FIRST DIVISION

G.R. No. 232060, January 14, 2019

VIRGILIA T. AQUINO, NAZARIA T. AQUINO, AVELINA A. RONQUILLO, PATROCINIO T. AQUINO, AND

DECISION

DEL CASTILLO, J.:

This Petition for Review on Certiorari1 assails the December 7, 2015 Decision2 and May 15, 2017
Resolution3 of the Court of Appeals (CA) in CA-G.R SP No. 136103, which respectively granted the herein
respondent's Petition for Annulment of Judgment and thus nullified, reversed, and set aside the March
21, 2014 Order4 and all other orders of the Bacoor, Cavite Regional Trial Court (RTC), Branch 19 in LRC
Case No. 8843-2009-59 and denied herein petitioners' Motion for Reconsideration.5

Factual Antecedents

In 2009, petitioners Virgilia Aquino, Nazaria Aquino, Avelina Ronquillo, Patrocinio Aquino, Manuela
Aquino, Lucita Bamba, Ramoncito Nepomuceno, and Domingo Manimbao filed LRC Case No. 8843-2009-
59 fur reconstitution of the lost Cavite Registry of Deeds copy of Transfer Certificate of Title (TCT) No. T-
3269 registered in the name of their deceased parents.

On March 21, 2014, the RTC issued an Order, decreeing as follows:

x x x [I]t has been established that petitioners are the children of deceased Spouses Basilio A. Aquino
and Ambrosia Tantay. The deceased spouses left a parcel of land located at Bacoor, Cavite, containing an
area of Three Hundred Thousand Eight Hundred Twenty Four (300,824) square meters, covered by and
embraced in Transfer Certificate of Title No. T-3269, as evidenced by the owner's duplicate copy of the
title, which has been presented to the Branch Clerk of Court for comparison with the xerox copy
submitted to the Land Registration Authority. The subject property has been declared for taxation
purposes in the name of the Spouses Basilio [A Aquino] and Ambrocia Tantay under Tax Declaration No.
238-0015-125611 and the realty tax thereto had been paid until the year 2014. Petitioners and their
predecessors-in-interest have been in possession of the subject property since the year 1930's up to the
present. That upon verification with the Office of the Registry of Deeds for the Province of Cavite, where
the original copy of the said title is supposedly on file, the said title is allegedly not existing and does not
form part of their records. However, a Report dated March 5, 2014 issued by the Land Registration
Authority, states that:

'(2) The entire Imus Friar Land Estate of which Lot 5800 is a portion, appears in the records of this Office
to have been applied for registration of title in LRC (CLR) Record No. 8843 for which Decree No. 101200
was issued on August 8, 1921.

(3) The technical description of Lot No. 5800 of the Imus Friar Land Estate, appearing on the
reproduction of Transfer Certificate of Title No. T-3269 was found correct after examination and due
computation. Said technical description when plotted on the Municipal Index Sheet Nos. 9421, 12834,
17787 and 11772, does not appear to overlap previously plotted/decreed properties in the area;'

The Government did not adduce any contrary evidence.

Considering the finding of the LRA that the technical description on TCT No. T-3269 was found correct
and does not overlap with other properties in the area, the petition is granted.

WHEREFORE, premises considered, the Office of the Registry of Deeds for the Province of Cavite is
hereby ordered to reconstitute the original copy of Transfer Certificate of Title No. T-3269, registered in
the name of Basilio Aquino married to Ambrocia Tantay, using as basis the owner's duplicate copy of the
title, upon payment of the corresponding legal fees.

SO ORDERED.6

On the claim that the property subject of the petition for reconstitution is covered by another existing
title - TCT No. T-6874 - respondent Estate of Tomas B. Aguirre filed an Urgent Motion to Lift Order of
General Default with Motion to Admit Attached Opposition,7 which the trial court denied in a May 22,
2014 Order.8 Respondent filed a Motion for Reconsideration.9

Ruling of the Court of Appeals

However, before the above motion for reconsideration of the RTC's May 22, 2014 Order could be
resolved, respondent filed a Petition for Annulment of Judgment10 with prayer for injunctive relief
before the CA.
On December 7, 2015, the CA issued the assailed Decision, decreeing as follows:

Petitioner11 asserts that there was extrinsic fraud committed in obtaining the assailed trial court's order
in the reconstitution proceedings because petitioner never had knowledge of the same or that
petitioner was kept ignorant of the suit. Thus, petitioner [claims] it was deprived of its day in court to
oppose the petition.

