Saturday, August 9, 2014

Reconstitution of Title is an Action in Rem

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Reconstitution of title under Republic Act No. 26 ("An Act Providing A Special Procedure For The Reconstitution Of Torrens Certificates Of Title Lost Or Destroyed") is an action in rem, which means it is one directed not only against particular persons, but against the thing itself. Its object is to bar indifferently all who might be minded to make any objection against the right sought to be enforced, hence the judgment therein is binding theoretically upon the whole world. (Republic vs. CA, G.R. No. 101690 August 23, 1995)

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