Sunday, July 7, 2013

Reconstitution - Jurisdictional Requirements

Verily, while the CA invoked the appropriate provisions of R.A. No.  26, it failed, however, to take note that Section 9 thereof mandatorily requires that the notice shall specify, among other things, the number of the certificate of title and the names of the interested parties appearing in the reconstituted certificate of title. In this case, the RTC failed to indicate these jurisdictional facts in the notice.

While it is true that notices need not be sent to the adjoining owners in this case since this is not required under Sections 9 and 10 of R.A. No. 26 as enunciated in our ruling in Puzon, it is imperative, however, that the notice should specify the names of said interested parties so named in the title sought to be reconstituted. No less than Section 9 of R.A. No. 26 mandates it.

In view of these lapses, the RTC did not acquire jurisdiction to proceed with the case since the mandatory manner or mode of obtaining jurisdiction as prescribed by R.A. No. 26 had not been strictly followed, thereby rendering the proceedings utterly null and void (Republic v. Camacho, G.R. No. 185604. June 13, 2013).


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