Petitioner contends that the trial court lacked jurisdiction over the subject matter of the case because
private respondents12 failed to state the jurisdictional facts in their petition as required under Republic
Act No. 26.13

THIS COURT'S RULING

The issue to be resolved before us is whether or not the trial court's order directing the Office of the
Register of Deeds of the Province of Cavite to reconstitute the original copy of Transfer Certificate of
Title No. T-3269, registered in the name of Basilio Aquino married to Ambrocia Tantay, should be
annulled.

We rule in the affirmative.

Under Rule 47, Section 1 of the Rules of Civil Procedure, a party may file an action with the Court of
Appeals to annul judgments or final orders and resolutions of Regional Trial Courts in civil actions. This
remedy is only available if 'the ordinary remedies of new trial, appeal, petition for relief or other
appropriate remedies are no longer available through no fault of the petitioner.' Here, the remedies of
new trial, appeal, petition for relief are not available to petitioner without its fault because it was not
made a party to the reconstitution proceedings. Thus, the only remedy left to petitioner in this case is a
petition for annulment of judgment under Rule 47, which it, in fact, filed.

xxxx

Petitioner invoked both grounds of extrinsic fraud and lack of jurisdiction to support its petition.

xxxx
There are badges of fraud present in the case at bar which are committed by private respondents, such
as: 1) they never made petitioner estate a party to the reconstitution proceedings; 2) they never
mentioned that they were not in possession of the subject property; 3) they never divulged to the court
that it was petitioner estate who is presently occupying and in open, exclusive and adverse possession of
the subject property; and 4) they never stated that there are other persons claiming rights over the
property subject of their reconstitution proceedings. All these tactics were employed by private
respondents, not only to induce the trial court in approving their petition, but also to prevent petitioner
from participating in the proceedings or opposing the petition. Here, petitioner estate was kept away
from the reconstitution proceedings, was ignorant thereof, and had no knowledge of the suit until 7
April 2014. These circumstances warrant the granting of the petition.

We disagree with the contentions of private respondents that this petition is premature and that
petitioner is guilty of forum shopping. Petitioner need not await the resolution of its motion for
reconsideration because it is not a condition precedent in filing a petition for annulment. x x x

x x x The present petition for annulment is also based on lack of jurisdiction over the subject matter.

xxxx

The governing law for judicial reconstitution of title is R.A. No. 26. Section 15 thereof provides when an
order for reconstitution shall issue, as follows:

xxxx

From the foregoing, the following must be present for an order for reconstitution to issue: (a) that the
certificate of title had been lost or destroyed; (b) that the documents presented by petitioner are
sufficient and proper to warrant the reconstitution of the lost or destroyed certificate of title; (c) that
the petitioner is the registered owner of the property or had an interest therein; (d) that the certificate
of title was in force at the time it was lost and destroyed; and (e) that the description, area and
boundaries of the property are substantially the same as those contained in the lost or destroyed
certificate of title.

In reconstitution proceedings, the Supreme Court has repeatedly ruled that before jurisdiction over the
case can be validly acquired, it is a condition sine qua non that the certificate of title has not been issued
to another person. If a certificate of title has not been lost but is in fact in the possession of another
person, the reconstituted title is void and the court rendering the decision has not acquired jurisdiction
over the petition for issuance of new title. x x x The existence of a prior title ipso facto nullifies the
reconstitution proceedings. The proper recourse is to assail directly in a proceeding before the regional
trial court the validity of the Torrens title already issued to the other person.

