In your case, considering that the original of the certificate of title was destroyed by fire, the deed of

mortgage cannot be registered because the inscription of a memorandum required by law can no
longer be made. In order to register your mortgage, it is necessary to first restore the original of the
certificate of title through reconstitution.

Generally, reconstitution of title is undertaken by filing a petition in the proper Regional Trial Court
which shall state that the certificate of title had been lost or destroyed, if such be the fact, the
location, area and boundaries of the property, the names and addresses of all persons who have a
claim or encumbrance on the property together with a statement of their claims, and a statement that
no deeds or other instruments affecting the property have been registered (Section 110, PD No.
1529 in relation to Section 12, Republic Act (RA) No. 26).

You may, however, inquire with the Register of Deeds where the property is located if it is possible to
reconstitute the destroyed certificate of title through administrative means, that is, without filing a
petition in court. Administrative reconstitution of title is a special remedy provided by law in case of
substantial loss or destruction of land titles because of fire, flood or other force majeure as
determined by the Land Registration Authority (LRA).

It may be availed of where the number of certificates of titles lost or damaged is at least ten percent
(10 percent) of the total number in the possession of the Office of the Register of Deeds, and the
number of certificates of titles lost or damaged be at least five hundred (500) (Section 110, PD 1529
as amended by Republic Act 6732).
In either case, you may personally file the petition for reconstitution of title as both modes allow not
only the registered owner or his assigns, but also other persons having an interest in the property. A
person holding a mortgage on the property certainly has a lien or interest therein.
We hope you find the foregoing sufficient. Please bear in mind that this opinion is based on the facts
you presented and our appreciation of the same. Our opinion may vary if actual facts and
circumstances change.