Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 2

It requires filing a petition in the proper Regional Trial Court which shall

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).

WHERE TO FILE PETITION; CONTENTS

> 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

> Contents shall be as followed—


1. That the owner’s duplicate had been lost or destroyed
2. That no co-owner’s, mortgagee’s, lessee’s, duplicate had been issued
or, if any had been issued, the same had been lost or destroyed
3. The location, area and boundaries of the property
4. The nature and description of the buildings or improvements, if any,
which don’t belong to the owner of the land, and the names and
addresses of the owners of such buildings or improvements
5. 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
6. A detailed description of the encumbrances if any, affecting the
property
7. A statement that no deeds or other instruments affecting the property
have been presented for registration, or if there be any, the registration
thereof hasn’t been accomplished, as yet
REQUIREMENTS OF NOTICE BY PUBLICATION, POSTING
AND MAILING

1. To be published twice, at the expense of the petitioner, in successive


issues of the Official Gazette
2. 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
3. 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, within 30 days prior the date of hearing

> 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.

You might also like