G.R. No. L-25475 March 29, 1968
FELICIDAD REYES-TALAG, petitioner-appellant, vs. REGISTER OF DEEDS OF LAGUNA, respondent-appellee.

FACTS

Numeriano Reyes owned land covered by Original Certificate of Title No. 187 in San Pedro, Laguna. On January 9, 1959, the government, through the Land Tenure Administration, instituted expropriation proceedings over this land. On June 23, 1959, the Court of First Instance of Laguna declared the government’s right to expropriate, but excluded two lots: one of 471 square meters sold to Felicidad Reyes-Talag (petitioner and daughter of Numeriano) and another of 1,170 square meters sold to Jose Oliver. This decision was annotated on the title. After surveying the 471 sq.m. lot with the Land Tenure Administration’s consent, petitioner requested the Register of Deeds to issue a new certificate of title for her portion. The Acting Register of Deeds repeatedly demanded additional documents: the owner’s duplicate certificate, a document showing transfer from Numeriano Reyes (provided via a public instrument of acknowledgment by Numeriano), Numeriano’s death certificate (after he died on August 8, 1962), and finally a deed of confirmation from Numeriano’s heirs (provided via a deed signed by the widow, as guardian of minors, and the other children). Despite full compliance, the Register of Deeds refused to issue the new title. Petitioner then filed a petition in the Court of First Instance of Laguna to direct the Register of Deeds to issue the title. The lower court denied the petition, citing that the expropriation decision’s dispositive portion did not mention petitioner’s ownership, she was not a party to that case, the acknowledgment was initially presented as a private document, and she had not satisfactorily shown ownership. Petitioner moved for reconsideration, explaining the acknowledgment was a public document and submitting the complete version. Upon denial, she appealed.

ISSUE

Whether the Register of Deeds should be ordered to issue a new certificate of title in favor of Felicidad Reyes-Talag over the 471 square meters of land.

RULING

Yes. The Supreme Court reversed the lower court’s order and directed the Register of Deeds to issue a new certificate of title in favor of Felicidad Reyes-Talag. The Court held that all interested parties recognized petitioner’s ownership: Numeriano Reyes acknowledged the transfer via a public instrument, and his heirs confirmed it via a deed, with no opposition. The expropriation decision expressly excluded the lot because it was sold to petitioner, constituting an adjudication in her favor. The deed of acknowledgment was duly notarized and thus a public document. While Section 44 of Act 496 (on severance or consolidation) might not directly apply, Section 112 of Act 496 authorizes the court, upon petition by a person in interest and after hearing, to order the entry of a new certificate upon any reasonable ground. The transfer, evidenced by the acknowledgment and confirmation, together with the presentation of the original title, warrants the issuance of a new certificate for the segregated portion. No costs were awarded.