DISPOSITIVE:

“WHEREFORE, the instant Petition is hereby DENIED. The assailed August 2, 2012 Decision and the January 30, 2013 Resolution of the Court of Appeals in CA-G.R. CV No. 91686 are hereby AFF’IRMED.

Respondcnts’Motion for Prior Leave of Court (to file [l] Notice of Death of }\;farina S. Valero; [2] Motion to Allow Substitution of Movants as Compulsory Heirs of the Decedent; and [3] Entry of Appearance of Undersigned Counsel for Movants) is NOTED.

No pronouncement as to costs.

SO ORDERED.”

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

THIS IS A CASE FOR RECONSTITUTION OF TITLE. APPELLANTS ARGUE THAT THERE WAS NO PUBLICATION OF THE REVISIONS OF THE ORIGINAL PETITION AND THUS RTC DID NOT ACQUIRE JURISDICTION OVER THE CASE. SUPREME COURT SAID THAT THE REVISIONS MERELY REFER TO THE SUBSTITUTION OF THE PARTIES IN VIEW OF THE DEATHS OF SPOUSES MANALO AND THE MENTION OF RA 26 AS THE APPLICABLE LAW. THESE ARE MINOR MATTERS. NEW PUBLICATION IS NOT NECESSARY.

This Court finds, as the CA did, that the foregoing does not affect the nature of the action that necessitates another posting and publication, 25 The revisions merely refer to the substitution of the parties in view of the deaths of the spouses Manalo and the mention of RA 26 as the applicable law. These are minor matters that simply tend to assist and guide the RTC in conducting the proceeding. Hence, the earlier posting and publication of the petition for reconstitution prior to the second amendment w~re sufficient for the RTC to acquire jurisdiction on the subject matter of the case.

WHAT ARE THE REQUISITES TO BE COMPLIED WITH FOR AN ORDER FOR RECONSTITUTION TO BE ISSUED?

In Sebastian v. Spouses Cruz, 19 We pointed out that the following
requisites must be complied with for an order for reconstitution to be
issuE:d: (a) that the certificate of title had been lost or destroyed; (b) that the
documents presented by petitioner are sufficient and proper to
wanant reconstitution of the lost or destroyed certificate of title; (c) that the
petitioner is the regist~red owner of the property or had an interest
therein; ( d) that the certificate of title was in force at the time it was lost and
destroyed; and (e) that the description~ area and boundaries of the property are
substantially the same as those contained in the lost or destroyed
certificate of title. Petitioner claims that the RTC did not acquire jurisdiction
over the case because the second amended petition contained substantial
changes and annexes and yet said petition was not posted and published as
required under Sections 12 and 13 of RA 26.

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