Procedure for Reconstitution of Lost Judicial Records

Civil cases: applications and reconstitution

Section 3 requires parties to civil cases, or their counsels, to appear and file an application for reconstitution within thirty days after they are notified in accordance with Section 2.
Upon receiving an application under Section 3, the clerk of the court must send notice to all interested parties (or their counsels) of the day, hour, and place when the court will proceed, requesting presentation of all copies of motions, decrees, orders, and other documents in their possession relating to the destroyed records.
Section 4 mandates that civil cases pending trial be reconstituted using copies presented and certified under oath by the counsels or parties as correct.
Section 4 permits replacement of a missing motion, decree, order, document, or other vital proceeding by a written agreement on the facts entered into between counsels or parties, to be attached to the proper record.
Section 5 requires the court, when counsels or parties cannot agree, to determine what is proper for equity and justice and to consider the proceeding as non-existent, reconstituting only the parts of the record that can stand without it and continuing proceedings on the reconstituted record.
Section 6 provides that testimony in civil cases is reconstituted by an authentic copy or a new transcript of stenographic notes; if no authentic copy can be obtained and stenographic notes were destroyed, the cases must be tried de novo as if called for trial for the first time.
Section 7 provides that if a civil case was already decided, the decision is reconstituted by an authentic copy; if an authentic copy cannot be found, the court must make a new decision as if the case had never been decided.

Special proceedings, registration, and cadastral cases

Section 8 requires special proceedings to be reconstituted in the same manner as ordinary civil cases, with the addition that a copy of a statement setting forth the status of proceedings at the time of the fire or public calamity must be attached to the reconstituted record.
Section 9 requires registration proceedings pending issuance of a decree to be reconstituted using copies furnished by the Chief of the General Land Registration Office.
Section 9 requires the Chief of the General Land Registration Office, immediately upon receipt of the Section 1 notice, to direct duly certified true copies of all destroyed registration proceedings pending at the time of destruction and all destroyed decrees to be sent to the clerk of the concerned Court of First Instance.
Section 10 requires cadastral cases to be reconstituted by:
- the court issuing an order directing the interested person to file anew replies (allowing reasonable time), with the order published in the Official Gazette and by local notices for a period fixed in the order; and
- the Chief of the General Land Registration Office, upon receipt of the Section 1 notice, causing duly certified true copies of all destroyed cadastral proceedings to be sent to the clerk of the concerned court.
Section 10 provides that the new replies filed by parties and the copies furnished by the General Land Registration Office form the reconstituted record.
Section 11 requires the Director of Lands to cooperate with the Chief of the General Land Registration Office in furnishing copies of plans, certificates, reports, and other documents necessary for reconstitution; expenses of reconstitution must be reimbursable out of public calamity or emergency funds.
Section 12 provides that if registration or cadastral proceedings contain anything that cannot be reconstituted under Sections 9 and 10 and is of vital importance to interested parties, the ordinary civil-cases reconstitution procedure applies.

