PETITION TO SURRENDER TITLE MAY BE FILED AS AN INCIDENT IN AN ACTION AFFECTING SAID TITLE

> Where the court in an action for specific performance, upheld the sale to the plaintiff and ordered the defendant to comply with the terms and conditions to the sale, it was proper for the plaintiff to ask the court to compel the defendant to surrender the duplicate certificate of title to the RD for the registration of the sale, this being a necessary incident in the main case

> Section 107 doesn’t preclude a party to a pending case to include as incident therein the relief stated under said section, specially if the certificate of title to be surrendered is intimately connected with the subject matter of the principal action

> Where the title is subject to a mortgage, the order of the court cannot in any way prejudice the rights of the mortgagee since any lien annotated in the certificate is incorporated or carried over to the new transfer certificate of title to whoever it is issued