We commend the Presiding Judge (Divina Luz P. Aquino-Simbulan) of Branch 41, Regional Trial Court (San Fernando) for acting swiftly on the Petition we filed in behalf of our client, Toledo D. Tuazon.
On May 11, 2022, we filed a Petition for Reconstitution of Title. It concerns a land title (TCT No. 322975-R covering a parcel of land with an area of 268 square meters. The document was lost; Hence the Petition for a new title. After the jurisdictional facts were established, trial was scheduled.
On September 7, 2022, evidence was presented and admitted. On the same day (September 7, 2022) the Court, issued a decision which states:
“Evidence showed that petitioner Toledo D. Tuazon is the registered owner of the lot covered by TCT No. 322975-R (Exhibit “A” with sub-markings) with an area of two hundred sixty-eight (268) square meters, located in San Jose, City of San Fernando, Pampanga. Petitioner entrusted some documents including TCT No. 322975-R, to his counsel – Atty. Atlee Viray. When Atty. Viray transferred some documents from St. Anthony Drug II to the City Hall, City of San Fernando, Pampanga, he found out that the original copy of TCT No. 322975-R was missing. Diligent effort was exerted to locate the title, but the same could not be found.
The subject property was declared for taxation purposes (Exhibit “D”) and the taxes due thereon were fully paid (Exhibit “E”). The fact of loss was duly recorded with the Office of the Registry of Deeds of Pampanga and this petition was filed.
CONCLUSION:
After a careful evaluation of the evidence adduced, this Court is of the considered opinion that the petitioner is entitled to the relief prayed for.
VIEWED IN THE LIGHT OF THE FOREGOING, the owner’s duplicate copy of TRANSFER CERETIFICATE OF TITLE NO. 322975-R previously issued to TOLEDO TUAZON, married to Erlinda P. Tuazon, is declared lost and has no further force and effect. Consequently, the Register of Deed of Pampanga is directed to issue another owner’s duplicate copy of TRANSFER CERTIFICATE OF TITLE NO. 322975-E, under the same terms and conditions, after payment of all prescribed legal fees and upon finality of this Resolution.”
This is the first time in our practice of law of more than 40 years that we experienced the release of decision on the same day it was offered. SANA ALL!