Criminal actions: reconstruction and dismissal/continuation

Section 13 requires pending criminal actions to be reconstituted using copies filed by the fiscal and defense counsel or the defendant himself, or certified under oath as correct; whatever cannot be reconstituted must be reconstructed using the supplementary procedure provided for ordinary civil cases.
Section 14 provides that testimony already taken is reconstituted by an authentic copy or by a new transcript of stenographic notes; if authentic copy is impossible to obtain and stenographic notes were destroyed, the case must be heard anew as if it had never been tried, and documentary evidence is replaced by secondary evidence.
Section 15 provides that if a criminal case has already been decided, the decision is reconstituted by an authentic copy; if impossible to obtain, the case is decided anew as if it had never been decided.
Section 16 requires attachment to the reconstituted record of a duly certified copy of proper entries of the docket of the justice of the peace court concerned, and states that this is sufficient evidence that preliminary investigation was held.
Section 17 requires the provincial fiscal, if the records of the provincial fiscal’s office were also destroyed, to ascertain pending criminal actions using available data from justice of the peace court dockets, reports of the provincial commander of the Constabulary, records of the warden of the provincial jail and municipal police, and other helpful sources.
Section 18 requires the provincial fiscal to investigate facts in each pending criminal action and, if he finds sufficient merits, to file the proper information without loss of time; once registered, the information and a certified copy of proper justice-of-the-peace docket entries (if any) form the reconstituted record and serve as the point of departure for continuing proceedings.
Section 19 requires the provincial fiscal, if he does not find sufficient merits, to present to the court a motion for dismissal specifying all facts and all steps taken in the investigation required by Section 17; after registration, the motion and any certified docket entries form the reconstituted record and serve as the point of departure.
Section 20 allows, where evidence has already been taken and can be reproduced, the provincial fiscal to enter into an agreement with defendants or their counsel as to substantial facts alleged in the information, or, if no agreement, requires the court to determine the reproduction terms based on the evidence, give defendants opportunity to file a demurrer against the reproduced information or introduce additional evidence.
Section 20 requires the court, if defendants have no counsel and desire one, to assign a counsel to represent them for reproduction proceedings.
Section 21 requires that after reproduction of the information, the defendant be informed; if the defendant pleads not guilty, the proper hearing must be held admitting previously introduced evidence and any additional evidence legally offered.
Section 22 provides that if the case was already decided, reconstitution uses an authentic copy, and if impossible, the case is decided anew.
Section 23 requires the provincial fiscal to give absolute preference to reconstitution of criminal actions where defendants are confined awaiting decision and to act with all possible dispatch.
Section 24 requires that all informations reproduced by the provincial fiscal bear the title “Reproduced Information”, and that the end show the date actually reproduced and a statement that the information was reproduced under this Act.

Common timing, numbering, and effects

Section 25 requires civil actions, special proceedings, and registration/cadastral proceedings destroyed when ready for appeal to the Supreme Court to be reconstituted using an authentic copy of the bill of exceptions or appeal record, which together with reconstituted evidence forms the reconstituted record for appeal purposes.
Section 26 requires use of other reconstitution procedures when an authentic bill of exceptions or appeal record cannot be obtained or evidence cannot be reconstituted.
Section 27 requires criminal actions destroyed when ready for appeal to be reconstituted under Sections 13 to 24; if there is a question about the appeal record or filing time, the court may authorize the defendant to reproduce it within a reasonable time.
Section 28 provides that if the dockets of the clerk’s office relating to destroyed civil actions, registration/cadastral proceedings, criminal actions, and special proceedings were preserved, the docket entries are proof of judicial proceedings recorded therein and prevail over any agreements between parties or counsel.
Section 29 requires interested parties who fail to petition for reconstitution within the six months next following the date they were given notice under Section 2 to be deemed to have waived reconstitution and to be able to file actions anew, without claiming the benefits of Section 31.
Section 30 allows interested parties, when destroyed records cannot be reconstituted by procedures in this Act or for any reason not provided for, to file actions anew upon payment of proper fees, to be registered as new actions and treated as such.
Section 31 provides that for all legal effects, time that elapsed from initiation of the destroyed record until the date when reconstitution is declared impossible is not counted against the interested party or his heirs and other successors in interest.
Section 41 states that all terms fixed by law or regulation cease to run from the destruction date and resume only on the date parties or counsel receive clerk notice that the records have been reconstituted.
Sections 32–40 govern docketing and recording of reconstituted cases and judgments:
- Section 32 requires reconstituted civil and criminal actions and special proceedings (and those initiated anew) to be registered and entered in respective dockets, numbered consecutively in chronological order of reconstitution and filing; reconstituted cases use figures preceded by a dash and a capital letter R.
- Section 33 provides that preserved docket numbering for civil and criminal actions and special proceedings is retained with a dash and capital letter R preceding the numbers, while still being registered in the “Docket of Reconstituted Cases” under Section 35.
- Section 34 requires reconstituted registration and cadastral proceedings to be registered and entered under the same numbers as before the calamity with a dash and capital letter R preceding; records of the same nature presented after the calamity take the numbers of destroyed and reconstituted records.
- Section 35 requires the clerk to open a special docket denominated “Docket of Reconstituted Cases” for all reconstituted cases, independently of ordinary dockets for reconstituted or newly filed actions and proceedings.
- Section 36 requires a certificate on the first pages of the “Docket of Reconstituted Cases” transcribing notices required under Sections 1 and 2, and pasting copies of the publication in a newspaper and stating it was also made in the Official Gazette with the volume and page number.
- Section 37 requires reconstituted civil and criminal actions and special proceedings entered in the “Docket of Reconstituted Cases” to mention agreements and other proceedings had for reconstitution and, if possible, the prior register number before fire or public calamity.
- Section 38 requires reconstituted registration and cadastral proceedings not to be registered or entered, but only briefly noted in the “Docket of Reconstituted Cases.”
- Section 39 requires, if reconstitution fails, the clerk to state failure and list proceedings had and the court order declaring reconstitution failed in the “Docket of Reconstituted Cases.”
- Section 40 provides that continuation proceedings are not spread on the “Docket of Reconstituted Cases” but on respective ordinary dockets.
Section 42 requires renewal of all bonds executed in civil and criminal cases and special proceedings as soon as cases are duly reconstituted.

