3/6/2018 Attorney-At-Law Journal: TITLE RECONSTITUTION

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Attorney-At-Law Journal
Sunday, March 27, 2016

TITLE RECONSTITUTION

The reconstitution of a certificate of title denotes restoration in the original form and
condition of a lost or destroyed instrument attesting the title of a person to a piece of
land. The purpose of the reconstitution of title is to have, after observing the procedures
prescribed by law, the title reproduced in exactly the same way it has been when the
loss or destruction occurred. (Republic v. Tuastumban, G.R. No. 173210, April 24, 2009, 586
SCRA 600, 614)

Under property laws, there are two methods of reconstitution of title: 1. Judicial
Reconstitution ( RA 26) and 2. Administrative Reconstitution (RA 6732). 

The Judicial Reconstitution requires the filing of a Petition in the proper Regional Trial ABOUT ME
Court where the property is located which shall state, among other things, the following:
Pia Dagdagan
(a) that the owner's or co-owner’s duplicate of the certificate Follow 68

of title had been lost or destroyed; Knowledge of the law is mean

shared... to inform and to edu
(b) that no co-owner's mortgagee's or lessee's duplicate had public. Lawyers have this moral and social res
been issued, or, if any had been issued, the same had been lost or to assist the public about laws and assist in de
destroyed; legal matters in their everyday living.

(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;
I am sharing to you especially to students and
professionals some of the legal forms I have p
some notes I used in the practice of law for R
ONLY.
DISCLAIMER

(e) the names and addresses of the occupants or persons in All information and legal forms found in this si
possession of the property, of the owners of the adjoining properties and all general information only and should not be re
legal advice neither a substitute for consulting
persons who may have any interest in the property; given subject matter.

(f) a detailed description of the encumbrances, if any, By accessing this site, there is no attorney-clie
relationship or agency created. Any legal info
affecting the property; and
posted should not be treated as legal ADVIC

(g)  a statement that no deeds or other instruments affecting Any legal information or sample legal forms fo
the property have been presented for registration, or, if there be any, the site are for GENERAL INFORMATION only an
registration thereof has not been accomplished, as yet. All the documents, used as an alternative or substitute for compe
or authenticated copies thereof, to be introduced in evidence in support of advice from a member of the Philippine Bar.

the petition for reconstitution shall be attached thereto and filed with the View my complete profile

same (Section 12, RA 26).

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The notice of the petition must also be published twice in successive issues in the
Official Gazette, posted on the main entrance of the provincial and municipal building in Pia Dagdagan

which the land is situated, at least thirty (30) days prior to the date of hearing. The Court Add to circles
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,
the number of the lost or destroyed certificate of title, if known, the name of the registered
owner, the names of the occupants or persons in possession of the property, the owners
of the adjoining properties and all other interested parties, the location, area and
boundaries of the property, and 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. (Section 13, R.A. No. 26).
68 have me in circles

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3/6/2018 Attorney-At-Law Journal: TITLE RECONSTITUTION

The petition shall be accompanied with the necessary sources for reconstitution and
with an affidavit of the registered owner stating, among other things, that no deed or Labels
other instrument affecting the property had been presented for registration, or, if there be
1987 Philippine Constitution
any, the nature thereof, the date of its presentation, as well as the names of the parties,
and whatever the registration of such deed or instrument is still pending accomplishment. 2016 HOLIDAYS
(Section 5, RA 26) Affidavit of Being Single

Attachments to the Petition may include Certified True Copy of title sought to be Affidavit of Abandonment

reconstituted, Affidavit of Loss, Certificate of No Claim issued by the Registry of Deeds Affidavit of Claim Against Insurance Company
concerned, Tax  Declaration covering the subject property and Tax Clearance. (See Affidavit of No Improvement
Sample Petition for the Issuance of Second Owner’s Duplicate Copy)
Affidavit of Quitclaim
On the other hand, Administrative Reconstitution may be availed of only in case of Affidavit of Support and Consent
substantial loss or destruction of land titles due to fire, flood or other force majeure as
Affidavit of Two Disinterested Persons
determined by the Administrator of the Land Registration Authority: Provided, That the
number of certificates of titles lost or damaged should be at least ten percent (10%) of the Affidavit of Whereabouts

total number in the possession of the Office of the Register of Deeds: Provided, further, Affidavit to use the Surname of the Father
That in no case shall the number of certificates of titles lost or damaged be less than five Authority To Sell
hundred (500).
Bar Planner
"Notice of all hearings of the petition for judicial reconstitution shall be furnished the certified true copy of titles
Register of Deeds of the place where the land is situated and to the Administrator of the Compromise Agreement
Land Registration Authority. No order or judgment ordering the reconstitution of a
Contractual Employees/Job Order vs Casual
certificate of title shall become final until the lapse of fifteen (15) days from receipt by the Civil Service
Register of Deeds and by the Administrator of the Land Registration Authority of a notice
Daily Bar Planner
of such order or judgment without any appeal having been filed by any such officials."
(Section 1, RA 6732) Deed of Donation

Deed of Sale of Motor Vehicle

When reconstitution is ordered, this document is replaced with a new one—the
Eat Pray Love
reconstituted title—that basically reproduces the original. After the reconstitution, the
owner is issued a duplicate copy of the  reconstituted  title. This is specifically provided Elizabeth Gilbert

under Section 16 of Republic Act No. 26,  An Act Providing a Special Procedure for Facebook Privacy
the Reconstitution of Torrens Certificates of Title Lost or Destroyed, which states: fake titles

Sec. 16.  After the reconstitution of a certificate of title under the Filipinas
provisions of this Act, the register of deeds shall issue the Foreign Literatures on the Legal bases of Zon
corresponding owner's duplicate and the additional copies of said
genuine titles
certificates of title, if any had been previously issued, where such
owner's duplicate and/or additional copies have been destroyed Jurisdictional Requisites for Judicial Titling

or lost. This fact shall be noted on the reconstituted certificate of lands exempt from CARP
title. (Emphasis Supplied) laws related to zoning ordinance

Legal Bases of Zoning Ordinance

Love
References: Love One
1. Republic of the Philippines v. Tuastumban, G.R. No. 173210, April Mandy Hale
24, 2009;
Minimum Daily Wage Rate in the Philippines
2. Republic of the Philippines vs. De Dios G.R. No. 170459, February
Moonlighting by Public Officer

9, 2011; and Moving on

3.     Republic Act No. 26, S.1946 My Journey to the Bar

Notarial Cancellation of the Contract to Sell

4.     Republic Act 6732 S. 1989
Notice to Vacate after Redemption Period

Original Land Registration Jurisdictional Requ

Posted by Pia Dagdagan at 9:00 AM
Passed Away
Labels: Reconstitution
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