The Supreme Court ruled that the failure of the Register of Deeds to produce a copy of a Deed of Sale does not automatically invalidate a Transfer Certificate of Title (TCT) if other evidence suggests the deed was presented. The Court emphasized the presumption of regularity in the issuance of land titles, placing the burden on those challenging the title to present clear and convincing evidence of its invalidity. This decision reinforces the security of land titles and the importance of maintaining accurate records in property transactions.

Lost Deeds, Lingering Doubts: Can a Missing Document Invalidate a Land Title?

This case revolves around a parcel of land originally awarded to Datu Kuli in cadastral proceedings, evidenced by Original Certificate of Title (OCT) No. 1654 issued in 1935. Decades later, Datu Kuli’s heirs, seeking to reconstitute the title, discovered that a different title, TCT 1608, had been issued in the name of Daniel R. Pia, based on a purported Deed of Sale from Datu Kuli to Pia in 1940. The heirs challenged the validity of Pia’s title, claiming Datu Kuli never sold the land, and that the Register of Deeds’ inability to produce the Deed of Sale proved its non-existence.

The central legal question is whether the failure to produce the original Deed of Sale, after the issuance of a TCT, is sufficient to invalidate that title and subsequent transfers. Petitioners argued that because the Register of Deeds could not provide a copy of the Deed of Conveyance, the sale to respondent Pia never occurred. However, the court disagreed, emphasizing that the law requires the Register of Deeds to obtain a copy of the Deed of Conveyance before cancelling the seller’s title, the subsequent inability to produce the copy does not negate the sale.

The Supreme Court cited Section 57 of the Property Registration Decree, which outlines the procedure for registering land conveyances. This section mandates the execution and registration of a deed of conveyance, the creation of a new certificate of title for the grantee, and the cancellation of the grantor’s certificate. The Court found that the evidence presented indicated that this procedure was followed in the issuance of TCT 1608. Even though copies of the Deed of Sale and the OCT of Datu Kuli were not found, evidence presented showed the conveyance of property to respondent Pia was given to the Register of Deeds on December 21, 1940. This formed the foundation for the cancellation of Datu Kuli’s title.

The Court highlighted the **presumption of regularity** in the issuance of public documents, including land titles. This means that courts assume government officials perform their duties correctly unless there is clear evidence to the contrary. As the Court stated in *Alvarico v. Sola*, 432 Phil. 792 (2002):

It requires more than petitioners’ bare allegation to defeat TCT 1608, which on its face enjoys the legal presumption of regularity of issuance.

This presumption places a significant burden on the party challenging the title to present convincing evidence of irregularity or fraud. The petitioners failed to overcome this presumption, as they provided no evidence beyond their own assertions that the sale never occurred. Their argument hinged on the absence of the Deed of Sale from the Register of Deeds’ records.

The Court found the Register of Deeds’ explanation for the missing document credible. The records containing the Deed of Sale were described as “very much mutilated”. To support this, the Register of Deeds provided a certification showing an entry in the Primary Entry Book:

Entry No. 7512
Date of Registration:	Dec. 21, 1940 at 7:58am
Nature of Document:	Deed of Sale
Date of Document:	(Dilapidated Portion)
Executed by:	Datu Dalandag Kuli
In favor of:	Daniel R. Pia
Amount:	P390.00

This entry confirmed that a Deed of Sale from Datu Kuli to Daniel R. Pia had been recorded, supporting the validity of TCT 1608. The fact that the original document was later lost or damaged did not negate the fact of its prior existence and registration.

The Court also addressed the issue of the administrative reconstitution of TCT 1608. Republic Act No. 26 outlines the procedure for reconstituting lost titles. Section 3 of this Act specifies the sources to be used, in the following order of priority:

SECTION 3. Transfer certificates of title shall be reconstituted from such of the sources hereunder enumerated as may be available, in the following order:
(a) The owner’s duplicate of the certificate of title;
(b) The co-owner’s, mortgagee’s, or lessee’s duplicate of the certificate of title;
(c) A certified copy of the certificate of title, previously issued by the register of deeds or by a legal custodian thereof;
(d) The deed of transfer or other document, on file in the registry of deeds, containing the description of the property, or an authenticated copy thereof, showing that its original had been registered, and pursuant to which the lost or destroyed transfer certificate of title was issued;
(e) A document, on file in the registry of deeds, by which the property, the description of which is given in said document, is mortgaged, leased or encumbered, or an authenticated copy of said document showing that its original had been registered; and
(f) Any other document which, in the judgment of the court, is sufficient and proper basis for reconstituting the lost or destroyed certificate of title.

The Court found that the Register of Deeds properly reconstituted TCT 1608 using the owner’s duplicate of the certificate of title, which is the primary source under Republic Act No. 26. Because the owner’s duplicate copy of TCT 1608 was present with the Register of Deeds, it was unnecessary for the registrar to compel the respondent Pia to produce his copy before reconstituting his title. This further solidified the validity of TCT 1608 and the subsequent titles derived from it.

This case highlights the importance of due diligence in challenging land titles. A mere claim of irregularity, without substantial evidence, is insufficient to overcome the presumption of regularity afforded to registered land titles. The decision underscores the stability and reliability of the Torrens system, which relies on the accuracy and integrity of land registration records.

FAQs

What was the key issue in this case?	The key issue was whether the inability of the Register of Deeds to produce a copy of the Deed of Sale invalidated the Transfer Certificate of Title (TCT) issued based on that deed.
What is the presumption of regularity?	The presumption of regularity means that government officials are presumed to have performed their duties correctly, unless there is clear evidence to the contrary. This applies to the issuance of land titles.
What evidence did the petitioners present to challenge the title?	The petitioners primarily relied on the fact that the Register of Deeds could not produce a copy of the Deed of Sale. They claimed that this absence proved the sale never happened.
What evidence did the respondents present to support the title?	The respondents presented a certification from the Register of Deeds showing an entry in the Primary Entry Book indicating that a Deed of Sale from Datu Kuli to Daniel R. Pia had been recorded.
What is Republic Act No. 26?	Republic Act No. 26 provides a special procedure for the reconstitution of Torrens Certificates of Title that have been lost or destroyed. It outlines the sources to be used for reconstitution.
What is the order of priority for reconstituting lost titles under RA 26?	The order of priority is: (a) the owner’s duplicate; (b) co-owner’s, mortgagee’s, or lessee’s duplicate; (c) certified copy from the Register of Deeds; (d) deed of transfer on file; (e) document on file showing mortgage, lease, or encumbrance; (f) any other document deemed sufficient by the court.
Why was the administrative reconstitution of TCT 1608 considered valid?	The administrative reconstitution was valid because it was based on the owner’s duplicate of the certificate of title, which is the primary source for reconstitution under Republic Act No. 26.
What is the significance of the Torrens system?	The Torrens system is a land registration system that aims to provide certainty and security to land ownership by creating a public record of land titles that is conclusive and indefeasible.

This case serves as a reminder of the importance of maintaining accurate and complete land records, and the legal weight given to registered land titles. The decision reinforces the principle that challenges to land titles must be supported by substantial evidence, not merely speculative claims.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Heirs of Datu Dalandag Kuli v. Daniel R. Pia, G.R. No. 199777, June 17, 2015