Transitional and special reconstitution situations

Section 43 provides that in partial loss or destruction of a judicial record, the destroyed portion may be reconstituted under this Act.
Section 44 provides that judicial records destroyed or lost from causes other than fire or public calamity may be reconstituted under this Act.
Section 45 provides that nothing in this Act is construed to repeal or modify section three hundred and twenty-one of Act Numbered One hundred and ninety.
Section 46 requires the clerk of court to state in proper dockets and minutes of sessions the names of stenographers who took notes of evidence, and to send to the provincial fiscal full copies of decisions in criminal actions.
Section 47 requires the provincial fiscal to keep authentic copies of informations filed and decisions sent by the clerk of the court.

Justice of the peace court procedure

Section 48 requires justice of the peace courts, in reconstituting records destroyed by fire or other public calamity, to follow substantially and wherever possible the Courts of First Instance procedure.
Section 49 states justice of the peace courts are not required to issue the Section 1 notice, but must issue the Section 2-type notice addressed by registered mail to: the provincial board, provincial fiscal, provincial commander of the Constabulary, municipal president and councilors, local health officer, municipal treasurer, chief of police, and barrio lieutenants.
Sections 50–51 require publication and posting of the notice: copies must be posted for ten consecutive days in three public places in the poblacion and three public places in each of all barrios; notice must also be published by bandillo during the ten days in the poblacion and each barrio; parties are given ten days to apply for reconstitution.
Section 52 requires that duties imposed on the provincial fiscal for criminal actions pending in justice of the peace courts be imposed upon the proper prosecuting officer.
Section 53 provides that it is not necessary for justice of the peace courts to open a special docket for reconstituted cases.

Supreme Court reconstitution and appeal cases

Section 56 requires applications for reconstitution of records of original jurisdiction cases within six months from the month when interested parties were notified under Section 55, using the same procedure as for Courts of First Instance.
Section 57 allows parties interested in civil actions, registration/cadastral proceedings, or special proceedings appealed to the Supreme Court to apply by filing, within six months, a petition accompanied by a printed copy of the bill of exceptions or appeal record.
Section 58 requires the clerk of the Supreme Court to notify interested parties and counsel of the day, hour, and place where the Supreme Court or its commissioner will proceed; parties must present papers in their possession relating to cases to be reconstituted.
Section 59 specifies required reconstitution materials for Supreme Court appealed cases, including authentic printed copies of bill of exceptions or appeal record, copies of briefs if presented, authentic transcript of stenographic notes, authentic judgment if rendered, and copies of resolutions, writs, and other vital documents; destroyed documentary evidence is reconstituted using secondary evidence presented to any Supreme Court judge or any officer commissioned by it (including the Court of First Instance judge from which the case came).
Section 60 requires substitution by agreement when resolutions, writs, or vital documents cannot be filed or found; in default, the Supreme Court determines what is proper for equity and justice and may treat the proceeding or document as non-existent and reconstitute only parts that can stand.
Section 61 requires that if an authentic copy of the Supreme Court decision is not obtainable, the case is decided anew.
Section 62 requires new briefs when authentic copies of briefs filed are not obtainable and the case was pending decision at calamity, or when a decision anew is required; the Supreme Court may grant reasonable time.
Section 63 allows the Supreme Court to direct the Court of First Instance to order preparation of a new bill of exceptions or appeal record if an authentic printed copy is not obtainable or if it was about to be printed at the time of destruction; reasonable time may be granted.
Section 64 requires re-transcription if stenographic notes transcript is not filed; if stenographic notes were also destroyed, the Supreme Court directs the proper Court of First Instance to hear the case anew.
Section 65 requires that if the Supreme Court decision is not appealable or already final, an authentic copy proves its contents and forms the reconstituted record, without prejudice to attaching obtainable bill-of-exceptions/appeal record and briefs copies.
Sections 66–68 require Courts of First Instance to prepare a complete list of criminal actions appealed to the Supreme Court including stenographer names, send copies to the provincial fiscal, Attorney-General, and Supreme Court clerk, reconstitute the criminal actions under Sections 13 to 45, report reconstitution outcomes to the Supreme Court, and send the reconstituted record to the Supreme Court clerk for further appeal proceedings.
Sections 69–72 require that when restoration is successful, the reconstituted record in the Supreme Court includes authentic briefs and an authentic Supreme Court decision (if any), and if authentic decision is not obtainable, the case is decided anew; if briefs are not obtainable and case was pending decision or needs decision anew, the Supreme Court directs new briefs and may allow reasonable time; for cases already decided by the Supreme Court with finality or non-appealability, an authentic copy proves contents and forms the reconstituted record with attachments as applicable.
Section 73 requires actions and proceedings pending appeal to the Supreme Court of the United States to be reconstituted under preceding rules, and requires appeals to proceed as soon as the reconstituted record is ready.
Section 74 allows the Supreme Court to authorize reproduction of the appeal record within a reasonable time where appeal-record issues or filing time questions arise.

