Reconstitution of

Original Certificate of Title

FACTS
Client:
Ed Cabatian Muros VIII

Age:
40 years old

Civil Status:
Legally Separated
Address:
No. 45 Road 1, Quezon Hill,
Baguio City
Address of the Property Involved:
75 Ongpin Street Corner T.Pinpin,
Binondo, Manila

Property Description:
500 sq.m; Commercial Area

Register of Deeds:
ROD of Manila City
PROBLEM
 REPUBLIC ACT NO. 26

An Act Providing a Special Procedure

For The Reconstitution of Torrens
Certificates of Title Lost or Destroyed
 R.A. No. 26

Section 2. ORIGINAL CERTIFICATES OF TITLE

Section 3. Transfer certificates of title

Section 4. Liens
and other encumbrances affecting a
destroyed or lost certificate
 R.A. No. 26
Section 1.

Certificates of title lost or destroyed shall be

reconstituted in accordance with the provisions
of this Act.
 R.A. No. 26
Section 2. Original certificates of title shall be reconstituted from such of the
sources hereunder enumerated as may be available, in the following order

(a)The owner's duplicate of the certificate of

title;
 R.A. No. 26
Section 2. Original certificates of title shall be reconstituted from such of the
sources hereunder enumerated as may be available, in the following order

(b)The co-owner's, mortgagee's, or lessee's

duplicate of the certificate of title;
 R.A. No. 26
Section 5. (As Amended by Section 2 of RA 6732)

Petitions for reconstitution from sources enumerated in Sections 2(a), 2(b), 3(a,) and
3(b) of this Act may be filed with the Register of Deeds concerned by

1. the registered owner;

2. his assigns; or
3. other person, both natural and juridical, having an interest
in the property.
 R.A. No. 26
Section 5. (As Amended by Section 2 of RA 6732)

The petition shall be accompanied with the necessary sources for reconstitution and
with an affidavit of the registered owner stating, among other things:

(1) That no deed or other instrument affecting the property had been
presented for registration, or, if there be any, the nature thereof, the date of its
presentation, as well as the names of the parties, and whether the registration
of such deed or instrument 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;
 R.A. No. 26
Section 5. (As Amended by Section 2 of RA 6732)

The petition shall be accompanied with the necessary sources for reconstitution and
with an affidavit of the registered owner stating, among other things:

(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;
 R.A. No. 26
Section 5. (As Amended by Section 2 of RA 6732)

The petition shall be accompanied with the necessary sources for reconstitution and
with an affidavit of the registered owner stating, among other things:

(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 for reconstitution.
 R.A. No. 26
Section 5. (As Amended by Section 2 of RA 6732)

Additional Requirement:

If the reconstitution is to be made from any of the sources enumerated in

Section 2(b) or 3(b)

 the affidavit should further state that the owner's duplicate has been
lost or destroyed and the circumstances under which it was lost or
destroyed. Thereupon, the Register of Deeds shall, no valid reason to
the contrary existing, reconstitute the certificate of title as provided in
this Act.
 R.A. No. 26
Section 10.

• Nothing hereinbefore provided shall prevent any registered

owner or person in interest from filing the petition mentioned
in section five of this Act directly with the proper Court of
First Instance, based on sources enumerated in sections 2(a),
2(b), 3(a), 3(b), and/or 4(a) of this Act:

• Provided, however, That the court shall cause a notice of the

petition, before hearing and granting the same, to be
published in the manner stated in section nine hereof: And
provided, further, That certificates of title reconstituted
pursuant to this section shall not be subject to the encumbrance
referred to in section seven of this Act.
 (c) A certified copy of the certificate of title, previously
issued by the register of deeds or by a legal custodian
thereof;

(d) An authenticated copy of the decree of registration or

patent, as the case may be, pursuant to which the original
Reconstitution certificate of title was issued;
based on the
(e) A document, on file in the registry of deeds, by which
following the property, the description of which is given in said
documents: document, is mortgaged, leased or encumbered, or an
authenticated copy of said document showing that its
original had been registered; and

(f) Any other document which, in the judgment of the

court, is sufficient and proper basis for reconstituting the
lost or destroyed certificate of title.
 R.A. No. 26
Section 12.

