What does Reconstitution of Title mean and what needs to be done to get a new Title ?
I currently am servicing a client who lives abroad and upon an receipt of an acceptable offer on a house and lot they are selling from a BUYER, we had to furnish the BUYER with the required documents for their DUE DILIGENCE such as :
1) Certified True Copy of Title
2) Certified True Copy of Tax Declaration ( land and improvement, if applicable )
3) Tax Clearance
4) Certificate Authorizing Registration ( from original purchase of property, if applicable as the Bureau of Internal Revenue started issuing CAR during the mid 80’s.
It was only then realized by the SELLER that they had lost their Owner’s Duplicate copy of the Transfer Certificate of Title but the Register of Deeds had a copy. So what needs to be done ?
There are two modes for reconstitution of title, to wit: judicial and administrative. The judicial mode is the general mode which is applicable to all cases of reconstitution. 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). Upon submission of the petition, the proper court will now raffle the case ( when and who the judge will be ). 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).
The other mode, which is the administrative means of reconstitution of title will only require filing a petition with the concerned Register of Deeds. However, this mode may only be availed of 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, where 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, and the number of certificates of titles lost or damaged be at least five hundred (Section 110, PD No. 1529 as amended by RA No. 6732). In addition, the petitioner must present the owner’s duplicate of the certificate of title; or the co-owner’s, mortgagee’s, or lessee’s duplicate of the certificate of title, if any, to support his petition (Section 5, RA No. 26 as amended by RA No. 6732). All these conditions must be present. If not, then the petitioner must resort to judicial reconstitution of title.
As you can see, the procedure for administrative reconstitution of title is simpler compared to judicial reconstitution. Hence, if allowed under the circumstances, it is advisable to take this mode. However, you have to inquire first with the Registry of Deeds where the land you inherited is registered concerning the circumstances surrounding the loss of the original title kept under their custody. Please take note also that you have to present the duplicate certificate of title issued to your parents if you opt for administrative reconstitution.
Hope this clarifies this issue and of course, it’s always best to consult a LAWYER that’s knowledgeable on REAL ESTATE PROCEDURES.
thanks and a Blessed Day to All …
Robert G. Sarmiento Properties
Professional Affiliation :
Real Estate Broker’s Association of the Philippines
President, Greenhills Chapter 2008-2009
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