Thursday, February 24, 2011

Reconstitution of a cancelled title

In Consulta No. 1618 and 2815 the LRA ruled that "while Court Orders are worthy of respect and deserving of compliance by miniterial officers, the orders should be understood in conformity with all the statutes and legal principles pertinent thereto. Thus, if the Register of Deeds finds that it is impossible to comply with the directive of the Court because the title to be cnacelled has already been cancelled, then said official has no alternative but to deny registration: x x x "

It is the duty of the Registrar of Deeds upon receipt of a certified copy of the order of reconstitution from the Clerk of Court to ascertain from his records and from the papers presented to him if the certificate of title to be reconstituted was in force at the time of its loss or destruction. If he finds that the same had already been cancelled before it was lost or destroyed, he shall report the matter to the court, which ordered the reconstitution. (Sec. 8, GLRO Circular No. 17) ( LRA Consulta No. 3279)

No comments:

Post a Comment