re-issuance of 2nd owners copy of title

It is judicially settled that a trial court does not acquire jurisdiction over a petition for the issuance of a new owner’s duplicate certificate of title if the original is in fact not lost but in the possession of the alleged buyer.  Such reconstituted certificate is itself void once the existence of the original is unquestionably demonstrated. Nonetheless the nullity of the reconstituted certificate does not by itself settle the issue of ownership over the property; much less does it vest such title upon the holder of the original certificate. The issue of ownership must be litigated in appropriate proceedings. It cannot be determined in an action for the issuance of a new owner’s duplicate certificate of title or in proceedings to annul such newly issued certificate.