eng
competition

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CIVIL LAW QUESTION (4/17/2024)

created Apr 17th, 00:29 by etat


2


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242 words
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In 2008, a fire razed the Register of Deeds of San Fernando, Pampanga (RD). Several titles on file were burned. Long before the fire, Tito, Vic, and Joey had been living in a 350-sq. m. lot covered by TCT No. 49933, which they inherited from their parents. The original of TCT No. 49933 on file with the RD was among the titles which were burned. To effect the partition agreed among them, the siblings filed a verified petition for reconstitution of the TCT before your court.
To support the petition, the siblings presented: (i) a notarized affidavit of loss duly recorded and registered with the RD; (ii) a photocopy of TCT No. 49933; (iii) real property tax declarations and receipts to evidence payment of real property taxes, together with the sketch and subdivision plan; (iv) a Land Registration Authority (LRA) Report which states that the survey and subdivision plans and the technical description of the property may be used as a basis for inscription of the technical description of the reconstituted property; (v a microfilm copy of the plans and technical description on file with the LRA; and (vi) the Extrajudicial Settlement of Estate executed among them.
The public prosecutor, duly deputized by the Office of the Solicitor General (OSG), prays for the denial of the petition, and argues that the foregoing documents are insufficient for reconstitution of TCT No. 49933.
 
Should the petition for reconstitution be granted? Explain briefly. (5 points)

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