Reconstitution of Lost or Destroyed Certicate of Title and Issuance of New Owners Duplicate Certicate

1. Nature and Concept of Reconstitution 1.1. 1.2. 1.3. 1.4. 1.5. 1.6. 1.7. Reconstitution of certicate of title denotes restoration of the instrument which is supposed to have been lost or destroyed in its original form and condition1 . Its purpose is to reproduce the title, after proper proceedings, in the same form it was when the loss or destruction occurred2; Reconstitution proceedings cannot be stretched to include changes which alter or affect the title of the registered owner3 ; Reconstitution proceedings does not cause the re-registration and issuance of a new certicate of title in lieu of the one originally registered4; The court cannot authorize the issuance of a writ of possession in a reconstitution proceedings5; Correction of the name of the owners cannot be authorized under the summary proceedings in Republic Act No. 368 6; Courts jurisdiction is bound by the petition and the published notice, it cannot received evidence proving that certain persons instead of the published petitioner is the registered co-owner7 ; Court has no jurisdiction to reconstitute lost or destroyed titles covered by duly issued predecessor title in the names of their duly registered owners8; A certicate of title partially destroyed shall be reconstituted totally. But if the said certicate of title consist of more than one sheet, such sheets or sheets only as may be destroyed or may be missing should be reconstituted 9

1.8. 1.9.

1 2 3 4 5 6 7 8 9

Zafra Vda de Anciano vs. Caballes, 93 Phil. 875 Heirs of Pedro Pinote vs. Dulay 187 SCRA 12 Bachoco vs. Esperancilla, et al. 105 Phil. 414 Zafra vda. de Anciano, Supra. 876-77 Serra Serra vs, Court of Appeals, 195 SCRA 482 Bunagan vs. CFI of Cebu, Branch VI, 97 SCRA 72 Heirs of Pinote, supra. Alabang Development Corporation vs. Valenzuela, 116 SCRA 261 Consulta No. 1646 1

2. Kinds of Reconstitution Proceeding 2.1. Judicial Reconstitution - initiated by the ling of a veried petition in the Regional Trial Court of the province or city where the land is located. Pursuant to Section 6, (b) and (d) and Section 110 of Presidential Decree No. 1529, the Land Registration Authority issued LRC Circular No. 35 (June 13, 1983). Sources for the Reconstitution of Original Certicate of Title (Section 2, Republic Act No. 26). The owners duplicate of the certicate of title. The co-owners certicate of title A certied copy of the certicate of title, previously issued by the register of deeds or by a legal custodian thereof. A document, on le in the registry of deeds by which the property, the description of which is given in said document, i.e. mortgaged 10, leased or encumbered, or an authenticated copy of said document showing that its original has been registered; and Any other document which, in the judgement of the court, is sufcient and proper basis for reconstituting the lost or destroyed certicate of title11.

2.1.1.

2.1.1.1. 2.1.1.2. 2.1.1.3. 2.1.1.4.

2.1.1.5.

2.1.2.

Sources for Reconstitution of Transfer Certicate of Title (Section 3, Republic Act No. 26) The owners duplicate of the certicate of title. The co-owners duplicate of the certicate of title A certied copy of the certicate of title, previously issued by the register of deeds or by a legal custodian thereof; The deed of transfer or other document on le in the registry of deeds, containing the description of the property, or an authenticated copy thereof, showing that its original has been registered, and pursuant to which the lost or destroyed transfer certicate of title was issued. A document on le 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.

2.1.2.1. 2.1.2.2. 2.1.2.3. 2.1.2.4.

2.1.2.5.

10 11

Section 60 of PD 1529 discontinued the issuance of these mortgagee's or lessee's duplicate certicates

Any other documents refers to similar documents previously enumerated therein. A certication from the Bureau of Lands that the property is decreed, stating the registered owner, a a decision in a civil case for recovery of possession considered falling within this scope (Republic vs. IAC, 157 SCRA, 62) 2

2.1.2.6.

