Question & AnswerQ&A (Republic Act No. 6732)
The primary purpose of Republic Act No. 6732 is to allow the administrative reconstitution of original copies of certificates of titles lost or destroyed due to fire, flood, or other force majeure, amending certain provisions of Presidential Decree No. 1529 and Republic Act No. 26.
The administrative reconstitution procedure may be used only in cases 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 lost or damaged is at least 10% of the total in the Register of Deeds’ possession and not less than 500.
A petition may be filed by the registered owner or other interested parties and must be accompanied by necessary sources for reconstitution and an affidavit stating that (1) no pending deed or instrument affecting the property exists or details thereof, (2) the owner's duplicate certificate is genuine without alterations, (3) the certificate is not under investigation or litigation, (4) the certificate was valid at the time of loss, (5) the title is covered by a regularly issued tax declaration, and (6) real estate taxes have been paid up to at least two years prior to filing.
A true, complete, and faithful inventory of all books, titles, documents, cash, and property in the Registry of Deeds must be prepared by the Land Registration Authority through the designated reconstituting officer or Register of Deeds and published in a newspaper of general circulation in the affected area.
Reconstituted titles are reproduced by the Land Registration Authority in at least three image copies: one kept by the Land Registration Authority, one by the National Library Archives Division, and one secured in a government fire-proof vault such as the Security Printing Plant of the Central Bank. These image copies, after authentication, are considered duplicate originals and valid sources for future reconstitution.
After reconstitution, the owner’s duplicate or co-owner’s duplicate used as the basis for reconstitution must be surrendered to the Register of Deeds. A new certificate of title is issued in lieu thereof, with the original kept by the Register of Deeds and the owner’s duplicate delivered to the registered owner.
A reconstituted title obtained by fraud, deceit, or other machination is void ab initio as against the party obtaining it and all persons having knowledge thereof.
Any person who obtains or attempts to obtain a reconstituted title by fraud or deceit is subject to imprisonment from two to five years, a fine ranging from Twenty Thousand to Two Hundred Thousand pesos, or both. Public officers who knowingly assist in such fraud face imprisonment from five to ten years, fines from Fifty Thousand to One Hundred Thousand pesos, or both, and perpetual disqualification from public office.
The Administrator determines if substantial loss or destruction occurred, issues rules, regulations, and circulars to implement the Act, can review, reverse, modify or affirm decisions by the reconstituting officer or Register of Deeds, and supervises the proper conduct of reconstitution proceedings.
If a lost or destroyed certificate of title is found and is not in the name of the same person as the reconstituted certificate holder, the Register of Deeds or concerned party must bring the issue to the regional trial court, which will hold hearings and may order cancellation of the reconstituted certificate and make appropriate judgments regarding liens and encumbrances.