In the case at bench, the RTC lacked jurisdiction to order the reconstitution of the original copy of TCT
No. T-3269 registered in the name of Basilio Aquino, there being another certificate of title, TCT No. T-
6874, covering the subject property in this case in the name of a different owner, registered in the name
of Tomas Aguirre. This was indicated in the Register of Deeds' Manifestation dated 1 April 2014 which
was filed before the trial court.

x x x Accordingly, the RTC never acquired jurisdiction over the same, and its judgment rendered
thereafter is null and void, which may be attacked anytime.

Section 12 of R.A. No. 26 provides for the contents of the petition for reconstitution, while Section 13
provides for the statements which shall be indicated in the notice of the petition.

The petition of private respondents failed to state the following: 1) the location, area and boundaries of
the property; 2) 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; 3) 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;
and 4) a statement that no deeds or other instruments affecting the property have been presented for
registration.

It is noteworthy that during the Clarificatory Hearing before this Court held last 4 February 2014, the
following were established and admitted: 1) petitioner made improvement on the subject property, put
up a fence, and assigned security guards thereat; 2) petitioner is in possession of the subject property;
and 3) Transfer Certificate of Title No.T-3269 being reconstituted, is actually covered by, identical to
and/or the same as the real property covered by TCT No. T-6874 registered in the name of Tomas
Aguirre.

Similarly, the notice of hearing failed to state the following: 1) the names of the occupants or persons in
possession of the property; 2) the owners of the adjoining properties; 3) all other interested parties
[including herein petitioner]; 4) the location, area and boundaries of the property. No proof was
presented that the adjoining owners and actual occupants of the subject property were notified of the
hearing.
In Director of Lands vs. Court of Appeals, et al., the Supreme Court ruled that the requirements of
Section 12 and Section 13 of R.A. No. 26 are mandatory and jurisdictional and non-compliance therewith
would render all proceedings utterly null and void. The Highest Court reiterated this rule in Tahanan
Development Corp. vs. Court of Appeals, et al., and re-affirmed said doctrine in MWSS vs. Sison, et al., as
follows, to wit:

xxxx

x x x Thus, the RTC lacked jurisdiction in the reconstitution proceedings.

Its orders were null and void.

It need not be emphasized that the RTC hastily acted on the petition tor reconstitution because it did
not act on the Register of Deeds' Manifestation dated 1 April 2014 informing the Court of the existence
of TCT No. T-6874 registered in the name of Tomas Aguirre married to Adelita C. Aguirre, which also
covers the same property covered by TCT No. T-3269 in the name of Basilio Aquino married to Ambrocia
Tantay. x x x The validity of the certificate of title can be threshed out only in a direct proceeding filed
for the purpose. A Torrens title cannot be attacked collaterally.

It is also a well-known doctrine that the issue as to whether the title was procured by falsification or
fraud can only be raised in an action expressly instituted for the purpose. x x x

Indeed, the reconstitution proceeding constituted a collateral attack on the Torrens title of Tomas
Aguirre. The proper recourse of the private respondents to contest the validity of the certificate of title
is not through the subject petition tor reconstitution, but in a proper proceeding instituted for such
purpose.

The conflict between the two sets of titles has to be resolved. The present standoff cannot remain
indefinitely under a titling system that assures the existence of only one valid title for every piece of
registered land.

Based on the foregoing, the petition for annulment is warranted.

WHEREFORE, premises considered, the Petition for Annulment of Judgment is hereby GRANTED. The
assailed Order dated 21 March 2014 and all other orders issued by the Regional Trial Court Branch 19,
City of Bacoor, Cavite, in LRC Case No. 8843-2009-59 are REVERSED and SET ASIDE tor being NULL and
VOID. Accordingly, the Petition for Reconstitution of Transfer Certificate of Title (TCT) No. T-3269 is
DISMISSED. Costs against private respondents.

SO ORDERED.14 (Citations omitted)

Petitioners moved to reconsider, but in a May 15, 2017 Resolution, the CA held its ground. Hence, the
present Petition.

Issues

Petitioners submit the following issues to be resolved:

I.

THE MISAPPREHENSION OF FACTS BY THE HONORABLE COURT OF APPEALS IN ITS DECISION AND
RESOLUTION COMPELLED HEREIN PETITIONERS X X X TO PRAY FOR THE HONORABLE SUPREME COURT
TO EXERCISE ITS POWER TO REVIEW FACTUAL FINDINGS OF APPELLATE COURTS.

