Dispensing with the Surrender of the Owner's Duplicate in the Registration of Final and Executory Court Decisions for the Cancellation of Certificates of Title

August 25, 2000

LRA CIRCULAR NO. 12-00

 

In the case of Toledo-Banaga vs. Court of Appeals (302 SCRA 331), where surrender of the owner's duplicate certificates was required by the Registrar of Deeds before registering a writ of execution issued by the trial court directing the reinstatement of certificates of title pursuant to a final and executory decision of the Court of Appeals declaring the prevailing party as the absolute owner of the parcels of land in litigation, the Supreme Court expressed the following opinion:

"Petitioners other contention that the execution of the final and executory decision — which is to issue title in the name of private respondent — cannot be compelled by mandumus because of the 'formality' that the registered owner first surrenders her duplicate Certificates of Title for cancellation per Section 80 of Presidential Decree 1529 cited by the Register of Deeds, bears no merit. In effect, they argue that the winning party must wait execution until the losing party has complied with the formality of surrender of the duplicate title. Such preposterous contention borders on the absurd and has no place in our legal system. Precisely, the Supreme Court had already affirmed the CA's judgment that Certificates of Title be issued in private respondent's name. To file another action just to compel the registered owner, herein petitioner Tan to surrender her titles constitute violation of, if not disrespect to, the orders of the highest tribunal. Otherwise, if execution cannot be had just because the losing party will not surrender her titles, the entire proceeding in the courts, not to say the efforts, expenses and times of the parties, would be rendered nugatory. It is revolting to conscience to allow petitioners to further avert the satisfaction of their obligation because of sheer literal adherence to technicality, or formality of surrender of the duplicate titles. The surrender of the duplicate is implied from the executory decision since petitioners themselves were parties thereto. Besides, as part of the execution process, it is a ministerial function of the Register of Deeds to comply with the decision of the court to issue a title and register a property in the name of a certain person, especially when the decision had attained finality, as in this case."

In view of the aforequoted opinion, it is hereby directed that henceforth in the title in favor of the prevailing party, the requirement of Section 107 of P.D. 1529, for the surrender of the owner's duplicate certificate "where it is necessary to issue a new certificate of title pursuant to any involuntary instrument which divests the title of the registered owner against his consent," may be dispensed with, provided, that the decision sought to be registered has become final and executory and that the registered owner of the person in possession of the owner's duplicate who has a registered interest in the property is a party to the case since the surrender of the duplicate is implied from the executory decision, and that it is the ministerial function of the Registrar of Deeds to comply with the decision of the court to issue a title and register a property in the name of a certain person, especially when the decision had attained finality. aETADI

Please be guided accordingly.

(SGD.) ALFREDO R. ENRIQUEZAdministratorLand Registration Authority