Metropolitan Waterworks & Sewerage System vs. Hon. Nicanor S. Sison

METROPOLITAN WATERWORKS & SEWERAGE SYSTEM
made in the Official Gazette, the publication thereof in the
vs.
Manila Daily Bulletin is authorized by Section 1 of Rep. Act
HON. NICANOR S. SISON
4569 and, therefore, constitutes substantial compliance with

the law.
FACTS:
On February 4, 1970, the Heirs of Don Mariano de San Pedro,
Acting on these motions, the trial court, this time presided by
Domingo Cecilia and the Urban Agro Products Inc., private
respondent Judge Nicanor Sison, issued the order of March
respondents herein, filed in the Court of First Instance of Rizal
27, 1974, setting aside the order of April 6, 1970 and declared
a, verified petition for reconstitution of the transfer certificates
cancelled and of no further force and effect.
of title covering Lot Nos. 946, 947 and 948 of the Tala Estate,
Caloocan City, which were allegedly lost during the last World
On May 15, 1974, the other private respondents, namely:
War.
Eastcoast Development Enterprises, Inc., Constancio B.

Maglana and Francisco Artigo filed a motion to intervene and
Petitioners prayed that the transfer certificates of titles covering
to set aside the order of March 27, 1974. They claimed to have
the said lands be reconstituted in their names on the basis of
legal interest in the subject matter of the proceedings for being
the plans and technical descriptions attached to the petition.
innocent purchasers for value and holders of transfer
On April 6, 1970, the trial court issued the order granting the
certificates of title derived from the reconstituted titles.
petition for reconstitution.

After submission of the opposition, reply and rejoinder,
Two years thereafter, or on July 17, 1973, the Isabela Cultural
respondent Judge Sison issued the questioned order of
Corporation filed a motion to set aside the order of April 6,
September 4, 1975, ruling that since the petition for
1970. It mainly alleged that the order was null and void on
reconstitution is a proceeding in rem, the publication of the
ground of lack of jurisdiction of the court to entertain the
notice of hearing, whether made in the Official Gazette or in a
petition because the order of February 5, 1970 setting the
newspaper of general circulation, was sufficient compliance
petition for hearing was published in the Manila Daily Bulletin
with the provisions of Section 13 of Rep. Act No. 26, in relation
and not in the Official Gazette, as prescribed under Section 13
to Rep. Act 4569.
of Rep. Act No. 26; that said order was likewise a patent nullity
for having been issued without actual and personal notice upon
ISSUE: WON the questioned orders authorizing the issuance
Isabela, the actual possessor and registered owner of Lots
of reconstituted titles over the same lands must be struck down
Nos. 946, 947 and 948.

HELD:
On September 4, 1973, petitioner Metropolitan Waterworks
There is no dispute that the notice of hearing of the petition
and Sewerage System, MWSS for short, a government
filed before the respondent court was never published in the
corporation, filed an Omnibus Motion, praying for leave to
Official Gazette.
intervene and for admission of its motion to set aside the order
of April 6, 1970. MWSS claimed that for failure to publish the
The publication of the petition in two successive issues of the
notice of hearing in the Official Gazette, as required by Section
Official Gazette are mandatory and juristificational requisites.
13 of Rep. Act No. 26, the trial court did not acquire jurisdiction
to hear the petition for reconstitution, much less to issue the
A proceeding for judicial reconstitution of lost certificate of title
order of reconstitution; and that granting arguendo that the
partakes of the nature of a land registration and cadastral
court did acquire jurisdiction over the petition, the reconstituted
proceeding, where publication of the notice of initial hearing in
titles cannot prevail over the existing titles of MWSS.
the Official Gazette is required.
Private respondents opposed the above motions of Isabela
Considering
and MWSS, advancing in support thereof, that, while Rep. Act
certificates of title which have not been cancelled either by
No. 26 provides that publication of the notice of hearing be
judicial or administrative process, the questioned orders
that
petitioners
are
holders
of
subsisting
authorizing the issuance of reconstituted titles over the same

lands must be struck down. Needless to state, the anomalous
situation where two persons hold separate titles over the same
lands cannot be countenanced.
Courts must exercise the greatest caution in entertaining such
petitions for reconstitution of allegedly lost certificates of title,
particularly where the petitions are flied, as in this case, after
an inexplicable delay of 25 years after the alleged loss.
Furthermore, the courts must likewise make sure that
indispensable parties, i.e., the actual owners and possessors
of the lands involved, are duly served with actual and personal
notice of the petition (not by mere general publication),
particularly
where
the
lands
involved
constitute
prime
developed commercial land . . . The stability and indefeasibility

