QuestionsQuestions (Republic Act No. 6732)
It allows administrative reconstitution of the original copies of certificates of title that were lost or destroyed in the Registry of Deeds due to fire, flood, or other force majeure, amending the rules on reconstitution under the Torrens system.
Section 110 is amended so that original copies of lost or destroyed titles are reconstituted judicially under RA 26, but the administrative procedure may be used only in cases of substantial loss/destruction due to fire, flood, or other force majeure as determined by the Administrator of the LRA.
The number of titles lost or damaged must be at least 10% of the total titles in the Register of Deeds, but in no case less than 500 certificates.
The determination is made by the Administrator of the Land Registration Authority.
Notice of all hearings of the petition for judicial reconstitution must be furnished to the Register of Deeds of the place where the land is situated and to the Administrator of the LRA.
It does not become final until the lapse of fifteen (15) days from receipt of notice by both the Register of Deeds and the Administrator of the LRA, without any appeal filed by any such officials.
Section 5 of RA 26 is revived and amended, governing who may file petitions, and what the petition and affidavit must contain.
A petition may be filed by the registered owner, his assigns, or other persons (natural or juridical) having an interest in the property, with the required sources for reconstitution and an affidavit.
Examples include: (1) no deed/instrument affecting the property had been presented for registration (or identifying details if any); (2) the owner’s duplicate/co-owner’s duplicate is in due form without apparent intentional alterations/erasure; (3) the title is not subject of litigation/administrative/judicial investigation as to genuineness or due execution; (4) the title was in full force and effect when lost/destroyed; (5) the title is covered by a regularly issued tax declaration; and (6) real estate taxes are fully paid at least two years prior to filing.
The affidavit must further state that the owner’s duplicate has been lost or destroyed and describe the circumstances under which it was lost or destroyed.
The Register of Deeds shall, unless there is a valid reason to the contrary, reconstitute the certificate of title as provided in RA 26.
It must prepare a true, complete, and faithful inventory of all books, titles, documents, cash, and property in the affected Registry of Deeds, signed and certified under oath by the Administrator, and publish it in a newspaper of general circulation in the province or city where the loss/damage occurred.
It must be surrendered to the Register of Deeds, and a new certificate of title is issued in lieu of it; the original is kept by the Register of Deeds, and the owner receives the owner’s duplicate.
At least three image copies (or a reproduction equivalent to the original): one kept by the Land Registration Authority, one kept by the National Library Archives Division, and one secured in a government fire-proof vault (preferably the Security Printing Plant of the Central Bank).
It is void ab initio as against the party obtaining it and all persons having knowledge of the fraud.
Imprisonment of not less than two years but not exceeding five years and/or a fine of not less than ₱20,000 but not exceeding ₱200,000, at the discretion of the court.
They face imprisonment of not less than five years but not exceeding ten years and/or a fine of not less than ₱50,000 but not exceeding ₱100,000, and perpetual disqualification from holding public office upon conviction.