RECONSTITUTION OF TITLE

I. Kinds

a. Judicial

b. Administrative reconstitution – may be availed of only in case of

substantial loss or destruction of land titles due to fire, flood or other
force majeure where the number of the certificates of title lost or
damaged is at least ten percent (10%) of the total number of titles in the
custody of the Register of Deeds, but in no case shall the number of
titles lost or damaged be less than five hundred (500), as determined by
administrator of the Land Registration Authority.

II. Sources/Basis for Reconstitution

a. Judicial Reconstitution

i. Owner’s duplicate of the certificate of title;

ii. Co-owner, mortgagee or lessee’s duplicate of the certificate of

title;

iii. Certified copy of such certificate previously issued by the

Register of Deeds;

iv. A document, on file in the registry of deeds, by which the

property, 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;

v. For Original Certificate of Title: Authenticated copy of the

decree of registration or patent, as the case may be, which was
the basis of the certificate of title;

vi. For Transfer Certificate of Title: Deed of transfer or other

document containing description of the property covered by the
transfer certificate of title and on file with the Registry of Deeds,
or authenticated copy thereof; and

vii. Any other document, which, in the judgment of the court, is

sufficient and proper basis for reconstitution.

b. Administrative Reconstitution

i. Owner’s duplicate of the certificate of title; and

ii. Co-owner, mortgagee or lessee’s duplicate of the certificate of

title.

III. Requirements of Judicial Reconstitution

a. Petition for Judicial Reconstitution which shall state the following:

 i. That the owner’s duplicate of the certificate of title had been
lost or destroyed;

ii. That no co-owner, mortgagor or lessee’s duplicate had been

issued;

iii. The location, area and boundaries of the property;

iv. The nature and description of the buildings or improvements, if

any, which do not belong to the owners of the land, and the
names and addresses of the owners of such buildings;

v. The names and addresses of the occupants or persons in

possession of the property, of the owners of the adjoining
properties and all persons who may have any interest in the
property;

vi. A detailed description of the encumbrances, if any, affecting the

property; and

vii. A statement that no deeds or other instruments affecting the

property have been presented for registration, or if there be any,
the registration thereof has not been accomplished, as yet.

viii. In case the reconstitution is to be made exclusively from “any

other document”, the petition shall be further be accompanied
with a plan and technical description of the property duly
approved by the Administrator of the Land Registration
Authority, or with a certified copy of the description taken from
a prior certificate of title covering the same property.

b. Notice Requirement: Judicial reconstitution of title partakes of a land

registration proceedings, hence, notice of the proceedings must be done
in the manner set forth by the law. Failure to comply therewith is fatal
to the court’s jurisdiction. The notice shall be made thirty (30) days
before the date of hearing.

i. Publication of notice for two (2) successive issues of the Official

Gazette at the expense of the petitioner;

ii. Posting of the notice at the following places:

1. At the main entrance of the provincial building in which

the land is located;

2. At the main entrance of the municipal building of the

municipality or city in which the land is located.

iii. The notice of hearing shall contain the following information:

1. The number of the lost or destroyed certificate of title, if

known;
 2. The name of the registered owner;

3. the names of the occupants or persons in possession of

the property;

4. The owners of the adjoining properties and all other

interested parties;

5. The location, area and boundaries of the property; and

6. The date on which all persons having any interest

therein must appear and file their claim or objections to
the petition.

IV. Requirements for Administrative Reconstitution

a. Duly notarized Petition for Reconstitution which must contain the

following:

i. Proper verification;

ii. Petitioner’s full name, address and other personal

circumstances;

iii. The nature of his interest in the property; and

iv. The number of the certificate of title sought to be reconstituted.

b. Duly notarized Affidavit by the registered owner stating, among other

thing:

i. 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 ofhte
parties, and whether the registration of such deed or instrument
is still pending accomplishment;

ii. That the owner’s duplicate certificate or co-owner’s duplicate is

in due form without any apparent intentional alterations or
erasures;

iii. That the certificate of title is not the subject of litigation or

investigation, administrative or judicial, regarding its
genuineness or due execution or issuance;

iv. That the certificate of title was in full force and effect at the
time it was lost or destroyed;

v. That the certificate of title is covered by a tax declaration

regularly issued by the Assessor’s Office; and

vi. That real estate taxes have been fully paid up to at least two (2)
years prior to the filing of the petition for reconstitution.
 vii. If reconstitution is be made from Section 2(b) or 3(b), the
affidavit should further state that the owner’s duplicate has been
lost or destroyed and the circumstances under which it was lost
or destroyed.

c. Filed with the Register of Deeds of the destroyed or burned registry by

the registered owner, his assigns, or other person, both natural or
judicial, having an interest in the property (LRA Circular No. 16).

V. Procedure for Judicial Reconstitution

a. The petition for reconstitution shall be directly filed with the clerks of
court of the Regional Trial Court of the Province or City where the
property is situated.

b. Once the petition and the documents are forwarded to the Central
Office for verification, all basic information from documents received
shall be entered into the system and a reference number shall be
assigned.

c. All the documents submitted shall be scanned, and the resulting images
shall be stored in the database. After scanning, the documents shall be
kept in the vault for safekeeping.

d. The Central Office shall verify and ensure that the sub mitted
documents are compliance with the requirements of LRC Circular 35,
as amended.

e. All documents transmitted to the Central Office shall undergo

verification and examination and a report shall be rendered by the
Central Office to the court.

VI. Procedure for Administrative Reconstitution

a. All the basic information from documents received from the Register of
Deeds shall be entered in to the system and a reference number shall be
assigned.

b. Only the owner’s or the co-owner’s duplicate of an original or transfer

certificate of title may be used as a source of administrative
reconstitution.

c. All the documents submitted shall be scanned, and the resulting images
shall be stored in the database. After scanning, the documents shall be
kept in the vault for safekeeping.

d. The Central Office shall verify and ensure compliance with all
documentary requirements stated in LRC Circular 13.

e. The petition shall undergo verification and examination, and the

appropriate Order shall thereafter be issued by the Central Office to the
Register of Deeds concerned.
f. The Order shall become final and executory after fifteen (15) days from
receipt of the Order by the Register of Deeds if no appeal is taken
therefrom by an aggrieved party.

g. In case of appeal, the LRA Administrator may review, revise, reverse,

modify, or affirm the Order issued by the Reconstituting Officer.

TITLE RECONSTITUTION
http://attyatlawjournal.blogspot.com/2016/03/title-reconstitution.html

The reconstitution of a certificate of title denotes restoration in the original

form and condition of a lost or destroyed instrument attesting the title of a
person to a piece of land. The purpose of the reconstitution of title is to
have, after observing the procedures prescribed by law, the title
reproduced in exactly the same way it has been when the loss or
destruction occurred. (Republic v. Tuastumban,  G.R. No. 173210, April 24,
2009, 586 SCRA 600, 614)

Under property laws, there are two methods of reconstitution of title: 1.

Judicial Reconstitution ( RA 26) and 2. Administrative Reconstitution (RA
6732). 

The Judicial Reconstitution requires the filing of a Petition in the proper

Regional Trial Court where the property is located which shall state,
among other things, the following:

(a)                  that the owner's or co-owner’s duplicate of the certificate

of title had been lost or destroyed;

(b)                  that no co-owner's mortgagee's or lessee's duplicate had

been issued, or, if any had been issued, the same had been lost or
destroyed;

(c)                  the location, area and boundaries of the property;

(d)                  the nature and description of the buildings 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;

(e)                  the names and addresses of the occupants or persons in

possession of the property, of the owners of the adjoining properties and

all persons who may have any interest in the property;

(f)                     a detailed description of the encumbrances, if any,

affecting the property; and

(g)                    a statement that no deeds or other instruments affecting

the property have been presented for registration, or, if there be any, the
registration thereof has not been accomplished, as yet. All the documents,
or authenticated copies thereof, to be introduced in evidence in support of
the petition for reconstitution shall be attached thereto and filed with the
same (Section 12, RA 26).

The notice of the petition must also be published twice in successive issues
in the Official Gazette, posted on the main entrance of the provincial and
municipal building in which the land is situated, at least thirty (30) days
prior to the date of hearing. The Court shall likewise cause a copy of the
notice to be sent, by registered mail or otherwise, at the expense of the
petitioner, to every person named therein whose address is known, at least
thirty days prior to the date of hearing. Said notice shall state, among other
things, the number of the lost or destroyed certificate of title, if known,
the name of the registered owner, the names of the occupants or persons in
possession of the property, the owners of the adjoining properties and all
other interested parties, the location, area and boundaries of the property,
and the date on which all persons having any interest therein must appear
and file their claim or objections to the petition. The petitioner shall, at the
hearing, submit proof of the publication, posting and service of the notice
as directed by the court. (Section 13, R.A. No. 26).

The petition shall be accompanied with the necessary sources for

reconstitution and with an affidavit of the registered owner stating, among
other things, 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 whatever
the registration of such deed or instrument is still pending
accomplishment. (Section 5, RA 26)

Attachments to the Petition may include Certified True Copy of title

sought to be reconstituted, Affidavit of Loss, Certificate of No Claim issued
by the Registry of Deeds concerned, Tax  Declaration covering the subject
property and Tax Clearance. (See Sample Petition for the Issuance of
Second Owner’s Duplicate Copy)

On the other hand, Administrative Reconstitution may be availed of only

in case of substantial loss or destruction of land titles due to fire, flood or
other force majeure as determined by the Administrator of the Land
Registration Authority: Provided, That the number of certificates of titles
lost or damaged should be at least ten percent (10%) of the total number in
the possession of the Office of the Register of Deeds: Provided, further,
That in no case shall the number of certificates of titles lost or damaged be
less than five hundred (500).

"Notice of all hearings of the petition for judicial reconstitution shall be

furnished the Register of Deeds of the place where the land is situated and
to the Administrator of the Land Registration Authority. No order or
judgment ordering the reconstitution of a certificate of title shall become
final until the lapse of fifteen (15) days from receipt by the Register of
Deeds and by the Administrator of the Land Registration Authority of a
notice of such order or judgment without any appeal having been filed by
any such officials." (Section 1, RA 6732)

When reconstitution is ordered, this document is replaced with a new one

—the reconstituted title—that basically reproduces the original. After the
reconstitution, the owner is issued a duplicate copy of
the reconstituted title. This is specifically provided under Section 16 of
Republic Act No. 26, An Act Providing a Special Procedure for
the Reconstitution of Torrens Certificates of Title Lost or Destroyed, which
states:

Sec. 16.  After the reconstitution of a certificate of title under the

provisions of this Act, the register of deeds shall issue the corresponding
owner's duplicate and the additional copies of said certificates of title, if
any had been previously issued, where such owner's duplicate and/or
additional copies have been destroyed or lost.  This fact shall be noted on
the reconstituted certificate of title. (Emphasis Supplied)
References:

1.           Republic of the Philippines v. Tuastumban,  G.R. No. 173210,

April

24, 2009;

2.           Republic of the Philippines vs. De Dios G.R. No. 170459, February

9, 2011; and

3.           Republic Act No. 26, S.1946

4.           Republic Act 6732 S. 1989