MUNICIPALITY of LEGAZPI vs. A.L.

AMMEN
November 29, 1968 – No. L-22377 – 26 s. 218
J. Fernando

FACTS
A.L. Ammen filed a petition for reconstitution of title on the ground that it has lost its
certificate of title. The CFI of Albay granted the petition.

Herein petitioner however refused to surrender possession of the subject land. A.L.
Ammen thus filed a complaint for recovery of possession of the land.

Petitioner argues that the reconstituted title is invalid and that it could not be enforced
against it because it was not notified and not made party to the proceeding.

ISSUE
Whether or not the reconstituted title is binding against the petitioner.

HELD
A judicially reconstituted certificate of title has the same validity and legal effect as the
original thereof. (Section 7, R.A. No. 26)

Proceedings for judicial reconstitution of title are in rem and as such, no individual notice
need be sent to any particular person who has an interest in the property covered by the title.
Failure to send such notices would not amount to a jurisdictional defect.

The land registration or cadastral court acquires jurisdiction to hear and decide a petition
for reconstitution upon compliance with the required posting of notices and the publication in the
Official Gazette. (PNB vs. De La Vina)