Mark Dave Castillejo

Ralph John A. Valdez

2A
Quiz No. 13

1.
By a chattel mortgage, personal property is recorded in the Chattel Mortgage
Register as a security for the performance of an obligation. If the movable, instead of
being recorded, is delivered to the creditor or a third person, the contract is a pledge
and not a chattle mortgage.
The sole purpose and object of the chattel mortgage registry is to provide for the
registry of chattel mortgages and transfers thereof, that is to say, mortgages of
personal property executed in the manner and form prescribed in the statute. A factory
building is a real property, and the mere fact that it is mortgaged and sold, separate and
apart from the land on which it stands, in no wise changes its character as real property.
Under Art 2140 of the civil code, By a chattel mortgage, personal property is
recorded in the Chattel Mortgage Register as a security for the performance of an
obligation. If the movable, instead of being recorded, is delivered to the creditor or a
third person, the contract is a pledge and not a chattel mortgage.

2.
Chattel Mortgage must be registered in the Register of Deeds if residing in the
Philippines but if he is residing abroad, it must be in the place where the property is
located. However, if the residence and location of the property are different then it must
be in both place of residence of mortgagor and location of the property.
With the exception that if the amount is greater than 500,000.00, then the parties
to the mortgage contract may agree to have the mortgagee registered only in the place
where the property is located.
Furthermore, the purpose of the chattel mortgage law is to promote the economic
status of businesses and trade, and to enhance the exchange for better development
progress.

3.
Encumbrances of motor vehicles. - Mortgages, attachments, and other
encumbrances of motor vehicles, in order to be valid, must be recorded in the Land
Transportation Commission and must be properly recorded on the face of all
outstanding copies of the certificates of registration of the vehicle concerned.
Cancellation or foreclosure of such mortgages, attachments, and other encumbrances
shall likewise be recorded, and in the absence of such cancellation, no certificate of
registration shall be issued without the corresponding notation of mortgage, attachment
and/or other encumbrances.
Records of encumbrances of motor vehicles shall be kept by the Land
Transportation Commission in chronological sequence and shall contain, among other
things, the time, date and number of the entry in a "Book of Motor Vehicles" referring to
the creation, cancellation or foreclosure of the aforesaid mortgages, attachments or to
other encumbrances. The Land Transportation Commission shall collect a fee of five
pesos for every annotation of a mortgage, attachment and/or other encumbrances, or
cancellation thereof.

4.
Where to file? - Proceeding under Section 108 is summary in nature,
contemplating corrections or insertions of mistakes which were only clerical but
certainly not controversial issues. Relief under the said legal provision can only be
granted if there is unanimity among the parties, or that there is no adverse claim or
serious objection on the part of any party in interest. All petitions or motions after
original registration shall be filed and entitled in the original case in which the decree of
registration was entered.
What are the grounds?

the registered interests of any description, whether vested, contingent,

expectant or inchoate appearing on the certificate, have terminated and
ceased; or

that new interests not appearing upon the certificate have arisen or been
created; or

that an omission or error was made in entering a certificate or any

memorandum thereon, or, on any duplicate certificate; or

that the same or any person on the certificate has been changed; or

that the registered owner has married, or, if registered as married, that the
marriage has been terminated and no right or interests of heirs or creditors
will thereby be affected;or

that a corporation which owned registered land and has been dissolved has
not convened the same within three years after its dissolution; or

upon any other reasonable ground.

How it is done? A petition for amendment and alteration may be filed when
the abovementioned grounds is present. and the court may hear and determine the
petition after notice to all parties in interest, and may order the entry or cancellation of
a new certificate, the entry or cancellation of a memorandum upon a certificate, or grant
any other relief upon such terms and conditions, requiring security or bond if necessary,
as it may consider proper. No limitation or period is fixed for filing a petition to
annotate a deed of sale at the back of a certificate of title. If any party claims that a
person registering a deed of sale can no longer do so, because the deed was executed
more than 10 years before, such objection must be raised in an ordinary civil action

5.
The requirements for the replacement of a lost duplicate certificate are

the registered owner or other person in interest shall send notice of the loss or
destruction of the owners duplicate certificate of title to the Register of Deeds
of the province or city where the land lies as soon as the loss or destruction is
discovered;

The corresponding petition for the replacement of the loss or destroyed

owners duplicate certificate shall then be filed in court and entitled in the
original case in which the decree of registration was entered;

The petition shall state under oath the facts and circum- stances surrounding
such loss or destruction;

The court may set the petition for hearing, after due notice to the Register of
Deeds and all other interested parties as shown in the memorandum of
encumbrances noted in the original or transfer certificate of title on file in the
office of the Register of Deeds;

After due notice and hearing, the court may direct the issuance of a new
duplicate certificate which shall contain a memorandum of the fact that it is
issued in place of the lost or destroyed certificate and shall in all respects be
entitled to the same faith and credit as the original duplicate.

