General Notice for Reconstitution
- The court issues a general notice to parties and interested individuals, to be sent by registered mail and published in the Official Gazette and a widely-read newspaper for four weeks.
- This notice advises of the destruction and specifies the timeframe for reconstitution.
Application for Reconstitution of Civil Case Records
- Parties or their counsel have 30 days to apply for reconstitution after notification.
- The court clerk schedules a session for presenting copies of relevant documents for record reconstruction.
Method of Reconstituting Civil Case Records
- Reconstitution is based on copies presented and sworn to be accurate.
- Missing vital documents may be replaced by mutually agreed facts among parties, reduced to writing.
Court’s Role in Disputes on Record Reconstitution
- If parties disagree, the court decides equitably, may consider disputed proceedings as nonexistent, and continue with the remainder.
Reconstitution of Testimony in Civil Cases
- Testimonies are restored via authentic copies or new transcripts from stenographic notes.
- If transcripts and copies are lost, the case must be tried anew.
Reconstitution of Civil Case Decisions
- Decisions are reconstituted through authentic copies.
- If copies cannot be found, the court makes a new decision as if the case were undecided.
Reconstitution of Special Proceedings
- Similar process as ordinary civil cases.
- Includes filing a statement of the status at calamity occurrence.
Reconstitution of Registration Proceedings
- The General Land Registration Office furnishes certified true copies of destroyed registration proceedings and decrees for reconstitution.
Reconstitution of Cadastral Cases
- The court orders parties to re-file replies.
- Copies from the General Land Registration Office and new replies constitute the reconstituted record.
- Order to be published formally and locally.
Cooperation and Expenses
- The Director of Lands assists in providing necessary copies.
- Reconstitution costs reimbursed from public calamity funds.
Supplementary Procedure for Registration and Cadastral Records
- If vital parts cannot be restored via copies, the civil case reconstitution procedure applies.
Reconstitution of Pending Criminal Actions
- Based on copies filed or certified by the fiscal and defendant or their counsel.
- Missing parts reconstructed using civil case procedures.
Reconstituting Testimony and Evidence in Criminal Cases
- Testimonies restored via authentic copies or new transcripts; if lost, case retried anew.
- Documentary evidence replaced by secondary evidence.
Reconstitution of Criminal Decisions
- Decisions are reconstituted via authentic copies or decided anew if copies are missing.
Evidence of Preliminary Investigation
- Certified docket entries from justice of the peace courts suffice as proof of preliminary investigation.
Duties of Provincial Fiscal When Records Are Destroyed
- Investigates pending criminal cases using available data sources.
- Files new information or motions for dismissal accordingly.
- May enter agreements regarding facts or have the court determine terms if no agreement.
Continuation of Criminal Proceedings Post-Reconstitution
- Defendant notified and given opportunity to plead.
- Trial proceeds with available and new evidence.
- Preference given to cases with confined defendants awaiting decision.
- Reproduced informations must be labeled and dated accordingly.
Reconstitution of Appeals and Cases Ready for Supreme Court
- Uses authentic copies of appeal documents or followed civil and criminal reconstitution procedures if unavailable.
- The court may authorize reproduction of appeal records if needed.
Docket Preservation
- Preserved docket entries serve as proof of proceedings and override agreements on the record's contents.
Waiver and New Actions
- Failure to petition for reconstitution within six months results in waiver and permits filing anew without benefits.
- New actions must be registered and treated as original.
- Time elapsed before declaration of failed reconstitution not counted against parties.
Registration and Organization of Reconstituted Cases
- Reconstituted cases entered and numbered with an "R" added to original docket numbers.
- Special docket for reconstituted cases created.
- Notices and certificates of publication included in dockets.
- Continuation of proceedings recorded in ordinary dockets.
Legal Effects and Renewal of Bonds
- Reconstituted records hold full legal effect.
- Bonds in cases must be renewed upon reconstitution.
Partial Loss and Other Causes
- Partial record loss treated similarly.
- Losses due to causes other than fire or calamity may also be reconstituted.
Duties of Court Officers
- Clerks must document stenographers’ names and decisions.
- Provincial fiscals to keep authentic copies of informations and decisions.
Procedures for Justice of the Peace Courts
- Follow procedures similar to Courts of First Instance except for notice issuance.
- Notice sent to local officials and published via public posting and bandillo.
- Ten-day period for application for reconstitution.
- Prosecuting officers assume fiscal roles.
- No special docket required.
Procedures for Supreme Court Reconstitution
- Clerk must notify key government and judicial officials and lawyers.
- Chief Justice issues general notice published for eight weeks.
- Application period is six months.
- Reconstitution follows First Instance procedures.
- Appeals reconstituted by petition with documentation.
- If documents or briefs are missing, court may order re-preparation or retrial.
Reconstitution of Criminal Appeals
- Complete lists of appealed cases prepared.
- Courts of First Instance reconstitute records and report to Supreme Court.
- Records transmitted upon completion.
- Supreme Court may order new briefs or decision anew if needed.
- Final decisions recreated from authentic copies.
Reconstitution of Register of Deeds’ Documents and Books
- Register of deeds reports losses to General Land Registration Office.
- Office supplies copies of destroyed decrees and titles.
- Notices published requiring owners to submit original certificates for annotation.
- Annotations must be transferred before new ones are made.
- Similar provisions for chattel mortgages and Spanish Mortgage Law registrations.
- Separate record books for reconstituted and new registrations maintained.
- No fees charged for reconstitution entries.
- Certified copies have full legal effect.
Regulatory Authority and Implementation
- The Supreme Court, Secretary of Justice, Attorney-General, and Chief Land Office to issue necessary rules and measures.
- Provision for avoiding future destructions.
Effectivity
- The Act takes effect upon approval.