Administrative Reconstitution of Original Copies of Lost or Destroyed Certificates of Title

July 26, 1989

LRA CIRCULAR NO. 13-89

 

Pursuant to Section 8 of Republic Act No. 6732, the following rules and regulations are hereby promulgated for the effective implementation of the provisions of said Act:

1. When Administrative Reconstitution may be Availed of . — The procedure relative to administrative reconstitution of lost or destroyed original copies of certificates of title prescribed in Republic Act No. 26 may be availed of only in case of substantial loss or destruction of land titles due to fire, flood or other force majeure where the number of certificates of title lost or damaged is at least ten percent (10%) of the total number of titles in the custody of the Register of Deeds but in no case the number of titles lost or damaged be less than five hundred (500) as determined by the Administrator of the land Registration Authority.

Original copies of certificates of title lost or destroyed due to the same causes within a period of fifteen (15) years before the effectivity of Republic Act No. 6732 may also be administratively reconstituted.

2. Inventory of Registry Records. — Immediately after the loss or destruction of registry records as a result of fire, flood or other force majeure, the newly designated Reconstituting Officer or the Register of Deeds shall prepare a true, complete and faithful inventory of all books, titles, documents, cash and property. Said inventory shall be signed by the Administrator of the Land Registration Authority and shall be published in a newspaper of general circulation in the province or city where the loss or destruction of titles occurred, together with the announcement that the lost or destroyed certificates of title may be administratively reconstituted pursuant to the provisions of RA No. 6732. The Administrator shall certify under oath that the inventory was prepared and certified correct by the newly designated Reconstituting Officer or the Register of Deeds.

3. Where and by Whom Petition is Filed. — Petitions for Administrative reconstitution may be filed with the Register of Deeds of the destroyed or burned registry by the registered owner, his assigns, or other person, both natural or judicial, having an interest in the property.

4. Sources of Reconstitution. — Only the owner's or co-owner's duplicate of an original or transfer certificate of title may be used as a source of administrative reconstitution.

5. Form and Contents of Petition. — The petition must be verified and shall state, among other things, petitioner's full name, address and other personal circumstances, the nature of his interest in the property and the title number of the certificate of title sought to be reconstituted.

6. Documents to Accompany Petition. — The petition shall be accompanied with three (3) clear and legible xerox copies of the owner's or co-owner's duplicate of the certificate of title and an affidavit of the registered owner stating, among other things, the following:

(a) 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;

(b) That the owner's duplicate certificate or co-owner's duplicate is in due form without any apparent intentional alterations or erasures;

(c) That the certificate of title is not the subject of litigation or investigation, administrative or judicial, regarding its genuineness or due execution or issuance;

(d)  That the certificate of title was in full force and effect at the time it was lost or destroyed;

(e) That the certificate of title is covered by a tax declaration regularly issued by the Assessor's Office; and

(f) That real estate taxes have been fully paid up to at least two (2) years prior to the filing of the petition for reconstitution.

Where the reconstitution is to be made on the basis of the co-owner's duplicate certificate, the affidavit shall further state that the owner's duplicate has been lost or destroyed and the circumstances surrounding its loss or destruction.

If such loss or destruction occurred while said owner's duplicate was in the possession of any person other than the registered owner, an affidavit of such person stating the fact and circumstances of such loss or destruction, and how he obtained possession of said owner's duplicate, must be submitted together with the petition.

7. Referral of Petition to Reconstituting Officer. — After receipt of the petition and upon being satisfied that the requirements of Republic Act No. 6732 and these guidelines have been complied with, the Register of Deeds concerned shall forward the petition and its accompanying documents, together with his comments, if any, to the Reconstituting Officer or the Register of Deeds of another registry to be designated by the Administrator. The Reconstituting Officer shall be assisted by such number of personnel as may be designated by the Administrator.

8. Order of Reconstitution. — If the Reconstituting Officer or the Register of Deeds of another registry, after appropriate verification, is convinced that the certificate of title may be reconstituted, he shall issue an order of reconstitution. Otherwise, he shall deny the petition, stating his reasons therefor. The Register of Deeds concerned and the petitioner shall be furnished with copies of the order. prcd

9. Review by the Administrator. — The Administrator of the Land Registration Authority may review, revise, reverse, modify or affirm any decision of the Reconstituting Officer or Register of Deeds. Any appeal shall be filed within fifteen (15) days from the receipt of judgment or order by the aggrieved party. (Section 9, Republic Act No. 6732).

10. Manner of Reconstitution. — If no appeal has been taken, or if the Administrator affirms the order of reconstitution, the Register of Deeds concerned, no valid reason to the contrary existing, and upon surrender of the owner's or co-owner's duplicate, shall reconstitute the certificate of title by copying verbatim on the appropriate judicial form the full name of the registered owner, his civil status, name of spouse if married, citizenship, residence, extent of ownership in case there are several owners, the description of the property and all liens and encumbrances noted on the owner's or co-owner's duplicate. All blank spaces in the form shall be filled out properly and correctly and as completely as possible in accordance with the data available.

