Accordingly, petitioner Rowena H.

Solana presented evidence to

show that she bought the subject property from titleholders on May 3, 2017.
On the other hand, respondent Rizalino T. Cruz presented evidence
showing that the said property was mortgaged to him on September 3,
2016 by the titleholders. As mortgagee, respondent Rizalino T. Cruz
entitled to possession of the owner’s duplicated copy of title. Evidence will
show that the mortgage executed by the respondent among themselves
precedes the Deed of Absolute Sale executed between the petitioner
Solana and the respondent dela Cruz.

The electronic copy of the title of the subject property presented by

the petitioner, particularly the Memorandum of Encumbrances will show
that a Notice of Adverse Claim was executed by petitioner Rowena H.
Solana, and that entry would protect her. This court however, cannot deny
the fact that respondent Rizalino T. Cruz claims his rights as a mortgagee
prior to that of the petitioner and that he is entitled to possession of the
owner’s duplicate copy of title. Hence, no relief can be obtained by the
petitioner Rowena H. Solana.

Sec. 107 of Presidential Decree No. 1529 calls for a surrender of

titles arising from voluntary or involuntary instrument. In this case, the
petitioner has not presented evidence to show the voluntary or involuntary
deed between her and respondent Rizalino T. Cruz. While a voluntary deed
exist between the petitioner and respondents Jimisio dela Cruz and Evelyn
dela Cruz, the fact remains that the owner’s duplicate copy of title is in
possession of the voluntary or involuntary deed exist between the petitioner
and Rizalino T. Cruz and that the latter as a mortgagee is entitled to
possession of the owner’s duplicate copy of tile. Hence, the relief under
Sec. 107 of Presidential Decree No. 1529 is not available against the
respondent Rizalino T. Cruz.

The disposition of the court is of course without prejudice to any

further resolution of controversy as to who between the parties have a
better right over the property and who is in good faith. As it stand, Rizalino
T. Cruz is entitled to possession.