Millado Dan - Petition For Annulment of Judgment
Millado Dan - Petition For Annulment of Judgment
COURT OF APPEALS
Cagayan de Oro City
- versus -
NATURE OF PETITION
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Petition for Annulment of Judgment
Captain America v. RTC, Branch 61, GSC
CA-GR No.___
No. 20867 granting the re-issuance of a duplicate owner’s copy of TCT No. T-
1234567 in favor of IRON MAN.
In the said Decision, the Honorable Judge of RTC, Branch 61, General
Santos City, herein public respondent deliberately and totally disregarded the law
particularly Section 109 of Presidential Decree No. (PD) 1529 that petitions for
issuance of new owner’s duplicate certificates of title are applicable only to those
lost or stolen or destroyed certificate of title. Under the said law, in case of loss or
theft of an owner’s duplicate certificate of title, due notice under oath shall be
sent by the owner or by someone in his behalf to the Register of Deeds of the
province or city where the land lies as soon as the loss or theft is discovered.
However, based on record and the said decision, this procedure was not followed.
In this case, while an affidavit of loss was attached to the petition in the said
RTC, no such notice was sent to the Register of Deeds of General Santos City.
Jurisprudence also elucidates that 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.
THE PARTIES
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Petition for Annulment of Judgment
Captain America v. RTC, Branch 61, GSC
CA-GR No.___
2. The Honorable Judge JUAN DELA CRUZ, Presiding Judge, RTC Branch
61, General Santos City, which rendered the assailed decision to be
annulled.
1. On June 20, 2019, petitioner Captain America and respondent Iron Man
have entered into a Deed of Absolute Sale which was acknowledged on the
same date before Notary Public Dan R. Millado of General Santos City and
entered in his Notarial Register as Doc. No. 20, Page 2, Book II, Series of
2019. (Copy of Deed of Absolute Sale is hereto attached as Annex “B”);
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Petition for Annulment of Judgment
Captain America v. RTC, Branch 61, GSC
CA-GR No.___
2. In the said Deed of Absolute Sale, petitioner was the VENDEE of a certain
parcel of land covered by Transfer Certificate of Title No. T-1234567
located at 10880 Malibu Point Avenue, General Santos City, more
particularly described as follows:
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Petition for Annulment of Judgment
Captain America v. RTC, Branch 61, GSC
CA-GR No.___
7. It was only two years after the issuance of said decision, that the petitioner
discovered the said Decision being assailed, when it tried to transfer the
above-stated title of Stark Mansion under his name before the Register of
Deeds of General Santos City submitting the said Deed of Absolute Sale,
which was denied as a new owner’s copy was issued to Iron Man;
8. Said decision became final and executory, thus, petition for relief or other
appropriate remedies are no longer available through no fault of the
petitioner.
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Petition for Annulment of Judgment
Captain America v. RTC, Branch 61, GSC
CA-GR No.___
9. The truth of the matter is that the owner’s duplicate was not lost, stolen or
destroyed but in the lawful and rightful possession and control of the
petitioner as it was delivered to the latter by Iron Man by virtue of the Deed
of Absolute Sale.
ISSUE
ARGUMENT/ DISCUSSION
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Petition for Annulment of Judgment
Captain America v. RTC, Branch 61, GSC
CA-GR No.___
Register of Deeds of the province or city where the land lies as soon as
the loss or theft is discovered. If a duplicate certificate is lost or destroyed,
or cannot be produced by a person applying for the entry of a new certificate
to him or for the registration of any instrument, a sworn statement of the fact
of such loss or destruction may be filed by the registered owner or other
person in interest and registered.
Based on the above provision of the law, only those lost or stolen or
destroyed owner’s duplicate certificate of title shall be granted re-issuance.