II.

THE HONORABLE COURT OF APPEALS GRAVELY ERRED IN GRANTING THE PETITION FOR ANNULMENT OF
JUDGMENT DESPITE NON-COMPLIANCE WITH THE REQUIREMENTS SET FORTH UNDER RULE 47 IN
ORDER FOR THE PETITION TO PROSPER.

III.

THE HONORABLE COURT OF APPEALS GRAVELY ERRED IN NOT HOLDING RESPONDENT GUILTY OF
FORUM SHOPPING.
IV.

THE HONORABLE COURT OF APPEALS GRAVELY ERRED IN HOLDING THAT SECTIONS 12 AND 13 OF R.A.
NO. 26 ARE APPLICABLE IN THE PRESENT CASE.

V.

THE HONORABLE COURT OF APPEALS GRAVELY ERRED IN HOLDING THAT THE RECONSTITUTION
PROCEEDINGS CONSTITUTED A COLLATERAL ATTACK AGAINST THE ALLEGED TITLE OF TOMAS AGUIRRE.

VI.

THE HONORABLE COURT OF APPEALS GRAVELY ERRED IN OPTING NOT TO MAKE A RULING ON THE
UNLAWFUL PARTICIPATION OF THE FIRM M.A AGUINALDO & ASSOCIATES AND THEIR USURPATION OF
THE UNDERSIGNED LAW FIRM'S AUTHORITY TO REPRESENT THE PETITIONERS.15

Petitioners' Arguments

Petitioners contend that under Section 1 of Rule 47 of the 1997 Rules of Civil Procedure,16 the remedy
of annulment of judgment is available only when the ordinary remedies of new trial, appeal, petition for
relief or other appropriate remedies are no longer available through no fault of the party seeking
annulment; that the CA erred in granting respondent's petition for annulment of judgment as it was not
without other appropriate remedies which it could have availed of, such as its pending motion for
reconsideration of the May 22, 2014 Order which it filed an d remains pending before the RTC, as well as
the availability of the remedy of appeal in the event of denial of the said motion for reconsideration;
that respondent preempted the ruling of the RTC; that its petition for annulment of judgment was thus
premature; that their title (TCT No. T-3269) actually exists under the name of their parents, based on
Patent No. 47326 which was awarded by the government in favor of Basilio Aquino pursuant to Decree
No. 101200 issued on August 8, 1921 as per LRC (CLR) Record No. 8843, and as such, they had the right
to rely on their title and claim that no other individual had an interest in the property covered thereby;
that the Land Registration Authority (LRA) itself confirmed that the subject property was indeed
registered in the name of their father and the technical description thereof did not overlap with any
other titled properties; that the LRA issued a Certification17 to the effect that respondent's title (TCT No.
T-6874) did not exist and did not form part of the records within LRA's registry, and for this reason,
respondent could not have any interest in petitioners' title; that they complied with the requirements
prescribed by law for the proper prosecution of their petition for reconstitution; that respondent was
guilty of forum shopping for not declaring in its CA petition for annulment that its motion for
reconsideration was still pending with the RTC; that in petitions for reconstitution of title where the
source is the owner's duplicate copy - such as in this case - there is no need for the petitioner to notify
the occupant and/or the adjoining landowners of the petition; and that it was erroneous for the CA to
rule that their petition for reconstitution constituted a collateral attack on respondent's TCT No. T-6874,
for in the first place, their title was registered prior to respondent's supposed title, and second, said
respondent's title did not actually exist or formed part of the records of LRA's registry.

Petitioners thus pray that the assailed dispositions be annulled; and in lieu thereof, the respondent's CA
petition for annulment of judgment be dismissed.

Respondent's Arguments

Respondent, on the other hand, failed to file its written comment to the Petition despite directives
issued by this Court.18

Our Ruling

The Petition is granted.

