PRESIDENTIAL DECREE No.

1529

AMENDING AND CODIFYING THE LAWS RELATIVE TO REGISTRATION OF

PROPERTY AND FOR OTHER PURPOSES

CHAPTER X
PETITIONS AND ACTIONS AFTER ORIGINAL REGISTRATION

Section 109. Notice and replacement of lost duplicate certificate. In case of loss or theft
of an owner's duplicate certificate of title, due notice under oath shall be sent by the
owner or by someone in his behalf to the Register of Deeds of the province or city
where the land lies as soon as the loss or theft is discovered. If a duplicate certificate is
lost or destroyed, or cannot be produced by a person applying for the entry of a new
certificate to him or for the registration of any instrument, a sworn statement of the fact
of such loss or destruction may be filed by the registered owner or other person in
interest and registered.

Upon the petition of the registered owner or other person in interest, the court may, after
notice and due hearing, direct the issuance of a new duplicate certificate, which shall
contain a memorandum of the fact that it is issued in place of the lost duplicate
certificate, but shall in all respects be entitled to like faith and credit as the original
duplicate, and shall thereafter be regarded as such for all purposes of this decree.

Section 110. Reconstitution of lost or destroyed original of Torrens title. Original copies
of certificates of title lost or destroyed in the offices of Register of Deeds as well as liens
and encumbrances affecting the lands covered by such titles shall be reconstituted
judicially in accordance with the procedure prescribed in Republic Act No. 26 insofar as
not inconsistent with this Decree. The procedure relative to administrative reconstitution
of lost or destroyed certificate prescribed in said Act is hereby abrogated.

Notice of all hearings of the petition for judicial reconstitution shall be given to the
Register of Deeds of the place where the land is situated and to the Commissioner of
Land Registration. No order or judgment ordering the reconstitution of a certificate of
title shall become final until the lapse of thirty days from receipt by the Register of
Deeds and by the Commissioner of Land Registration of a notice of such order or
judgment without any appeal having been filed by any of such officials.
 PRESIDENTIAL DECREE No. 1529

AMENDING AND CODIFYING THE LAWS RELATIVE TO REGISTRATION OF

PROPERTY AND FOR OTHER PURPOSES

Section 70. Adverse claim. Whoever claims any part or interest in registered land
adverse to the registered owner, arising subsequent to the date of the original
registration, may, if no other provision is made in this Decree for registering the same,
make a statement in writing setting forth fully his alleged right or interest, and how or
under whom acquired, a reference to the number of the certificate of title of the
registered owner, the name of the registered owner, and a description of the land in
which the right or interest is claimed.

The statement shall be signed and sworn to, and shall state the adverse claimant's
residence, and a place at which all notices may be served upon him. This statement
shall be entitled to registration as an adverse claim on the certificate of title. The
adverse claim shall be effective for a period of thirty days from the date of registration.
After the lapse of said period, the annotation of adverse claim may be canceled upon
filing of a verified petition therefor by the party in interest: Provided, however, that after
cancellation, no second adverse claim based on the same ground shall be registered by
the same claimant.

Before the lapse of thirty days aforesaid, any party in interest may file a petition in the
Court of First Instance where the land is situated for the cancellation of the adverse
claim, and the court shall grant a speedy hearing upon the question of the validity of
such adverse claim, and shall render judgment as may be just and equitable. If the
adverse claim is adjudged to be invalid, the registration thereof shall be ordered
canceled. If, in any case, the court, after notice and hearing, shall find that the adverse
claim thus registered was frivolous, it may fine the claimant in an amount not less than
one thousand pesos nor more than five thousand pesos, in its discretion. Before the
lapse of thirty days, the claimant may withdraw his adverse claim by filing with the
Register of Deeds a sworn petition to that effect.