Question & AnswerQ&A (Act No. 3110)
The main purpose of Act No. 3110 is to provide an adequate procedure for the reconstitution of the records of pending judicial proceedings and books, documents, and files of the office of the register of deeds that were destroyed by fire or other public calamities.
The clerk of the Court of First Instance must send a notice by registered mail to the Secretary of Justice, the Attorney-General, the Director of Lands, the Chief of the General Land Registration Office, the clerk of the Supreme Court, the judge of the province, the register of deeds of the province, the provincial fiscal, and all interested lawyers.
The court shall issue or cause to be issued a general notice addressed and sent by registered mail to the lawyers and officers involved, as well as other interested persons, advising them of the destruction and the time fixed for reconstitution. This notice must also be published in the Official Gazette and in a widely read newspaper in the province once a week for four consecutive weeks.
Civil cases must be reconstituted using copies presented and certified under oath by the counsels or parties interested. If copies cannot be found, facts may be agreed upon and attached to the record. If no agreement is possible, the court may determine the proper course in the interest of equity and justice.
Testimony should be reconstituted by means of an authentic copy or a new transcript of the stenographic notes. If no authentic copy or stenographic notes can be obtained, the case shall be retried de novo as if for the first time.
Pending criminal actions shall be reconstituted using copies filed or certified under oath by the fiscal and the defendant or counsel. Missing parts are supplemented by procedures established for civil case reconstitution, with testimony reconstituted by authentic copies or stenographic transcripts, or a new trial if such are not available.
The provincial fiscal must ascertain pending criminal cases, investigate facts, file information if there is merit, file a motion for dismissal if there is none, and cooperate in reproducing the records and information, giving preference to cases where defendants are confined awaiting decision.
The interested parties may file new actions upon payment of proper fees, and these will be registered as new actions without entitlement to benefits of the Act. The period elapsed before reconstitution will not be counted against the parties' rights.
They are reconstituted primarily by copies furnished by the Chief of the General Land Registration Office, supplemented by new filings from interested parties. The Director of Lands cooperates to furnish necessary documents, and expenses are reimbursed from public calamity funds.
The register of deeds must report the destruction immediately, forward lists of destroyed documents to the Chief of the General Land Registration Office, publish notices to owners to present original certificates or documents for annotation, and re-enter chattel mortgages and other records, ensuring the reconstituted entries have the same validity as original ones.
Reconstituted entries, certificates, and records have the same validity and legal effect as the original records destroyed by fire or calamity.
The Supreme Court clerk sends notices to relevant parties; the Chief Justice issues general notice; applications for reconstitution must be filed within six months; reconstitution is done using authentic copies or by re-preparing bills of exceptions and stenographic transcriptions; and if originals cannot be obtained, cases may be decided anew.
Reconstituted civil and criminal actions are docketed separately in a special "Docket of Reconstituted Cases," numbered with a dash and capital 'R'. Related entries and certifications of notices and proceedings are recorded in the docket for clarity and legal tracking.
Yes. All legal terms cease running from the date of destruction and only begin to run again from the date the parties or their counsels receive notice that the records have been reconstituted.
Yes. All bonds executed must be renewed as soon as the respective cases have been duly reconstituted.
Yes. Judicial records lost or destroyed from causes other than fire or public calamity may also be reconstituted following the procedures in this Act.
Notices must be published to inform interested parties of the destruction of records, calling them to file applications for reconstitution and present documents. This ensures transparency and opportunity for participation.