Lastly, there must be a due notice under oath regarding the loss to be sent to the
register of deeds. A mere affidavit of loss is insufficient.

6.
If I were the judge, I will give due course to the petition of the heirs of Gavino
despite the opposition of Marilou for the reason that Judicial reconstitution of a
certificate of title under RA No. 26 partakes of a land registration proceeding and is
perforce a proceeding in rem.
It denotes restoration of an existing instrument which has been lost or destroyed
in its original form and condition. The purpose of reconstitution of title or any
document is to have the same reproduced, after proceedings. In the same form, they
were when the loss or destruction occurred. If the Court goes beyond that purpose, it
acts without or in excess of jurisdiction.

Thus, where the Torrens Title sought to be reconstituted is in the name of Gavino,
the court cannot receive evidence proving that Marilou is the owner of the land.
Marilou's dominical claim to the land should be ventilated in a separate civil action
before the Regional Trial Court in its capacity as a court of general jurisdiction.

7.
No, it is not sufficient. Luisa failed to mail it to every person named in the notice
whose address are known. In which case, her failure will effect the nullity of the decree
of reconstitution.

8.
The law provides under section 19 of RA 26 that if the certificate of title considered lost
or destroyed, and subsequently found or recovered, is not in the name of the same person in
whose favor the reconstituted certificate of title has been issued, the register of deeds should
bring the matter to the attention of the proper Court of First Instance, which, after due notice
and hearing, shall order the cancellation of the reconstituted certificate of title and render, with
respect to the memoranda of new liens or encumbrances, if any, made in the reconstituted
certificate of title, after its reconstitution, such judgment as justice and equity may require:
Provided, however, That, if the reconstituted certificate of title has been cancelled by virtue of
any deed or instrument, whether voluntary or involuntary, or by an order of the court, and a
new certificate of title has been issued, the procedure prescribed above, with respect to
memoranda of new liens or encumbrances made on the reconstituted certificate of title, after its
reconstitution, shall be followed with respect to the new certificate of title, and to such new liens
or encumbrances, if any, as may have been made on the latter after the issuance thereof.
In the case given, it is clear in the circumstances the applicability of section 19.

9.
In Judicial reconstitution, the doctrine of res judicata applies while in
Administrative reconstitution, it doesnt apply. The issuance by the LRA of a

reconstituted title is an executive function, not a judicial or quasi-judicial function. Only

judicial or quasi-judicial decisions can become res judicata
In Judicial reconstitution, the action is in rem while Administrative
reconstitution is not.
In judicial reconstitution, Original certificates of title shall be reconstituted from
such of the sources hereunder enumerated as may be available, in the following order:
(a) The owner's duplicate of the certificate of title;
(b) The co-owner's, mortgagee's, or lessee's duplicate of the certificate of title;
(c) A certified copy of the certificate of title, previously issued by the register of deeds or
by a legal custodian thereof;
(d) An authenticated copy of the decree of registration or patent, as the case may be,
pursuant to which the original certificate of title was issued;
(e) A document, on file in the registry of deeds, by which the property, the description
of which is given in said document, is mortgaged, leased or encumbered, or an
authenticated copy of said document showing that its original had been registered; and
(f) Any other document which, in the judgment of the court, is sufficient and proper
basis for reconstituting the lost or destroyed certificate of title.
WHILE, the procedure relative to administrative reconstitution of lost or
destroyed certificate prescribed in said Act may be availed of only in case of substantial
loss or destruction of land titles due to fire, flood or other force majeure as determined
by the Administrator of the Land Registration Authority: Provided, That the number of
certificates of titles lost or damaged should be at least ten percent (10%) of the total
number in the possession of the Office of the Register of Deeds: Provided, further, That
in no case shall the number of certificates of titles lost or damaged be less than five
hundred (500).

10.
The Regional trial Court as a Land Registration Court has acquired the
jurisdiction. Given the fact that there is an amendment of the technical description of
the land embodied in the certificate of title, there should now be a re-publication

which is mandatory in nature so that the court could acquire jurisdiction. Otherwise,
if no re-publication, the decision is void because the court did not acquire
jurisdiction over the same.