Filing of Petition

WHERE TO FILE?
 At the proper RTC

WHO MAY FILE?

1. the registered owner;
2. his assigns; or
3. any person having an interest in the property.
 R.A. No. 26
Section 12.

The petition shall state or contain, among other things, 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 buildings 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;
 R.A. No. 26
Section 12.

The petition shall state or contain, among other things, the following:

(e) the names and addresses of the occupants or persons in possession of the
property, of the owners of the adjoining properties and all persons who may
have any 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. All the documents, or authenticated copies thereof,
to be introduced in evidence in support of the petition for reconstitution shall
be attached thereto and filed with the same:
 R.A. No. 26
Section 12.

In case the reconstitution is to be made exclusively from any other document

which, in the judgment of the court, is sufficient and proper basis for
reconstituting the lost or destroyed certificate of title.

the petition shall be further be accompanied with

1. a plan and technical description of the property duly approved by the
Chief of the General Land Registration Office;
2. or with a certified copy of the description taken from a prior certificate of
title covering the same property.
 R.A. No. 26
Section 12.

REPUBLIC OF THE PHILIPPINES vs. CONCEPCION LORENZO

G.R. No. 172338 December 10, 2012

The respondents presented the ff. documents:

1. the approved sketch plan with its blue print;
2. the certified technical description of the subject lot;
3. the Deed of Sale executed by Antonia Pascua;
4. the Tax Declaration, and Tax Payment Receipts.

SC: In the case at bar, the respondents were unable to discharge the
burden of proof prescribed by law and jurisprudence for the
reconstitution of lost or destroyed Torrens certificate of title.
 R.A. No. 26
Section 12.

REPUBLIC OF THE PHILIPPINES vs. CONCEPCION LORENZO

G.R. No. 172338 December 10, 2012

The term "any other document" in paragraph (f) refers to reliable documents of the kind described
in the preceding enumerations and that the documents referred to in Section 2(f) may be
resorted to only in the absence of the preceding documents in the list. Therefore, the
party praying for the reconstitution of a title must show that he had, in fact, sought to secure such
documents and failed to find them before presentation of "other documents" as evidence in
substitution is allowed.
 R.A. No. 26
Section 12.

REPUBLIC OF THE PHILIPPINES vs. CONCEPCION LORENZO

G.R. No. 172338 December 10, 2012

In the case at bar, the respondents were unable to discharge the burden of proof prescribed by law
and jurisprudence for the ff. reasons

1) Respondents failed to prove that the owner’s duplicate copy of OCT No. 3980 was indeed
eaten by termites while in the custody of respondent Concepcion Lorenzo and her late
husband Pedro Fontanilla who, inexplicably, did not execute an affidavit of loss as
required by law;

2) The Certification issued by the Register of Deeds of Ilagan, Isabela did not categorically
state that the original copy of OCT No. 3980 was among those destroyed by the fire that
gutted the premises of said office on December 4, 1976. The document only stated that
said office "could not give any information/data involving the existence of Original/Transfer
Certificate of Title No. Lot No. 18, area 770 sq. m., located at Taggapan, Echague, Isabela.
 R.A. No. 26
Section 12.

REPUBLIC OF THE PHILIPPINES vs. CONCEPCION LORENZO

G.R. No. 172338 December 10, 2012

In the case at bar, the respondents were unable to discharge the burden of proof prescribed by law
and jurisprudence for the ff. reasons

3) A comparison between the aforementioned certification and the technical description and
sketch plan will reveal that there was a discrepancy in the land area of the lot allegedly
covered by OCT No. 3980.

