Understanding the process of reconstitution of title

(First of two parts)

Loss or destruction of original or duplicate copies of titles to properties is common, with reasons ranging from theft to a natural calamity.

For instance, as reported by the Philippine Daily Inquirer’s Raul J. Palabrica in his article entitled, “Land Titles Swept by ‘Yolanda,’” the supertyphoon’s strong winds and storm surge carted away, among others, the residents’ copies of the titles to their properties. Also, copies that survived were either completely soaked, unreadable, or destroyed.

Meanwhile, a fire in 1998 razed original copies of the land titles in the custody of the Register of Deeds of Quezon City.

“The loss resulted in an unprecedented land ownership mess,” said Palabrica. “Con artists took advantage of the situation and duped countless land owners and buyers of real properties with spurious documents.”

Said copies may be restored, however, through the process of reconstitution. In Republic v. Holazo, the Supreme Court held that reconstitution, which is either judicial or administrative in nature, denotes a restoration of the instrument which is supposed to have been lost or destroyed in its original form or condition.

Its purpose is to have the title or any document reproduced, after observing the procedure prescribed by law, in the same form they were when the loss or destruction occurred.

The filing of a petition initiates the proceedings for judicial reconstitution of a title.

Such a petition is mandated to prove that: (a) the title sought to be reconstituted has either been lost or destroyed; and (b) at the time of said loss or destruction, the petitioner is the registered owner of the property covered by the title.

The fact that neither a private person nor the Republic of the Philippines filed an opposition to this petition will not relieve the petitioner of his burden of proof.

Section 2 of Republic Act No. 26 states that original certificates of title shall be reconstituted from the following sources, in this order:

the owner’s duplicate of the certificate of title;

the co-owner’s, mortgagee’s, or lessee’s duplicate of the said certificates;

certified copy of such certificate, previously issued by the Register of Deeds or by a legal custodian thereof;

authenticated copy of the decree of registration or patent as the case may be, which was the basis of the certificate of title;

deed or mortgage, lease or encumbrance containing the description of the property covered by said title, and on file with the Register of Deeds, or an authenticated copy thereof indicating that its original had been registered; and

any other document which, in the judgment of the court, is sufficient and proper basis for reconstitution.

Meanwhile transfer certificates of title (TCTs) shall be reconstituted from the same sources, and in the same order, except that a deed of transfer or other document containing description of the property covered by the TCT and on file with the Registry of Deeds, or an authenticated copy thereof indicating that its original had been registered and pursuant to which the lost or destroyed certificate of title was issued, is sufficient instead of the authenticated copy of the decree of registration or patent required for the reconstitution of an original certificate of title.

A petition for judicial reconstitution shall be filed in the proper Regional Trial Court by the registered owner, his assigns, or any person having an interest in the property.

Said petition shall allege the following: (a) that the owner’s duplicate of the certificate of title had been lost or destroyed; (b) that no co-owner’s, mortgagee’s or lessee’s duplicate had been issued or, if any had been issued, the same had been lost or destroyed; (c) the location, area and boundaries of the property; (d) the nature and description of the building or improvements, if any, which do not belong to the owner of the land, and the names and addresses of the owners of such buildings or improvements; (e) the names and addresses of the occupants or persons in possession of the property, of the owners of the adjoining properties and of all persons who may have interest in the property; (f) a detailed description of the encumbrances, if any, affecting the property; and (g) a statement that no deeds or other instruments affecting the property have been presented for registration, or if there be any, the registration thereof has not been accomplished, as yet.