17. Petition for Reconstitution

In 1989, the heirs of Gavino who died on August 10, I987, filed a petition for reconstitution of his lost or destroyed Torrens Title to a parcel of land in Ermita, Manila. This was opposed by Marilou, who claimed ownership of the said land by a series of sales. She claimed that Gavino had sold the property to Bernardo way back in 1941, and as evidence thereof, she presented a Tax Declaration in 1948 in the name of Bernardo, which cancelled the previous Tax Declaration in the name of Gavino. Then she presented two deeds of sale duly registered with the Register of Deeds, the first one executed by Bernardo in 1954, selling the same property to Carlos, and the second one executed by Carlos in 1963, selling the same property to her. She also claimed that she and her predecessors in interest have been in possession of the properly since 1948.

If you were the Judge, how will you decide the petition? Explain.

No comments: