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;