A document, on le in the registry of deeds by which the property, the description of which is given in said document, i.e. mortgaged, leased or encumbered, or an authenticated copy of said document showing that its original has been registered; and Any other document which, in the judgement of the court, is sufcient and proper basis for reconstituting the lost or destroyed certicate of title

2.1.2.7.

2.1.3.

Who may File Petition for Reconstitution The petition may be led by the registered owner, his assigns or other persons having an interest in the property (Section 12, RA No. 26). The Register of Deeds is not the proper party to le the petition for reconstitution (Register of Deeds of Malabon vs. RTC Malabon, 181 SCRA 788).

2.1.3.1. 2.1.3.2.

2.1.4.

Contents of the Petition - from sources other than owners duplicate Declaration that the owners duplicate certicate of title has been lost or destroyed; That no co-owners duplicate has been issued or if any had been issued, the same had been lost or destroyed; The location, area and boundaries of the property; The nature and description of the building or improvements, if any, which do not belong to the owner of the land,and the names and addresses of the owners of such buildings or improvements; The names and addresses of the occupants or persons in possession of the property, of the owners of the adjoining properties and of all persons who may have interest in the property; A detailed description of the encumbrances if any, affecting the property; and A statement that no deed or instrument affecting the property has been presented for registration, or if there are any, the registration thereof has not been accomplished, at the time of ling. All documents or authenticated copies thereof to be introduced in evidence in support of the petition shall be attached thereto and led with the same. In case the reconstitution is to be made exclusively form sources enumerated in Section 2(f) or 3(f) of R.A. No. 26, the petition shall be further accompanied with a plan and technical description of the property duly approved by the Administrator of the LRA or with a certied copy of the description taken from a prior
3

2.1.4.1. 2.1.4.2. 2.1.4.3. 2.1.4.4.

2.1.4.5.

2.1.4.6. 2.1.4.7.

2.1.4.8.

certicate of tile covering the same property 12 (See Section 12, R.A. No. 26) 2.1.5. Notice of hearing13 Thirty days prior to the date of hearing14; Published twice in successive issues of the Ofcial Gazetter15 16 ; Posted on the main entrance of the provincial and municipal building or city where the property is situated; Notice sent by registered mail or otherwise to every person named in the petition17 ; Notice shall contain the following:18

2.1.5.1. 2.1.5.2. 2.1.5.3. 2.1.5.4. 2.1.5.5.

Number of the lost or destroyed certicate of title, if know; Name of the registered owner; Names of the occupants or persons in possession of the property 19; Namers of the owners of the adjoining properties of the property

12 13

Section 12, RA No. 26

The special requirements and mode of procedure provided for in RA 26 is mandatory for the court to acquire jurisdiction over the petition (Tahanan Development Corporation vs. Court of Appeals, 116 SCRA 273)
14

There is a defect in publication which deprives the court of jurisdiction if the copies of the OG where the notice of hearing was published were released for circulation after the date of hearing (Register of Deeds of Malabon vs. RTC Malabon Br. 170, 181 SCRA 788)
15

If an order of reconstitution was issued without observing the publication requirement, the same is of no effect and anything done under said order is also void (Syjuco vs. PNB, 86 SCRA 320)
16

Publication in a newspaper of general circulation is not required (Zuniga vs Vicencion, 153 SCRA 720) neither publication in alternative medium or manner of publication can be treated as substantial compliance (MWSS vs. Sison, 124 SCRA 394)
17

As to actual owners and possessors of the lands, notice by publication is not sufcient, personal and actual notice must be served upon them (Serra Serra vs. Court of Appeals, 195 SCRA 482, Republic vs. IAC, 157 SCRA 62)
18 19

