Authority, basis, and related laws
- Section 1 amends Section 110 of Presidential Decree No. 1529 on reconstitution of lost or destroyed original Torrens titles.
- Section 2 revives and amends Section 5 of Republic Act No. 26 to govern petition requirements for reconstitution.
- Section 1 retains the rule that original copies of certificates of title lost or destroyed are reconstituted judicially under Republic Act No. 26, insofar as not inconsistent with Presidential Decree No. 1529.
- Section 1 authorizes administrative reconstitution as an exception, under conditions it sets for substantial loss or destruction due to fire, flood, or other force majeure.
Policy and intent on administrative reconstitution
- Section 1 provides that administrative reconstitution of lost or destroyed original title copies may be availed of only when the statutory conditions are satisfied and the loss is determined by the Administrator of the Land Registration Authority to be substantial due to fire, flood or other force majeure.
When administrative reconstitution applies
- Administrative reconstitution under the exception in Section 110 (as amended by Section 1) may be availed of only in case of substantial loss or destruction due to fire, flood or other force majeure as determined by the Administrator of the Land Registration Authority.
- The loss must involve at least ten percent (10%) of the total number of certificates of titles in the possession of the Office of the Register of Deeds.
- The loss number must be at least five hundred (500) certificates of titles.
Judicial reconstitution notice and finality timing
- Section 110 (as amended by Section 1) requires that notice of all hearings on the petition for judicial reconstitution be furnished to the Register of Deeds where the land is situated and to the Administrator of the Land Registration Authority.
- Section 110 (as amended by Section 1) provides that no order or judgment ordering reconstitution becomes final until the lapse of fifteen (15) days from receipt of the notice by both the Register of Deeds and the Administrator of the Land Registration Authority, when no appeal has been filed by either such official.
Petitioners and required affidavit
- Section 5 of Republic Act No. 26 (as revived and amended by Section 2) allows petitions for reconstitution to be filed with the Register of Deeds concerned by the registered owner, his assigns, or other person, both natural and juridical, having an interest in the property.
- The petition must be accompanied by necessary sources for reconstitution and an affidavit by the registered owner stating:
- (1) that no deed or other instrument affecting the property had been presented for registration, or if any was presented, its nature, date of presentation, names of the parties, and whether registration is still pending accomplishment;
- (2) that the owner’s duplicate certificate or co-owner’s duplicate is in due form without any apparent intentional alterations or erasures;
- (3) that the certificate of title is not the subject of litigation or investigation, administrative or judicial, regarding its genuineness or due execution or issuance;
- (4) that the certificate of title was in full force and effect at the time it was lost or destroyed;
- (5) that the certificate of title is covered by a tax declaration regularly issued by the Assessor’s Office; and
- (6) that real estate taxes have been fully paid up to at least two (2) years prior to the filing of the petition.
- If reconstitution is from any source enumerated in Section 2(b) or Section 3(b), the affidavit must further state that the owner’s duplicate has been lost or destroyed and the circumstances under which it was lost or destroyed.
- Section 5 directs that the Register of Deeds, with no valid reason to the contrary existing, shall reconstitute the certificate of title as provided in Republic Act No. 26.
Immediate inventory and publication
- Section 3 requires that immediately after the loss or destruction of titles covered by Section 2, a true, complete and faithful inventory of all books, titles, documents, cash and property in the Registry of Deeds concerned be prepared by the Land Registration Authority through the newly designated reconstituting officer or Register of Deeds.
- The inventory must be duly signed and certified under oath by the Administrator of the Land Registration Authority.
- The inventory must be published in a newspaper of general circulation in the province or city where the loss or destruction of titles occurred.
Reproduction of reconstituted titles
- Section 4 requires that all reconstituted titles be reproduced in at least three image copies or in whatever means the original can be reproduced.
- Section 4 requires distribution of the reproduced titles as follows:
- one copy to be kept by the Land Registration Authority;
- the second copy to be kept by the National Library Archives Division; and
- the third copy to be secured in a government fire-proof vault, preferably in the Security Printing Plant of the Central Bank.
- Section 4 provides that the image copy of the original copy of the reconstituted title is considered—after due authentication by the Land Registration Authority through the Register of Deeds in the province or city where the land is located—as a duplicate original and as an authorized source or basis for reconstitution together with the sources enumerated in Sections 2 and 3 of Republic Act No. 26.