11. Adoption of Applicable Rules of GLRO Circular No. 17. — The following paragraphs of GLRO Circular No. 17, dated February 19, 1947, as modified, relative to administrative reconstitution of certificates of title are hereby adopted as part of these rules and regulations.

7. A certificate of title partially destroyed shall be reconstituted totally. But if said certificate of title consists of more than one sheet, such sheet or sheets only as may have been destroyed or be missing should be reconstituted.

14. The Register of Deeds shall certify on each reconstituted certificate of title the date of its reconstitution, the source or sources thereof, and the number of pages of which said certificate consists. This certification which shall be placed on the space immediately below the last annotation on the reconstituted title or on the additional sheet thereof, should be in a form substantially as follows:

"It is hereby certified that this certificate of title, consisting of _________ pages, has on date been reconstituted from its owner's (or co-owner's) duplicate, the reconstitution having been effected administratively under the provisions or Republic Act No. 26 in relation to Republic Act No. 6732."

The Register of Deeds shall further write or have stamped in a conspicuous place on the face of the reconstituted certificate of title, preferably on the upper portion thereof, the following words in capital letters:

"RECONSTITUTED UNDER REPUBLIC ACT NO. 26 IN RELATION TO REPUBLIC ACT NO. 6732."

15. On the owner's or co-owner's duplicate which served as basis of the reconstitution, the Register of Deeds shall enter a note in a form substantially as follows:

"It is hereby certified that pursuant to the provisions of Republic Act No. 26 in relation to Republic Act No. 6732, the original of this certificate of title has been reconstituted from this owner's (or co-owner's) duplicate on this ___________." (date)

17. Reconstituted certificates of title shall be given new numbers in the following manner:

(a) In the case of original certificates of title entered pursuant to decrees issued in land registration or cadastral proceedings, the new numbers which must be in consecutive order starting from number 1, shall be preceded by a dash and the capital letters RO, and followed in parenthesis, by the number of the respective lost or destroyed certificates of title, for example, RO-1 (3647), RO-2 (4567), RO-3 (763), etc.

(b) In the case of original certificates of title entered pursuant to patents issued under the Public Land Act, the new numbers which must be in consecutive order starting from number 1, shall be preceded by a dash and the capital letters RP, and followed, in parenthesis, by the number of the respective lost or destroyed certificates of title. For example, RP-1 (528), RP-2 (376), RP-3 (787), etc.

(c) In the case of transfer certificates of title, irrespective of their origin, the new numbers which must be in consecutive order starting from number 1, shall be preceded by a dash and the capital letters RT, and followed, in parenthesis, by the number of the respective lost or destroyed certificates of title. For example, RT-1(123456), RT-2 (78654), RT-3 (89764), etc.

"18. All owner's or co-owner's duplicate subsisting at the time of, or issued after, the reconstitution of their originals, shall bear the same number as that given to their respective reconstituted certificates of title in accordance with the preceding paragraph.

"19. Reconstituted certificates of title shall be placed in their corresponding binders which, with such certificates, shall be known as the registration books of reconstituted certificates of title. There shall be three sets of this kind of books which shall be entitled as follows:

(a) "Registration Book of Reconstituted Original Certificates of Title," which shall contain reconstituted copies only of original certificates of title entered pursuant to decrees issued in land registration or cadastral proceedings:

(b) "Registration Book of Reconstituted Original Certificates of Title, Section 103, P.D. 1529," which will contain reconstituted copies of only original certificates of title entered pursuant to patents issued under the Public Land Act; and

(c) "Registration Book of Transfer Certificates of Title", which will contain reconstituted copies only of transfer certificates of title of all kinds irrespective of their origin.

"20. Each Book of Reconstituted Certificates of Title shall contain 200 certificates only of the same kind, as above indicated, and all books belonging to the same kind shall be numbered consecutively beginning with number 1. The title of each book shall be written on the cover thereof.

"21. The Register of Deeds shall keep a record book in which he shall enter chronologically all petitions or orders for reconstitution of certificates of title. All entries in said record book shall be numbered consecutively beginning with number 1, and shall state the date of entry, name of petitioner, number of the certificate of title, and date of reconstitution.

"22. All deeds, documents and other papers, including court orders, notices of attachment, notices of lis pendens, and other adverse claims, which had been presented and duly noted in the entry books and are intact in the office of the Register of Deeds, but the registration thereof had not been accomplished at the time the certificates of title affected thereby were lost or destroyed, shall be taken into consideration in effecting the reconstitution of the certificates of title concerned, and their registration shall be accomplished or completed, if found to be in order, upon or after such reconstitution."