Section 13, RA No. 26

Petitioners are duty bound to inquire who are their neighbors and the actual possessor and occupant not only of their properties but also the land adjacent thereof (Tahanan Development Corporation vs. Court of Appeals, 118 SCRA 273) as well as the other parties affected by the reconstitution (Manila Railroad Co. vs. Moya, 14 SCRA 356), this failure is fatal to the acquisition and exercise of jurisdiction by the court and will nullify the decree of reconsitituion. While the duty to send notices devolves upon the court not the party ling the petition, the same does not excuse such non-compliance since the lapses of the court or its personnel can be considered a reason or justication for non-observance of the law (Republic vs. Marasigan, 198 SCRA 219) 4

 Location, area and boundaries of the property Date on which all persons having interest must appear and le their claims or objections to the petition 2.1.6. Judgement of the Court - The court shall issue an order of reconstitution if, after hearing, it nds: The document presented as supported by parole evidence or otherwise are sufcient and proper to warrant reconstitution of the lost or destroyed certicate of title; The petitioner is the registered owner of the property or an interest therein; The certicate of title was in force at the time it was lost or destroyed; The description, area and boundaries of the property are substantially the same as those contained in the lost or destroyed certicate of title; If all the requirements of the law has been complied with, the issuance of the order to reconstitution is mandatory 20; The issue of the petitioners qualication to acquire land is not an an within the jurisdiction of the court to rule on21 ; See Section 15 of R.A. No. 26 regarding conrmation of title

2.1.6.1.

2.1.6.2. 2.1.6.3. 2.1.6.4. 2.1.6.5. 2.1.6.6. 2.1.6.7. 2.1.7.

Duty of the Register of Deeds: Ascertain from his records and the papers presented to him that the certicate of title to be reconstituted was in force at the time of its lost or destruction; Report to the court if he nds that the title being reconstituted was already cancelled before it was lost or destroyed

2.1.7.1.

2.1.7.2. 2.2.

Administrative Reconstitution - Administrative reconstitution of lost or destroyed certicate of titles may be availed of only in case of substantial loss or destruction of land titles due to re, ood or other force majuere where the number of certicates of title lost or damage is at least ten percent (10%) of the total number of titles in the custody of the Register of Deeds but in no case the number be less than ve hundred (500) as determined by the LRA 22 including those that were lost due to the same cause within a period of fteen (15) years before the effectivity of the RA No. 673223. The procedure for administrative

20 21 22 23

Director of Lands vs. Gan Tan, 89 Phil. 184 Director of Lands vs. Gan Tan, supra Section 1 of Republic Act No. 6732 Section 14. R.A. No. 5732 5

reconstitution was previously governed by Sections 5 and 6 of Republic Act No. 26 but the same was removed by Section 110 of Presidential Decree No. 1529. The procedure was reinstituted under Republic Act No. 6732 (1989) subject to certain conditions and limitations. This latest law on administrative reconstitution is implemented through LRA Circular No. 13 dated July 26, 1989. 2.2.1. 2.2.2. Sources of Reconstitution - only the owners duplicate may be used as source of administrative reconstitution Where and by Whom Petition is Filed - The petition for reconstitution shall be led with the Register of Deeds of the burned or destroyed registry by the registered owner, his assigns or other person, both natural or juridical having interest in the property. Forms and Contents of Petition Petitioners full name, address and personal circumstance Nature of Petitioners interest in the property Title Number of the Certicate to be reconstituted The petition shall be accompanied by three (3) clear and legible photocopy of the co-owners duplicate The petition shall be accompanied by an afdavit of the registered owner stating the following. That no deed or other instrument affecting the property had been presented for registration or if there be any, the nature thereof, the date of its presentation, as well as the names of the parties and whether the registration of such deed or instrument is still pending accomplishment; That the owners duplicate or is in due form without any apparent intentional alterations or erasures; That the certicate of title is not the subject of litigation or investigation, administrative or judicial, regarding its genuineness or due execution or issuance; That the certicate of tile is covered by a tax declaration regularly issued by the Assessors Ofce; and That the real estate taxes have been fully paid up to at least (2) years prior to the ling of the petition for reconstitution 2.2.4. Procedure in Administrative Reconstitution Filing of the Petition in the Register of Deeds - Register of Deeds checks if the petition complies with the requirements of RA No. 6732 and its implementing rules and regulations; if satised, the RD
6

2.2.3.