In its Urgent Motion to Lift Order of General Default with Motion to Admit Attached Opposition filed
before the RTC, respondent alleged and admitted that its title - TCT No. T-6874 - was derived from the
same Original Certificate of Title No. 1002, pursuant to the same Decree No. 101200, and was issued
from the same LRC Record No. 8843 as petitioners' title, TCT No. T-3269. The only difference is that its
TCT No. T-6874 was entered only on March 21, 1963, while petitioners' TCT No. T-3269 was entered on
March 21, 1956, or much earlier.

On its face, therefore, respondent's title - TCT No. T-6874 - is null and void, for it was issued upon land
that had been earlier titled in the name of another, namely, Basilio Aquino - petitioners' supposed
predecessor-in-interest.

In this jurisdiction, it is settled that in the case of two certificates of title purporting to include the same
land, the earlier in date prevails.

In Degollacion v. Register of Deeds of Cavite we held that if two certificates of title purport to include
the same land, whether wholly or partly, the better approach is to trace the original certificates from
which the certificates of title were derived. Citing our earlier ruling in Mathay v. Court of Appeals we
declared:
x x x where two transfer certificates of title have been issued on different dates, to two different
persons, for the same parcel of land even if both are presumed to be title holders in good faith, it does
not necessarily follow that he who holds the earlier title should prevail. On the assumption that there
was regularity in the registration leading to the eventual issuance of subject transfer certificates of title,
the better approach is to trace the original certificates from which the certificates of title in dispute were
derived. Should there be only one common original certificate of title, x x x, the transfer certificate
issued on an earlier date along the line must prevail, absent any anomaly or irregularity tainting the
process of registration.19 (Citations omitted)

By respondent's own admission, its title is subordinate to petitioners'. In fact, it is patently null and void
on its face, because it could not have acquired title upon land already earlier registered in the name of
another. Primus tempore, potior jure - first in time, stronger in right. For this reason, respondent has no
right - and no personality - to intervene in the reconstitution proceedings instituted by the petitioners.

It was evident from respondent's own pleadings filed with the courts that its purported rights to the
property were non-existent, having for their basis a title that was issued upon property that was already
previously registered in the name of another. Indeed, respondent has no conceivable right to the
property, having for its basis a void title that came after the same property was already transferred to
and owned by another - in this case, the petitioners' predecessor-in-interest Basilio Aquino.

As for the sufficiency of the petition for reconstitution, the Court agrees with petitioners' argument that,
since the source of reconstitution is the owner's duplicate copy, there is no need to give notice to other
parties. "[T]he service of notice of the petition for reconstitution filed under R.A. 26 to the occupants of
the property, owners of the adjoining properties, and all persons who may have any interest in the
property is not required if the petition is based on the owner's duplicate certificate of title or on that of
the co-owner's, mortgagee's, or lessee's."20

Respondent and the CA contend that notices to owners of adjoining lots are mandatory in the judicial
reconstitution of a title. They cite as authority Section 13 of Republic Act No. 26, which we reproduce
hereunder:

'SEC. 13. The Court shall cause a notice of the petition, filed under the preceding section, to be published
at the expense of the petitioner, twice in successive issues of the Official Gazette, and to be posted on
the main entrance of the provincial building and of the municipal building of the municipality or city in
which the land is situated, at least thirty days prior to the date of hearing. The court shall likewise cause
a copy of the notice to be sent, by registered mail or otherwise, at the expense of the petitioner, to
every person named therein whose address is known, at least thirty days prior to the date of hearing.
Said notice shall state, among other things, the number of the lost or destroyed certificate of title, if
known, the name of the registered owner, the names of the occupants or persons in possession of the
property, the owners of the adjoining properties and all other interested parties, the location, area and
boundaries of the property, and the date on which all persons having any interest therein must appear
and file their claim or objections to the petition. The petitioner shall, at the hearing, submit proof of the
publication, posting and service of the notice as directed by the court.'
The clear language of the law militates against the interpretation of respondent and the appellate court.
The first sentence of Section 13 provides that the requirements therein pertain only to petitions for
reconstitution filed under 'the preceding section,' Section 12, which in tum governs those petitions
based on specified sources. We quote Section 12 below:

'SEC. 12. Petition for reconstitution from sources enumerated in Section 2(c), 2(d), 2(e), 2(t), 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 name and addresses of the occupants or persons in possession of the property, of the owners of the
adjoining properties and of all persons who may have interest in 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 to 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) or 3(f) of this Act, the petition shall be further
accompanied with a plan and technical description of the property duly approved by the Commissioner
of Land Registration, or with a certified copy of the description taken from a prior certificate of title
covering the same property.'

