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 Court where the
property is located which shall state, among other things, the following:

(a) that the owner's or co-owner’s duplicate of the certificate

of title had been lost or destroyed;

(b) that no co-owner's mortgagee's or lessee's duplicate had

been issued, or, if any had been issued, the same had been lost or destroyed;

(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;

(e) 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;

(f) a detailed description of the encumbrances, if any,

affecting the property; and

(g) a statement that no deeds or other instruments affecting

the property have been presented for registration, or, if there be any, the registration thereof has not
been accomplished, as yet. All the documents, or authenticated copies thereof, to be introduced in
evidence in support of the petition for reconstitution shall be attached thereto and filed with the same
(Section 12, RA 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, at
least thirty (30) days prior to the date of hearing. The Court 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).

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 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 whatever the registration of such deed or
instrument is still pending accomplishment. (Section 5, RA 26)

Attachments to the Petition may include Certified True Copy of title sought to be reconstituted, Affidavit
of Loss, Certificate of No Claim issued by the Registry of Deeds concerned, Tax Declaration covering the
subject property and Tax Clearance. (See Sample Petition for the Issuance of Second Owner’s Duplicate
Copy)

On the other hand, Administrative Reconstitution may be availed of only in case of substantial loss or
destruction of land titles due to fire, flood or other force majeure as 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 total number in the possession of the Office of the Register
of Deeds: Provided, further, That in no case shall the number of certificates of titles lost or damaged be
less than five hundred (500).

"Notice of all hearings of the petition for judicial reconstitution shall be furnished the Register of Deeds
of the place where the land is situated and to the Administrator of the Land Registration Authority. No
order or judgment ordering the reconstitution of a certificate of title shall become final until the lapse of
fifteen (15) days from receipt by the Register of Deeds and by the Administrator of the Land Registration
Authority of a notice of such order or judgment without any appeal having been filed by any such
officials." (Section 1, RA 6732)

When reconstitution is ordered, this document is replaced with a new one—the 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 under Section 16 of Republic Act No. 26, An Act
Providing a Special Procedure for the Reconstitution of Torrens Certificates of Title Lost or Destroyed,
which states:

Sec. 16. After the reconstitution of a certificate of title under the provisions of this Act, the register of
deeds shall issue the corresponding owner's duplicate and the additional copies of said certificates of
title, if any had been previously issued, where such owner's duplicate and/or additional copies have
been destroyed or lost. This fact shall be noted on the reconstituted certificate of title. (Emphasis
Supplied)

References:
1. Republic of the Philippines v. Tuastumban, G.R. No. 173210, April 24, 2009;
2. Republic of the Philippines vs. De Dios G.R. No. 170459, February 9, 2011; and
3. Republic Act No. 26, S.1946
4. Republic Act 6732 S. 1989