QuestionsQuestions (Republic Act No. 26)
RA 26 provides a special procedure for the reconstitution of lost or destroyed Torrens certificates of title.
From (1) the owner’s duplicate, (2) the co-owner’s/mortgagee’s/lessee’s duplicate, (3) a certified copy previously issued by the RD/legal custodian, (4) an authenticated copy of the decree of registration/patent, (5) a document on file showing the property was mortgaged/leased/encumbered (or authenticated copy), and (6) any other document sufficient in the court’s judgment.
From (1) owner’s duplicate, (2) co-owner’s/mortgagee’s/lessee’s duplicate, (3) certified copy previously issued by RD/legal custodian, (4) the deed of transfer or other registered document containing the description (or authenticated copy), (5) a document on file showing encumbrance (or authenticated copy), and (6) any other sufficient document in the court’s judgment.
They are reconstituted in this order: (1) annotations/memoranda appearing on the owner’s/co-owner’s/mortgagee’s/lessee’s duplicate; (2) registered documents on file or authenticated copies showing originals were registered; and (3) any other document sufficient in the court’s judgment.
The petition may be filed with the Register of Deeds concerned by the registered owner, his assigns, or other person having an interest in the property.
It must state that no deed or other instrument affecting the property had been presented for registration; or if any, its nature, date of presentation, names of parties, and whether registration is still pending. If reconstituting under Sec. 2(b) or 3(b), it must also state the owner’s duplicate has been lost/destroyed and the circumstances.
The Register of Deeds may motu proprio reconstitute a certificate of title from its corresponding owner’s duplicate and may compel surrender of the duplicate; after reconstitution, the duplicate is returned.
A reconstituted certificate has the same validity and legal effect as the original. However, certificates reconstituted administratively under Sections 5 and 6 are without prejudice to parties whose rights were duly noted in the original at the time it was lost/destroyed but are not shown on the reconstituted title; this is covered by a reservation noted as an encumbrance.
While the reservation subsists, they may petition the proper Court of First Instance for annotation of the right/interest, after notice and hearing, and the court decides based on merits and equity.
The registered owner may file a petition in the proper Court of First Instance to free the title from the reservation (similarly, mortgagees/lessees/lienholders may file if their interests are annotated). The court orders publication and posting and decides after hearing.
After two years, if no petition has been filed under the preceding section, the court shall, on ex parte motion by the registered owner or other person with registered interest, order the Register of Deeds to cancel the reservation/encumbrance.
It may be filed directly with the proper Court of First Instance based on sources under Sections 2(a), 2(b), 3(a), 3(b), and/or 4(a). The court must publish notice before hearing. Certificates reconstituted under Sec. 10 are not subject to the Sec. 7 reservation.
They must be filed by the interested party with the proper Court of First Instance, accompanied by necessary documents, and after publication and hearing the court renders judgment.
The petition must allege, among others: the owner’s duplicate is lost/destroyed; no co-owner’s/mortgagee’s/lessee’s duplicate was issued (or if issued, it was lost/destroyed); location/area/boundaries; details of buildings/improvements not owned by landowner; names/addresses of occupants and adjoining owners and persons with interests; a detailed description of encumbrances; and statements about whether deeds/instruments were presented for registration. Supporting documents/authenticated copies must be attached; if exclusively from certain sources (Sec. 2(f)/3(f)), a plan and technical description approved by the Land Registration Office Chief or a certified copy from a prior title is needed.
Notice is published twice in successive issues of the Official Gazette and posted at least 30 days before hearing on the provincial and municipal building entrances; a copy is also sent by registered mail (or otherwise) to every person named whose address is known at least 30 days before hearing. Proof of publication, posting, and service must be submitted at the hearing.
On motion and after notice/hearing, the court may order the person to produce and/or surrender the document at a time/place stated, and enforce compliance by suitable process.
The recovered certificate prevails over the reconstituted certificate. If both are in the same name, memoranda of new liens/encumbrances on the latter (except the Sec. 7 reservation memorandum) are transferred to the recovered title, and the reconstituted certificate is cancelled with corresponding updates.
If the reconstituted certificate does not contain the full technical description (unless covered by an available prior certificate), the registered owner must file a plan/technical description with the Chief of the General Land Registration Office within two years; after expiration, no TCT shall be issued for voluntary instruments until the plan/technical description is filed and noted.