In other words, the requirements under Sections 12 and 13 do not apply to all petitions for judicial
reconstitution, but only to those based on any of the sources specified in Section 12; that is, 'sources
enumerated in Section 2(c), 2(d), 2(e), 2(f), 3(c), 3(d), 3(e), and/or 3(f) of this Act.'

Sections 2 and 3 of RA 26 provide as follows:

'SEC. 2. Original certificates of title shall be reconstituted from such of the sources hereunder
enumerated as may be available, in the following order:

(a) The owner's duplicate of the certificate of title;

(b) The co-owner's, mortgagee's, or lessee's duplicate of the certificate of title;

(c) A certified copy of the certificate of title, previously issued by the register of deeds or by a legal
custodian thereof;
(d) An authenticated copy of the decree of registration or patent, as the case may be, pursuant to which
the original certificate of title was issued;

(e) A document, on file in the registry of deeds, by which the property, the description of which is given
in said document, is mortgaged, leased or encumbered, or an authenticated copy of said document
showing that its original had been registered; and

(f) Any other document which, in the judgment of the court, is sufficient and proper basis for
reconstituting the lost or destroyed certificate of title.

'SEC. 3. Transfer certificates of title shall be reconstituted from such of the sources hereunder
enumerated as may be available, in the following order:

(a) The owner's duplicate of the certificate of title;

(b) The co-owner's, mortgagee's or lessee's duplicate of the certificate of title;

(c) A certified copy of the certificate of title, previously issued by the register of deeds or by a legal
custodian thereof;

(d) The deed of transfer or other document on file in the registry of deeds, containing the description of
the property, or an authenticated copy thereof, showing that its original had been registered, and
pursuant to which the lost or destroyed transfer certificate of title was issued;

(e) A document, on file in the registry of deeds, by which the property the description of which is given
in said document, is mortgaged, leased or encumbered, or an authenticated copy of said document
showing that its original had been registered; and

(f) Any other documents which, in the judgment of the court, is sufficient and proper basis for
reconstituting the lost or destroyed certificate of title.' (Italics supplied)

In the present case, the source of the Petition for the reconstitution of title was petitioner's duplicate
copies of the two TCTs mentioned in Section 3(a). Clearly, the Petition is governed, not by Sections 12
and 13, but by Section 10 of RA 26. We quote said Section 10 in full:
'SEC. 10. Nothing hereinabove provided shall prevent any registered owner or person in interest from
filing the petition mentioned in Section Five of this Act directly with the proper Court of First Instance,
based on sources enumerated in Section 2(a), 2(b), 3(a), 3(b), and/or 4(a) of this Act: Provided, however,
That the Court shall cause a notice of the petition, before hearing and granting the same, to be
published in the manner stated in Section Nine hereof: And provided, further, That certificates of title
reconstituted pursuant to this section shall not be subject to the encumbrance referred to in Section
Seven of this Act.'

Nothing in this provision requires that notices be sent to owners of adjoining lots. Verily, that
requirement is found in Section 13, which does not apply to petitions based on an existing owner's
duplicate TCT.21

Having disposed of the relevant issues in the foregoing manner, the Court finds it unnecessary to delve
into the other allegations in the Petition. They are irrelevant to a complete and effective determination
of the case.

WHEREFORE, the Petition is GRANTED. The assailed December 7, 2015 Decision and May 15, 2017
Resolution of the Court of Appeals in CA-G.R. SP No. 136103 are REVERSED and SET ASIDE. The March
21,2014 Order and all other orders of the Bacoor, Cavite Regional Trial Court, Branch 19 in LRC Case No.
8843-2009-59 are REINSTATED.

SO ORDERED.