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Strait Times, Inc. vs Court of Appeals

STRAIT TIMES INC. represented by RAFAEL M. IRIARTE, petitioner, vs. COURT OF APPEALS and REGINO PENALOSA, respondents.

G.R. No. 126673 | 1998-08-28

D E C I S I O N

PANGANIBAN, J.:

It is judicially settled that a trial court does not acquire jurisdiction over a petition for the issuance of a new owner's duplicate certificate of title, if the original is in fact not lost but is in the possession of an alleged buyer. Corollarily, such reconstituted certificate is itself void once the existence of the original is unquestionably demonstrated. Nonetheless, the nullity of the reconstituted certificate does not by itself settle the issue of ownership or title over the property, much less does it vest such title upon the holder of the original certificate. The issue of ownership must be...