Petition for Administrative Reconstitution
- Petitions may be filed by the registered owner, assigns, or interested persons.
- Petitions must be accompanied by sources for reconstitution and an affidavit from the owner.
- The affidavit must attest that no adverse deeds are pending registration, the owner’s duplicate is intact without alterations, the title is not under litigation, was valid at loss, covered by a valid tax declaration, and taxes paid for at least two years prior.
- Additional affidavit needed if the duplicate certificate was lost or destroyed, explaining the circumstances.
- Register of Deeds shall reconstitute the title unless there is a valid reason not to.
Inventory and Publication Upon Loss or Destruction
- After title loss, a full inventory of all relevant Registry of Deeds documents and property is to be prepared.
- Inventory must be signed and certified under oath by the LRA Administrator.
- It must be published in a newspaper of general circulation in the affected province or city.
Reproduction and Safekeeping of Reconstituted Titles
- Reconstituted titles must be reproduced in at least three image copies or suitable means.
- Copies are kept by the LRA, the National Library Archives Division, and a government fire-proof vault.
- These authenticated reproductions are considered duplicate originals and valid bases for future reconstitution.
Issuance of New Certificates and Handling of Duplicates
- Owners must surrender the owner’s or co-owner’s duplicate used for reconstitution.
- New certificates of title are issued; originals kept by the Register of Deeds, while duplicates are given to owners.
Judicial Proceedings on Conflicting Certificates
- If a lost title reappears under a different name than that of the reconstituted certificate, the matter must be brought to the regional trial court.
- The court may cancel the reconstituted title and make equitable judgments regarding any liens created after reconstitution.
- Similar procedures apply if a newly issued certificate replaces a cancelled reconstituted title.
Implementing Rules, Reporting, and Oversight
- The LRA Administrator, with Justice Secretary approval, shall issue necessary implementing rules and regulations.
- These include the temporary designation of reconstituting officers, mandatory monthly status reports, and immediate complaint reporting.
- The LRA Administrator can review, revise, reverse, or affirm decisions of reconstituting officers or Register of Deeds.
- Appeals must be filed within 15 days of the decision.
Petitions to Set Aside Decisions
- Interested parties unjustly deprived of participation due to fraud, accident, mistake, or negligence may petition to set aside decisions.
- Petitions must be verified, filed within 60 days of knowledge, and not beyond six months from promulgation.
Penalties and Invalidity of Fraudulent Titles
- Reconstituted titles obtained by fraud or deceit are void from the beginning against the party obtaining it and those aware of the fraud.
- Persons obtaining or attempting to obtain titles fraudulently face imprisonment (2-5 years), fines (PHP 20,000 to PHP 200,000), or both.
- Public officers who unlawfully approve reconstitution face harsher penalties: imprisonment (5-10 years), fines (PHP 50,000 to PHP 100,000), and perpetual disqualification from public office.
Repeal and Applicability to Past Losses
- Inconsistent laws, orders, and decrees are repealed or modified.
- The Act covers administrative reconstitution of titles lost to fire, flood, or force majeure within 15 years prior to its effectivity.
Effectivity
- The law takes effect upon publication in three newspapers of general circulation.