property.