4) An examination of the deed of sale would reveal that the number of the OCT allegedly
covering the subject parcel of land is clearly indicated, however, the date when said OCT
was issued does not appear in the document.
 R.A. No. 26
Section 13.
Publication & Posting

 The court shall cause a notice of the petition, filed under the preceding section, to
be published,
1. at the expense of the petitioner;
2. twice in successive issues of the Official Gazette;

 to be posted on the main entrance of the provincial building and of the municipal
building of the municipality or city in which the land is situated, at least thirty
days prior to the date of hearing.
 R.A. No. 26
Section 13.

Service of Notice

The court shall likewise cause a copy of the notice to be sent, by registered mail or otherwise, at the expense of
the petitioner, to every person named therein whose address is known, at least thirty days prior to
the date of hearing.
– Said notice shall state, among other things
1. the number of the lost or destroyed certificate of title, if known,;
2. the name of the registered owner;
3. the names of the occupants or persons in possession of the property;
4. the owners of the adjoining properties and all other interested parties;
5. the location, area and boundaries of the property; and
6. the date on which all persons having any interest therein must appear and file their
claim or objections to the petition.

The petitioner shall, at the hearing, submit proof of the publication, posting and service of the notice as
directed by the court.
 R.A. No. 26
Section 7.

Reconstituted certificates of title shall have the same

validity and legal effect as the originals thereof.
 P.D 1529

Amending and Codifying The Laws

Relative To Registration of Property
and For Other Purposes
P.D 1529 Property Registration Decree
Section 110. Reconstitution of lost or destroyed original of Torrens title.
As Amended by Section 1 of RA 6732

 Original copies of certificates of titles lost or destroyed in the

offices of Register of Deeds as well as liens and encumbrances
affecting the lands covered by such titles shall be
reconstituted judicially in accordance with the procedure
prescribed in Republic Act No. 26 insofar as not
inconsistent with this Decree.
P.D 1529 Property Registration Decree
Section 110. Reconstitution of lost or destroyed original of Torrens title.
As Amended by Section 1 of RA 6732

 Notice of all hearings of the petition for judicial reconstitution

shall be furnished the Register of Deeds of the place where the
land is situated and to the Administrator of the Land
Registration Authority.
P.D 1529 Property Registration Decree
Section 110. Reconstitution of lost or destroyed original of Torrens title.
As Amended by Section 1 of RA 6732

 No order or judgment ordering the reconstitution of a

certificate of title shall become final until the lapse of fifteen
(15) days from receipt by the Register of Deeds and by the
Administrator of the Land Registration Authority of a notice of
such order or judgment without any appeal having been filed
by any such officials.
P.D 1529 Property Registration Decree
Section 110. Reconstitution of lost or destroyed original of Torrens title.
As Amended by Section 1 of RA 6732

Administrative Reconstitution:

1. The procedure relative to administrative reconstitution of lost or destroyed

certificate prescribed in said Act may be availed of only in case of
substantial loss or destruction of land titles due to fire,
flood or other force majeure as determined by the Administrator
of the Land Registration Authority;
2. Provided, That the number of certificates of titles lost or damaged should
be at least ten percent (10%) of the total number in the possession
of the Office of the Register of Deeds;
3. Provided, further, That in no case shall the number of certificates of titles
lost or damaged be less than five hundred (500).
PLEADING
Present Status
 Georgia Adlawan vs. Nicetas Joaquino
GR NO. 203152 June 20, 2016

 As held in this case, June 7, 1982 Rebedios Cabello, filed for

a reconstitution of OCT, due to a house fire in 1979.

 It was only granted in an order dated June 1, 1983 by Cebu

City RTC, and only become final executory on June 30, 1983.
 Manila Railroad Company vs. Hon. Jose Moya, Judge of
CFI Camarines Sur and Consuelo L. Vda. De Prieto.
GR No. L-17913 June 22, 1965

 On May 21, 1958, the MRC file a petition to reconstitute

OCT of 3 parcels of land in municipality of Baao and Bula
Cam Sur.

 The petition was given due course and after NOTICE OF

HEARING was PUBLISHED in the Official Gazette and
posted on the bulletin board of the municipalities where the
properties are located. Order was entered on January, 26,
1959.
Thank you! 