Sources for Reconstituting Original Certificates of Title
- Owner's duplicate certificate of title.
- Co-owner's, mortgagee's, or lessee's duplicate certificate of title.
- Certified copy of the title issued by the register of deeds or legal custodian.
- Authenticated copy of decree of registration or patent.
- Registered document showing mortgage, lease, or encumbrance.
- Other documents deemed sufficient by the court.
Sources for Reconstituting Transfer Certificates of Title
- Owner’s duplicate.
- Co-owner’s, mortgagee’s, or lessee’s duplicate.
- Certified copy from the register of deeds.
- Registered deed of transfer or authenticated copy thereof.
- Registered documents for mortgages, leases, or encumbrances.
- Other documents approved by the court.
Reconstitution of Liens and Encumbrances
- Annotations or memoranda on duplicates.
- Registered documents or authenticated copies.
- Other documents as judged sufficient by the court.
Administrative Reconstitution Procedures with Register of Deeds
- Petitions may be filed with the register of deeds by owner or interested party.
- Must be accompanied by necessary documents and affidavit by the registered owner.
- Affidavit must declare status of other instruments affecting the property.
- Register of deeds shall reconstitute if no valid objection exists.
Register of Deeds’ Authority to Reconstitute Motu Proprio
- Can compel surrender of owner’s duplicate.
- After reconstitution, duplicate is returned to the owner.
Validity and Legal Effect of Reconstituted Certificates
- Reconstituted certificates have same legal effect as originals.
- Extra-judicial reconstitution notes existing rights or interests not annotated.
- Such reservations are noted as encumbrances on the reconstituted certificate.
Remedy for Parties with Unnoted Rights on Reconstituted Certificates
- May petition Court of First Instance for annotation.
- Court conducts notice, hearing, and grants appropriate relief.
Removal of Encumbrance Reservations from Reconstituted Certificates
- Owner or interested parties may petition the court to free the certificate from reservations.
- Requires notice via Official Gazette and posting at public buildings.
- Court ruling after hearing, or ex parte cancellation if unchallenged after two years.
Judicial Proceedings for Direct Reconstitution Petitions
- Registered owner or interested party may file directly with the Court of First Instance.
- Court must publish notice before granting.
- Certificates so reconstituted are free from encumbrance reservations.
Judicial Reconstitution of Registered Interests, Liens, and Encumbrances
- Petitions based on certain documents must be filed with the Court of First Instance.
- Requires publication of notice and hearing.
- Court renders judgment on merits.
Specific Petition Requirements for Certain Sources
- Detailed petition content requirements including:
- Loss or destruction details.
- Property description and boundaries.
- Occupants and adjoining owners.
- Description of encumbrances.
- Status of other instruments.
- Supporting documents or authenticated copies attached.
- May require plan and technical description if reconstituted from specific sources.
Notice Requirements for Court Proceedings
- Publication twice in Official Gazette.
- Posting on provincial and municipal building entrances.
- Sending copies by registered mail to known interested persons.
- Proof of compliance required at hearing.
Court Powers to Compel Production of Documents
- Court may order persons to produce documents necessary for reconstitution.
- Enforceable by suitable legal process.
Court's Findings and Order of Reconstitution
- Court must find sufficiency and propriety of documents.
- Confirmation of registered owner and property details.
- Certified order furnished to register of deeds.
- Dismissal if evidence insufficient, without prejudice to confirmation under Land Registration Act.
Issuance of Duplicates and Notations After Reconstitution
- Register of deeds issues owner’s duplicate and additional copies as necessary.
- Such issuance is annotated on the reconstituted certificate.
Certification by Register of Deeds
- Date of reconstitution noted.
- Source(s) and nature (administrative or judicial) of reconstitution stated.
Effect of Recovery of Lost or Destroyed Certificate
- Found original prevails over reconstituted title.
- Transfer of new liens or encumbrances to recovered title.
- Cancellation of reconstituted certificate.
- Procedures if reconstituted certificate has been cancelled and new title issued.
Resolution When Names on Certificates Differ
- Register reports matter to Court of First Instance if titles in different names.
- Court orders cancellation of the reconstituted certificate.
- Distribution of liens or encumbrances as equitable.
Enforcement When Duplicates Are Withheld
- Court may order production for cancellation or annotation.
- Enforced by legal process.
Requirement to File Plan and Technical Description
- Registered owner must file plan within two years when full technical description absent.
- Approval by Chief of the General Land Registration Office.
- Transfer certificates withheld until compliance.
Procedural Requirements for Petitions
- Must be sworn and filed in proper land registration or cadastral case.
- Special procedure if cadastral case lost or property not included in cadastral survey.
Fees and Government Assistance
- No fees charged for filing or services related to reconstitution.
- Certified copies necessary for reconstitution furnished free by government entities.
Rulemaking Authority
- Chief of General Land Registration Office issues rules and forms to implement the Act.
Repeal of Conflicting Provisions
- Previous conflicting sections declared inoperative concerning reconstitution.
Effectivity
- Act takes effect upon approval.