Surrender of duplicates and issuance of new title
- Section 5 requires that after reconstitution, the owner’s duplicate or co-owner’s duplicate exhibited as the basis for reconstitution must be surrendered to the Register of Deeds.
- Section 5 mandates the issuance of a new certificate of title in lieu of the surrendered duplicate.
- Section 5 requires that the original of the new certificate be kept by the Register of Deeds, and the owner’s duplicate be delivered to the registered owner.
Inoperative and amended provisions
- Section 6 declares Section 6 of Republic Act No. 26 inoperative.
- Section 7 amends Section 19 of Republic Act No. 26 to govern cancellation and replacement if the found/recovered certificate of title is not in the same name as the reconstituted certificate holder.
- Section 7 provides that if the recovered certificate of title is not in the name of the person in whose favor the reconstituted certificate was issued, the matter must be brought to the proper regional trial court, which—after due notice and hearing—shall order cancellation of the reconstituted certificate and render a judgment, including treatment of memoranda of new liens and encumbrances made after reconstitution, as justice and equity may require.
- Section 7 requires that when the reconstituted certificate has been cancelled by virtue of a deed or instrument or by a court order and a new certificate has been issued, the same procedure for memoranda of new liens and encumbrances on the reconstituted certificate after its reconstitution must also be followed for the new certificate of title and liens and encumbrances made on it after issuance.
Rules, reports, and appeal periods
- Section 8 empowers the Administrator of the Land Registration Authority, with the approval of the Secretary of Justice, to issue rules, regulations, and circulars to implement Republic Act No. 6732, including rules on:
- the temporary designation of a reconstituting officer or another Register of Deeds;
- submission of monthly periodic status reports on reconstitution proceedings and reconstituted titles to the Secretary of Justice and the governor or city mayor concerned; and
- immediate reporting by the reconstituting officer or Register of Deeds to the Secretary of Justice and the governor or city mayor concerned on any verified complaint presented.
- Section 9 authorizes the Administrator of the Land Registration Authority to review, revise, reverse, modify, or affirm any decision of the reconstituting officer or Register of Deeds.
- Section 9 provides that an appeal must be filed within fifteen (15) days from receipt of the judgment or order by the aggrieved party.
Motions to set aside and reopen
- Section 10 allows an interested party unjustly deprived or prevented from taking part in proceedings by fraud, accident, mistake or excusable negligence to file a petition in the proper court to set aside the decision and reopen the proceedings.
- Section 10 requires the petition to be verified.
- Section 10 imposes filing deadlines:
- within sixty (60) days after the petitioner learns of the decision; and
- not more than six months from the promulgation of the decision.
Void effect of fraudulently obtained reconstituted titles
- Section 11 provides that a reconstituted title obtained by fraud, deceit or other machination is void ab initio as against the party obtaining it and all persons having knowledge thereof.
Criminal liability for fraudulent schemes
- Section 12 penalizes any person who by fraud, deceit or other machination obtains or attempts to obtain a reconstituted title.
- Section 12 provides that, upon conviction, the offender is liable for imprisonment of not less than two years but not exceeding five years, or payment of a fine of not less than Twenty thousand pesos (PHP 20,000) but not exceeding Two hundred thousand pesos (PHP 200,000), or both at the discretion of the court.
- Section 12 imposes criminal liability on any public officer or employee who knowingly approves or assists in securing a decision allowing reconstitution in favor of a person not entitled thereto.
- Section 12 provides that, upon conviction, such public officer or employee is liable for imprisonment of not less than five years but not exceeding ten years, or payment of a fine of not less than Fifty thousand pesos (PHP 50,000) but not exceeding One hundred thousand pesos (PHP 100,000), or both at the discretion of the court, and perpetual disqualification from holding public office.
Repeal and coverage of prior cases
- Section 13 repeals or modifies all acts, laws, decrees, executive orders, or parts thereof inconsistent with Republic Act No. 6732.
- Section 14 makes the law applicable to administrative reconstitution of copies of original certificates of titles destroyed by fire, flood or other force majeure within a period of fifteen years before the effectivity of Republic Act No. 6732.