12. Annotation and Cancellation of Reservation. — On all administratively reconstituted certificates of title, as well as on their owner's or co-owner's duplicates that served as basis for the reconstitution, the Register of Deeds shall enter a memorandum of the reservation provided in Section 7 of Republic Act No. 26. This memorandum should be in a form substantially as follows:

(a) On the reconstituted certificate of title:

"Pursuant to Section 7 of Republic Act No. 26, this certificate of title, having been administratively reconstituted, is without prejudice to any party whose right or interest in the property was duly noted on the original hereof at the time it was lost or destroyed."

(b) On the owner's and co-owner's duplicates of the reconstituted certificate of title:

"Pursuant to Section 7 of Republic Act No. 26, this certificate of title, the original of which has been administratively reconstituted is without prejudice to any whose right or interest in the property was duly noted on said original copy at the time it was lost or destroyed."

(c) On all transfer certificates of title issued subsequently covering the same property:

"Pursuant to Section 7 of Republic Act No. 26, this certificate of title is without prejudice to any party whose right or interest in the property was duly noted on the original of reconstituted certificate of title No. ___ at the time it was lost or destroyed."

This reservation shall be carried over in all transfer certificates issued subsequently covering the same property, or a portion thereof, until cancelled in accordance with Section 9 of Republic Act No. 26.

13. Titles Without Full Technical Description. — Where the reconstituted certificate of title does not contain the full technical description of the land but only the location, area and boundaries thereof, except where such technical description is contained in a prior certificate of title which is available, the Register of Deeds shall annotate on said reconstituted certificate a memorandum to the effect that the registered owner must, within two (2) years from the dated of reconstitution, file a plan and technical description of such land with the Administrator, Land Registration Authority, pursuant to Section 21 of Republic Act No. 26. Said memorandum shall likewise be annotated on the owner's duplicate as well as on all other duplicates, and shall be carried over on all new certificates of title that may be subsequently issued. After the expiration of the period above-mentioned, no transfer certificate of title shall be issued in pursuance of any voluntary instrument until such plan and technical description shall have been filed, approved and noted as provided by law.

14. Retention of Owner's or Co-owner's Duplicate. — After reconstitution, the owner's or co-owner's duplicate surrendered by the petitioner shall be retained by the Register of Deeds and a new certificate of title issued in lieu thereof, the original of which shall be kept in the registry while the owner's duplicate thereof delivered to the registered owner.

15. Reproduction of Reconstituted Titles. — Reconstituted titles shall be reproduced in three (3) image copies, one copy to be kept in this Authority, while the second and third copies shall be stored for safekeeping purposes in the National Library Archives Division and in the fire-proof vault of the Security Printing Plant of the Central Bank. Such image copy shall, after the authentication by the Register of Deeds of the province or city where the land is located, be considered as a duplicate original and as an authorized source of reconstitution together with the other sources enumerated in Section 2 and 3 of Republic Act No. 26: Provided, however, that for examination, verification or reference purposes, only the original copy of the reconstituted certificate of title filed in the registry or the image copy thereof kept in this Authority may be used.

16. Monthly Reports. — The Reconstituting Officer or the Register of Deeds concerned shall submit to the Secretary of Justice and the governor or city mayor concerned monthly periodic status reports on reconstitution proceedings and reconstituted titles, as well as immediate reports of any verified complaint presented to them.

17. Exemption from Fees. — No fees shall be charged for the filing of any petition nor for any service rendered in connection therewith or in compliance with any provision of Republic Act No. 26 in relation to Republic Act No. 6732 by the Administrator, Reconstituting Officer or Register of Deeds.

18. Resource to the Courts. — Any interested party who by fraud, accident, mistake or excusable negligence has been unjustly deprived or prevented from taking part in the proceedings may file a petition in the proper court to set aside the decision and to reopen the proceedings. The petition shall be verified and must be filed within sixty (60) days after the petitioner learns of the decision but not more than six (6) months from the promulgation thereof.

19. Penal Sanctions. — Any person who by means of fraud, deceit or other machination obtains or attempts to obtain a reconstituted title shall be subject to criminal prosecution and, upon conviction, shall be liable for imprisonment for a period of not less than two years but not exceeding five years or the payment of a fine of not less than Twenty thousand pesos but not exceeding Two hundred thousand pesos at the discretion of the court.

Any public officer or employee who knowingly approves or assists in securing a decision allowing reconstitution in favor of any person not entitled thereto shall be subject to criminal prosecution and, upon conviction, shall be liable for imprisonment of not less than five years but not exceeding ten years or payment of a fine of not less than Fifty thousand pesos but not exceeding One hundred thousand pesos or both at the discretion of the court and perpetual disqualification from holding public office." (Section 12, R.A. No. 6732).

20. Repealing Clause. — All circulars, administrative orders, rules, regulation and other issuance or parts thereof inconsistent with any of the provisions of these guidelines are hereby repealed or modified accordingly.

21. Effectivity. — This Circular shall take effect after fifteen (15) days following its publication once in a newspaper of general circulation in the Philippines.

(SGD.) TEODORO G. BONIFACIOAdministrator

Approved:

(SGD.) SEDFREY A. ORDOÑEZSecretary of Justice