Question & AnswerQ&A (Republic Act No. 26)
Republic Act No. 26 provides a special procedure for the reconstitution of Torrens certificates of title lost or destroyed.
Original certificates of title may be reconstituted from the following sources, in order: the owner's duplicate of the certificate of title; the co-owner's, mortgagee's, or lessee's duplicate; a certified copy of the certificate of title issued by the register of deeds or legal custodian; an authenticated copy of the decree of registration or patent; a document on file in the registry of deeds showing registration; and any other document deemed sufficient by the court.
Transfer certificates of title are reconstituted from sources available in the following order: the owner's duplicate; the co-owner's, mortgagee's, or lessee's duplicate; a certified copy previously issued by the register of deeds; the deed of transfer or other registered documents; documents showing mortgage or encumbrances; and any other court-approved document.
Liens and other encumbrances shall be reconstituted from annotations or memoranda on the owner's or other duplicates; registered documents on file or authenticated copies; and any other document which the court judges sufficient.
The registered owner, their assigns, or other persons with an interest in the property may file such petitions with the register of deeds concerned.
The petition must be accompanied by necessary sources for reconstitution and an affidavit stating that no deed or instrument affecting the property has been presented for registration or detailing such if any.
Yes, the register of deeds may motu proprio reconstitute a certificate of title from the owner's duplicate and can compel the surrender of such duplicate for reconstitution purposes.
Reconstituted certificates of title have the same validity and legal effect as the originals, except that extrajudicially reconstituted certificates are subject to reservations for parties whose rights were noted in the original but not in the reconstituted title.
Such a person may file a petition with the proper Court of First Instance for annotation of their right or interest on the reconstituted certificate, subject to notice and hearing.
The registered owner or interested parties may file a petition with the Court of First Instance, which will publish and post notice, conduct a hearing, and render judgment as justice and equity require; if no petition is filed within two years, the court can order cancellation of the encumbrance annotation.
Yes, and certificates of title reconstituted this way are not subject to the reservation encumbrance mentioned in section 7 of the Act.
The petition must include details about loss of duplicates; property location, area, boundaries; descriptions of improvements; information about occupants, adjoining owners; encumbrances; and statements about registrations of deeds or instruments.
If found and in the same name as the reconstituted title, the original prevails, liens and encumbrances transfer accordingly, and the reconstituted certificate is cancelled; if in a different name, the matter is brought before the court for resolution.
No fees are charged for filing petitions or services related to the Act, and certified copies necessary for reconstitution must be provided free by government offices.
The date of reconstitution, the source or sources used, and whether it was done administratively or judicially must be certified on the reconstituted certificate.
The owner must file a plan of the land with the Chief of the General Land Registration Office within two years from reconstitution for approval and annotation.
The court may, after notice and hearing, order the person to produce or surrender the document and may enforce the order by suitable process.
These sections are declared inoperative as far as they provide for the reconstitution of certificates of title, meaning this Act supersedes those provisions.