Register of deeds records and Torrens reconstitution

Section 75 requires the register of deeds, when register of deeds documents, books, and files are destroyed, to report immediately to the Chief of the General Land Registration Office and, if possible, forward a list of destroyed register books, decrees, and certificates of title.
Section 76 requires the Chief of the General Land Registration Office to send copies of destroyed registration decrees and certificates of title to the register of deeds.
Section 77 requires the register of deeds, upon receipt, to publish in the Official Gazette and a most widely read paper in the Philippine Islands and in the province (if any) a notice for six months requiring owners registered under the Torrens system to present copies of original certificates of title or certificates of transfer they possess, so annotations can be spread onto the copies received and on new certificates of transfer issued.
Section 78 prohibits the register of deeds from making any new annotation on the back of a reconstituted certificate of title or certificate of transfer until previous annotations have been transcribed on it.
Section 79 requires publication notice to holders of chattel mortgages to present copies of documents related to their mortgages in the register of deeds office.
Section 80 requires the register of deeds, upon presentation, to enter them anew in the book of records of chattel mortgages under Act Numbered Fifteen hundred and eight, under the date appearing on the presented copies.
Section 81 requires use of a separate chattel mortgage records book for reconstitutions and requires registration of new mortgages in chronological order beginning with number one, unless the existing chattel mortgage records book was saved, in which case existing enumeration is followed for future entries.
Section 82 requires adoption of the same rules and procedure for reconstitutions of entries made under Act Numbered Twenty-eight hundred and thirty-seven and Act Numbered Twelve hundred and twenty-eight, and amendments thereof.
Section 83 requires notice publication for holders of instruments registered under the Spanish Mortgage Law to present such instruments for re-registration.
Section 84 requires Spanish Mortgage Law entries to be given the same numbers as appear at the foot of the instrument.
Section 85 requires the opening of a record book for reconstituted registrations.
Section 86 provides that it is not necessary for the register of deeds to make an entry in the entry book when extending reconstituted entries; instead, the register of deeds must note in remarks or at the foot that the entry was reconstituted under this Act.
Section 87 prohibits charging any fees whatsoever for reconstitution of entries.
Section 88 provides that reconstituted entries have the same validity and legal effects as original entries.
Section 89 requires, whenever possible, the register of deeds to require interested parties to present original documents and to make certified correct and authentic copies in accordance with this Act for reconstitution purposes.
Section 90 provides that certified copies made and filed in proper envelopes or bundles have the same validity and legal effects as originals.

Authority to issue implementing regulations; effectivity

Section 91 requires the Supreme Court, Secretary of Justice, Attorney-General, and Chief of the General Land Registration Office to issue regulations, circulars, and instructions and prescribe the books and blanks necessary to carry this Act into effect, and to promulgate rules and take measures necessary to avoid future destructions of judicial records and register of deeds books or documents.
Section 92 provides that this Act takes effect on approval.
This Act was approved March 19, 1923.