QuestionsQuestions (Act No. 3110)
The clerk of the Court of First Instance shall, as soon as practicable, send a notice by registered mail to specified government officials and interested lawyers, stating the date of the calamity, whether loss was total or partial, and listing the proceedings not affected (if partial).
Upon receipt of the initial notice, the court issues a general notice sent by registered mail to interested parties and publishes it in the Official Gazette and in a widely read newspaper in the province once a week for four consecutive weeks (for Court of First Instance records).
Within 30 days after they have been notified in accordance with the notice requirements under the Act.
By means of copies presented and certified under oath as correct by the counsels or parties. If a vital document cannot be found, it may be replaced by a written agreement on the facts between the parties attached to the proper record.
The court determines what is proper for equity and justice; it may treat the proceeding/document as non-existent and reconstitute only that part of the record that can stand, continuing proceedings on the reconstituted portion.
The case shall be tried de novo as if called for trial for the first time.
The court shall make a new decision as if the case had never been decided.
They are reconstituted similarly to ordinary civil cases, but with the additional requirement that a copy of the statement of the status of the proceedings at the time of the calamity must be attached to the reconstituted record.
By copies furnished by the Chief of the General Land Registration Office, who must direct certified true copies of destroyed registration proceedings and decrees to be sent to the clerk of the Court of First Instance.
The court orders interested persons to file new replies (with reasonable time), publishes the order; meanwhile the Chief of the General Land Registration Office sends certified copies of destroyed cadastral proceedings. The new replies and furnished copies form the reconstituted record.
Pending criminal actions are reconstituted using copies filed by the fiscal and defense counsel/defendant (or certified under oath by them). If certain parts cannot be reconstituted, the supplementary procedure used for ordinary civil cases applies.
The case shall be heard anew as if it had never been tried, and documentary evidence is replaced by secondary evidence.
They are understood to have waived reconstitution if they fail to petition within six months following notice under Section 2; they may file their actions anew but cannot claim benefits provided by the Act (notably the tolling provision).
They may file their actions anew upon payment of proper fees; the new actions are registered as new cases and treated as such.
Yes. For legal effects, the time elapsed from initiation of the destroyed record until the date when reconstitution is declared impossible is not counted against the interested party or their heirs/successors.
Reconstituted cases are entered in a special “Docket of Reconstituted Cases,” and numbered consecutively with figures preceded by a dash and a capital letter R (e.g., “-R”). Proceedings for continuation are then entered in the respective ordinary dockets.
Reconstitution may be done using an authentic bill of exceptions or appeal record; if unavailable, other procedures apply. Parties must file a petition within six months from notification, typically with a printed copy of the bill of exceptions or appeal record.