Thus, petitions for issuance of new owner’s duplicate certificates of title
shall be granted only if the same is lost or stolen or destroyed;
2. Corollary, in the case of New Durawood Co., Inc. v. Court of Appeals and
Hon. Felix S. Caballes, et al., G.R. No. 111732, February 20, 1996, the
Supreme Court held that “If a certificate of title has not been lost but is in
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Petition for Annulment of Judgment
Captain America v. RTC, Branch 61, GSC
CA-GR No.___
fact in the possession of another person, the reconstituted title is void and
the court rendering the decision has not acquired jurisdiction.
Consequently, the decision may be attacked any time. (Demetriou v. Court
of Appeals, Et. Al.) Since we already concluded earlier that the trial court
did not have jurisdiction, necessarily its judgment must fall.” (Emphasis
ours)
3. In the same case of New Durawood Co., Inc. v. Court of Appeals, supra, it
was held that “Section 109, P.D. 1529 (amending R.A. 496) provides that in
case of loss or theft of an owner’s duplicate certificate of title, due notice
under oath shall be sent by the owner or by someone in his behalf to the
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Petition for Annulment of Judgment
Captain America v. RTC, Branch 61, GSC
CA-GR No.___
Register of Deeds of the province or city where the land lies as soon as the
loss or theft is discovered. Private respondents and respondent judge failed
to follow the procedure set forth in P.D. No. 1529 which, as already stated,
governs the issuance of new owner’s duplicate certificates of title. Section
109 of said law provides, inter alia, that "due notice under oath" of the loss
or theft of the owner’s duplicate "shall be sent by the owner or by someone
in his behalf to the Register of Deeds." In this case, while an affidavit of loss
was attached to the petition in the lower court, no such notice was sent to
the Register of Deeds.”
4. The fact that IRON MAN conceals the petition for re-issuance of owner’s
duplicate of certificate and the due execution of affidavit of loss, it is
apparent that IRON MAN intends to defraud the petitioner. Be that as it
may, whether there is fraud or not is irrelevant considering that the main
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Petition for Annulment of Judgment
Captain America v. RTC, Branch 61, GSC
CA-GR No.___
issue here is the jurisdiction of the respondent RTC to grant the petition of
re-issuance of owner’s duplicate of certificate of title; and
5. Such facts, circumstances, and all evidence should be given credence and
weighed, and must all be taken into account in making the evaluation upon
the merits of this case. Since the subject duplicate title was not lost or
destroyed, the respondent court lacks jurisdiction to grant the re-issuance
thereof. Also, the failure of respondent judge to follow the procedure as
required by law, by deliberately excluding the most essential requirement,
without valid cause and justification under our laws and rules, constitute
grave abuse of discretion amounting to lack or excess of jurisdiction.
PRAYER
2. Annul, reverse and set aside the respondent court’s Decision in Special
Proceeding No. 20867 granting the re-issuance of a duplicate owner’s
copy of TCT No. T-1234567 in favor of IRON MAN;
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Petition for Annulment of Judgment
Captain America v. RTC, Branch 61, GSC
CA-GR No.___
4. Grant such other reliefs as may be deemed just and proper under the
premises.
CAPTAIN AMERICA
Petitioner
Assisted by:
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Petition for Annulment of Judgment
Captain America v. RTC, Branch 61, GSC
CA-GR No.___
3. I have not commenced any other action or proceeding involving the same
issue in the Supreme Court, Court of Appeals, or any other tribunals or
agency; and
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Petition for Annulment of Judgment
Captain America v. RTC, Branch 61, GSC
CA-GR No.___
promptly inform the aforesaid courts and other tribunal or agency of that
fact within five (5) days therefrom.
CAPTAIN AMERICA
Affiant
Doc. No. : 28 ;
Page 6 ;
No. :
Book No.: 2 ;
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Petition for Annulment of Judgment
Captain America v. RTC, Branch 61, GSC
CA-GR No.___
Series of : 2021 .
Copy furnished:
Hon. Judge Juan Dela Cruz – RTC Branch 61, General Santos City
Iron Man - 10880 Malibu Point Avenue, General Santos City
Register of Deeds – General Santos City
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