Villanueva vs Viloria, GR No. 155804, Mar.

14 2008, 548 SCRA 401

Victorino Viloria claimed that he is the owner of a parcel of land in Iba, Zambales covered by
TCT 16156; that he and his wife went to and settled in Ilocos Sur until her wifes death in
1995. In the same year, he discovered that the duplicate copy of the TCT was eaten by
termites. He executed an Affidavit of Loss and he applied for reconstitution which the lower
court granted.
Viloria then sold the land in 2002 and a new TCT was issued to the buyer (Ruben Marty).
On the other hand, the spouses Villanueva were the actual occupants of the said land. They
came to know of the foregoing only in 2002. They petitioned for the annulment of the
reconstitution. They claimed that they are in possession of the duplicate copy of TCT 16156
as well as a Deed of Sale executed in their favor by the late wife of Viloria in 1986.
ISSUE: Whether or not to annul the reconstitution of the title.
HELD: Yes. If an owners duplicate copy of a certificate of title has not been lost but is in
fact in possession of another person, the reconstituted title is void and the court rendering
the decision has not acquired jurisdiction. Consequently, the decision may be attacked any
time.
As there is no proof to support actual loss of the said owners duplicate copies of said
certificates of title, the trial court did not acquire jurisdiction and the new titles issued in
replacement thereof are void.