Dispensing the surrender of the owner's duplicate copy of title

Section 80 of Presidential Decree No. 1529, provides: "Every court rendering judgment in favor of the plaintiff affecting registered land shall, upon petition of said  plaintiff, order any parties before it to execute for registration any deed or instrument necessary to give effect to the judgment, and shall require the registered owner to deliver his duplicate certificate to plaintiff or to the Register of Deeds to be cancelled or to have a memorandum annotated upon it."

While Section 80 requires that the herein registered owner first surrender her duplicate certificates of title for cancellation, in Toledo Banaga vs Court of Appeals in G.R. No. 127941 (302 SCRA 331) the Supreme Court ruled that  " as part of the execution process, it is ministerial function of the Register of Deeds to comply with the decison of the court to issue a title and register a property in the name of a certain person when the decision had attained finality... the formality that the registered owner first surrenders her duplicate certificate of title for cancellation per Section 80 of Presidential Decree No. 1529 bears no merit x x x If execution cannot be held just because the losing party will not surrender her titles, the entire proceeding in the courts, not to say the efforts,  expenses and time of the parties, would be rendered nugatory." (LRA Consulta No. 3358 dated June 11, 2002)