Section 107. Surrender of withhold duplicate certificates.

Where it is

necessary to issue a new certificate of title pursuant to any involuntary

instrument which divests the title of the registered owner against his

consent or where a voluntary instrument cannot be registered by reason of

the refusal or failure of the holder to surrender the owner's duplicate

certificate of title, the party in interest may file a petition in court to

compel surrender of the same to the Register of Deeds. The court,

after hearing, may order the registered owner or any person

withholding the duplicate certificate to surrender the same, and direct

the entry of a new certificate or memorandum upon such surrender.

If the person withholding the duplicate certificate is not amenable to

the process of the court, or if not any reason the outstanding owner's

duplicate certificate cannot be delivered, the court may order the

annulment of the same as well as the issuance of a new certificate of

title in lieu thereof. Such new certificate and all duplicates thereof shall

contain a memorandum of the annulment of the outstanding duplicate.

Section 2. Nature of registration proceedings; jurisdiction of courts. —

Judicial proceedings for the registration of lands throughout the Philippines

shall be in rem and shall be based on the generally accepted principles

underlying the Torrens system.

Courts of First Instance shall have exclusive jurisdiction over all

applications for original registration of title to lands, including improvements

and interests therein, and over all petitions filed after original registration of

title, with power to hear and determine all questions arising upon such

applications or petitions. The court through its clerk of court shall furnish

the Land Registration Commission with two certified copies of all pleadings,

exhibits, orders, and decisions filed or issued in applications or petitions for

land registration, with the exception of stenographic notes, within five days

from the filing or issuance thereof.

Section 53. Presentation of owner's duplicate upon entry of new certificate.

No voluntary instrument shall be registered by the Register of Deeds,
unless the owner's duplicate certificate is presented with such instrument,
except in cases expressly provided for in this Decree or upon order of the
court, for cause shown.

The production of the owner's duplicate certificate, whenever any voluntary

instrument is presented for registration, shall be conclusive authority from
the registered owner to the Register of Deeds to enter a new certificate or
to make a memorandum of registration in accordance with such instrument,
and the new certificate or memorandum shall be binding upon the
registered owner and upon all persons claiming under him, in favor of every
purchaser for value and in good faith.

In all cases of registration procured by fraud, the owner may pursue all his
legal and equitable remedies against the parties to such fraud without
prejudice, however, to the rights of any innocent holder for value of a
certificate of title. After the entry of the decree of registration on the original
petition or application, any subsequent registration procured by the
presentation of a forged duplicate certificate of title, or a forged deed or
other instrument, shall be null and void.