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Reconstitution of Title
Reconstitution of Title
state that the owner’s or co-owner’s duplicate 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 12, Republic Act (R.A.) No. 26).
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 which the land is situated, and sent
by registered mail or otherwise to all persons named in the petition
(Section 13, R.A. No. 26).
The petition must also be supported by any of the following: the owner’s
or co-owner’s duplicate of the certificate of title, certified copy of the
certificate of title, decree of registration/patent or deed of transfer on file
in the registry of deed, a mortgage, lease or encumbrance document
pertaining to the lot registered in the registry of deed, or any other
document which, in the judgment of the court, is sufficient and proper
basis for reconstitution of title (Sections 3 & 4, R.A. No. 26).
> Shall be filed by the registered owner, his assigns, or any person
having interest in the property with the proper RTC where the same is
based on sources enumerated earlier
> The jurisdiction of the court is hedged in the forewalls of the petition
and the published notice of hearing which define the subject matter of
the petition.