Title
Admin Reconstitution of Lost/Destroyed Land Titles
Law
Republic Act No. 6732
Decision Date
Jul 17, 1989
Republic Act No. 6732 governs the administrative reconstitution of lost or destroyed original copies of certificates of titles in the Philippines, allowing for judicial and administrative reconstitution procedures, with specific requirements and safeguards in place to ensure the validity and integrity of the reconstituted titles.
A

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.

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