2.2.3.1. 2.2.3.2. 2.2.3.3. 2.2.3.4. 2.2.3.5.

2.2.4.1.

forwards the petition and its accompanying documents, together with his comments, if any, to the Reconstitution Ofcer. 2.2.4.2. Verication of Reconstitution Ofcer and Order of Reconstitution- If the reconstitution ofcer after verication is convinced that the certicate of title may be reconstituted, he shall issued an Order of Reconstitution. Otherwise, he shall deny the petition station stating his reasons. The Register of Deeds and the Petitioner shall be furnished with a copy of the Order. Review by the Administrator24 - any aggrieved party may le within fteen (15) days from receipt of the judgment or order an appeal to the LRA Administrator. The administrator may review, revise, reverse or modify or afrm any decision of the Reconstituting Ofcer. Manner of Reconstitution - If no appeal has been taken or if the Administrator afrms the Order of Reconstitution, the Register of Deeds concern shall reconstitute the certicate of title upon the surrender of the owners duplicate by the petitioner. The RoD shall copy verbatim on the appropriate judicial form the full name of the registered owner, his civil status, the name of spouse if married, citizenship, residence, extent of ownership in case there are several owners, the description of the property and all lines and encumbrances noted on the owner;s duplicate or co-owners duplicate. Recourse to the Courts25 - Any interested party who by fraud, accident, mistake or excusable negligence has been unjustly deprived or prevented from taking part in the proceeding may le a petition in the proper court to set aside the decision and to reopen the proceedings. The petition shall be veried and must be led within sixty (60) days after the petitioner learns of the decision but not more than six months from the promulgation thereof.

2.2.4.3.

2.2.4.4.

2.2.4.5.

2.3.

Issuance of New Owners Duplicate of Certicates Notice to the Register of Deeds - In case of loss, theft or destruction of an owners duplicate certicate, a notice of loss under oath shall be led by the registered owner or by someone in his behalf or other person in interest to the register of deeds for registration. If the notice is led by someone other than the registered owner, proof of his authority or his interest in the property should be shown26 . Manner of Registration - Recording of the notice of loss is effected by entering the same in the day book together with the payment of the

2.3.1.

2.3.2.

24 25

Section 9, R.A. No. 6732

In Section 10, R.A.No. 6732, the proper court is the Regional Trial Court, see Medina vs. Court of Appeals, 229 SCRA 601.
26

Section 109, PD 1529 7

corresponding entry and registration fees and annotating a memorandum thereof on the original copy of the certicate of title. 2.3.3. Effect of the Registered Notice of Loss - Where a notice of loss has been duly registered, no subsequent transaction that would require the surrender of the owners duplicate shall be allowed registration unless the lost owners duplicate is recovered and the register of deeds duly informed thereof by the registration of an afdavit of recovery executed by the party who caused the notice of loss to be registered or a new owners duplicate has been issued upon order of the court. Issuance of a New Owners Duplicate - For the purposes of issuing a new owners duplicate certicate in replacement of the lost, stolen or destroyed one, the following requirements are essential: A certied true copy of the court order directing the register of deeds to issue a new owners duplicate certicate: A certicate of nality of the court order; and Payment of the corresponding entry and registration fees.

2.3.4.

2.3.4.1. 2.3.4.2. 2.3.4.3. 2.3.5.

Effect of the Loss or Destruction of the Original Copy of the Title Since under Section 109 of P.D. 1529 a new owners duplicate may be issued only on the basis of the original copy of the certicate of title, the register of deeds is not authorize to issue a new duplicate pursuant to a court order unless the original copy of the certicate of title which is no longer existing in the les of the registry is rst reconstituted.