of the Torrens System would have been greatly imperiled had
the
appellate
court's
judgment
granting
reconstitution
prevailed, resulting in two holders of Torrens certificates over

the same lands. We can take judicial notice of innumerable
litigations and controversies that have been spawned by the
reckless and hasty grant of such reconstitution of alleged lost
or destroyed titles as well as the numerous purchasers who
have been victimized only to find that the 'lands' purchased by
them were covered by forged or fake titles or their areas simply
'expanded' through 'table surveys' with the cooperation of,
unscrupulous officials.
The Court stresses once more that lands already covered by
duly issued existing Torrens titles cannot be the subject of
petitions., for reconstitution of allegedly lost or destroyed titles
filed by third parties without first securing by final judgment the
cancellation of such existing titles. The courts simply have no
jurisdiction over petitions by such third parties for reconstitution
of allegedly lost or destroyed titles over lands that are already
covered by duly issued subsisting titles in the names of their
duly registered owners. The very concept of stability and
indefeasibility of titles covered under the Torrens System
registration rules out as anathema the issuance of two
certificates of title over the same land to two different holders
thereof A fortiori, such proceedings for 'reconstitution' without
actual notice to the duly registered owners and holders of
Torrens Titles to the land are null and void. Applicants, land
officials
and
judges
who
disregard
these
basis
and
fundamental principles will be held duly accountable therefore.

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METROPOLITAN WATERWORKS & SEWERAGE SYSTEM

made in the Official Gazette, the publication thereof in the

Manila Daily Bulletin is authorized by Section 1 of Rep. Act

HON. NICANOR S. SISON

4569 and, therefore, constitutes substantial compliance with

Acting on these motions, the trial court, this time presided by

Domingo Cecilia and the Urban Agro Products Inc., private

respondent Judge Nicanor Sison, issued the order of March

respondents herein, filed in the Court of First Instance of Rizal

a, verified petition for reconstitution of the transfer certificates

cancelled and of no further force and effect.

On May 15, 1974, the other private respondents, namely:

Eastcoast Development Enterprises, Inc., Constancio B.

Petitioners prayed that the transfer certificates of titles covering

the said lands be reconstituted in their names on the basis of

legal interest in the subject matter of the proceedings for being

the plans and technical descriptions attached to the petition.

innocent purchasers for value and holders of transfer

certificates of title derived from the reconstituted titles.

petition for reconstitution.

respondent Judge Sison issued the questioned order of

Corporation filed a motion to set aside the order of April 6,

September 4, 1975, ruling that since the petition for

reconstitution is a proceeding in rem, the publication of the

ground of lack of jurisdiction of the court to entertain the

notice of hearing, whether made in the Official Gazette or in a

petition because the order of February 5, 1970 setting the

newspaper of general circulation, was sufficient compliance

petition for hearing was published in the Manila Daily Bulletin

with the provisions of Section 13 of Rep. Act No. 26, in relation

and not in the Official Gazette, as prescribed under Section 13

to Rep. Act 4569.

ISSUE: WON the questioned orders authorizing the issuance

Isabela, the actual possessor and registered owner of Lots

of reconstituted titles over the same lands must be struck down

Nos. 946, 947 and 948.

There is no dispute that the notice of hearing of the petition

and Sewerage System, MWSS for short, a government

filed before the respondent court was never published in the

corporation, filed an Omnibus Motion, praying for leave to

The publication of the petition in two successive issues of the

notice of hearing in the Official Gazette, as required by Section

Official Gazette are mandatory and juristificational requisites.

A proceeding for judicial reconstitution of lost certificate of title

order of reconstitution; and that granting arguendo that the

partakes of the nature of a land registration and cadastral

court did acquire jurisdiction over the petition, the reconstituted

proceeding, where publication of the notice of initial hearing in

titles cannot prevail over the existing titles of MWSS.

the Official Gazette is required.

Private respondents opposed the above motions of Isabela

and MWSS, advancing in support thereof, that, while Rep. Act

certificates of title which have not been cancelled either by

No. 26 provides that publication of the notice of hearing be

judicial or administrative process, the questioned orders

authorizing the issuance of reconstituted titles over the same

developed commercial land . . . The stability and indefeasibility

prevailed, resulting in two holders of Torrens certificates over