Process (Reconstitution)

In Republic v.
Holazo, the Supreme Court held that reconstitution, which is either

judicial or administrative in nature, denotes a restoration of the instrument which is
supposed to have been lost or destroyed in its original form or condition.
Its purpose is to have the title or any document reproduced, after observing the
procedure prescribed by law, in the same form they were when the loss or destruction
occurred.
The filing of a petition initiates the proceedings for judicial reconstitution of a title.
Such a petition is mandated to prove that: (a) the title sought to be reconstituted
has either been lost or destroyed; and (b) at the time of said loss or destruction, the
petitioner is the registered owner of the property covered by the title.
Section 2 of Republic Act No. 26 states that original certificates of title shall be
reconstituted from the following sources, in this order:
a) the owner’s duplicate of the certificate of title;

b) the co-owner’s, mortgagee’s, or lessee’s duplicate of the said certificates;
c) certified copy of such certificate, previously issued by the Register of Deeds
or by a legal custodian thereof;
d) authenticated copy of the decree of registration or patent as the case may
be, which was the basis of the certificate of title;
e) deed or mortgage, lease or encumbrance containing the description of the
property covered by said title, and on file with the Register of Deeds, or an
authenticated copy thereof indicating that its original had been registered;
and
f) any other document which, in the judgment of the court, is sufficient and
proper basis for reconstitution.
Meanwhile transfer certificates of title (TCTs) shall be reconstituted from the same
sources, and in the same order, except that a deed of transfer or other document
containing description of the property covered by the TCT and on file with the Registry
of Deeds, or an authenticated copy thereof indicating that its original had been
registered and pursuant to which the lost or destroyed certificate of title was issued, is
sufficient instead of the authenticated copy of the decree of registration or patent
required for the reconstitution of an original certificate of title.
A petition for judicial reconstitution shall be filed in the proper Regional Trial Court
by the registered owner, his assigns, or any person having an interest in the property.
Said petition shall allege the following: (a) that the 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 building or improvements, if any, which do not belong to the owner of
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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 of all persons who may
have 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.
After the filing of a petition for judicial reconstitution of title, the Regional Trial Court
(RTC) shall issue a notice thereof, which shall state, among others: (a) the number of
the lost or destroyed certificate of title, if known; (b) the name of the registered owner;
(c) the names of the occupants or persons in possession n of the property; (d) the
owners of adjoining properties and all other interested parties; (e) the location, area
and boundaries of the property; and (f) date on which all persons having interest therein
must appear and file their claim or objections to the petition..
Within 30 days before the date of hearing, the RTC shall cause said notice to be:
(a) published twice in successive issues of the Official Gazette, at petitioner’s expense;
(b) posted on the main entrance of the provincial building and of the municipal building
of the municipality or city in which the property is situated; and (c) sent by registered
mail or otherwise, at petitioner’s expense, to every person named in said notice.
In a long line of cases, the Supreme Court held that the requirements on the
contents of said petition and the publication, posting and sending by mail of the
abovementioned notice, are mandatory and jurisdictional. Failure to comply with these
requirements will render the judicial reconstitution proceedings void.
Moreover, trial courts should exercise extreme caution in granting petitions for
reconstitution of title because proceedings thereon may be misused as means of
divesting individuals of the titles to their property.
Meanwhile, Republic Act No. 6732 provides for the administrative reconstitution of
lost or destroyed certificate of title, which may only be availed of: (a) in case of
substantial loss or destruction of land titles due to fire, flood, or other force majeure as
determined by the Land Registration Authority (LRA) Administrator; (b) when the
number of certificates of titles lost or damaged should be at least 10 percent of the total
number in the possession of the Office of the Register of Deeds; and (c) when the
number of titles lost or damaged is more than or equal to 500.
Administrative reconstitution of title may be based on the: (a) owner’s duplicate of

the certificate of title; and (b) co-owner’s, mortgagee’s, or lessee’s duplicate of said
certificate.
In its Circular No. 13 dated July 26, 1989, the LRA requires that the petition for
administrative reconstitution of title shall state, among others: (a) petitioner’s full name,
address and other personal circumstances; (b) the nature of his interest in the property;
and (c) the title number of the certificate of title sought to be reconstituted.
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Said petition shall be accompanied with three clear and legible photocopies of the
owner’s or co-owner’s duplicate of the certificate of title and the registered owner’s
affidavit, stating that: (a) 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 whether the registration of such
deed or instrument is still pending accomplishment; (b) the owner’s duplicate certificate
or co-owner’s duplicate is in due form without any apparent intentional alterations or
erasures; (c) the certificate of title is not the subject of litigation or investigation,
administrative or judicial, regarding its genuineness or due execution or issuance; (d)
the certificate of title was in full force and effect at the time it was lost or destroyed; (e)
the certificate of title is covered by a declaration regularly issued by the Assessor’s
Office; and (f) real estate taxes have been fully paid up to at least two years prior to the
filing of said petition.
If the petition were based on the co-owner’s or mortgagee’s duplicate of the

certificate of title, the petitioner shall state, in addition to the above-mentioned contents,
that the owner’s duplicate has been lost or destroyed and the circumstances under
which it was lost or destroyed.
Said petition may be filed with the Register of Deeds concerned by the registered
owner, his assigns, or other persons, both natural and juridical, having an interest in the
property. Thereafter, the Register of Deeds shall forward the petition and its
accompanying documents, together with its comments, if any, to the Reconstituting
Officer, whose order of reconstitution, however, may be reviewed, revised, reversed, or
modified by the LRA upon appeal.
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In Republic v.

Holazo, the Supreme Court held that reconstitution, which is either

a) the owner’s duplicate of the certificate of title;

Administrative reconstitution of title may be based on the: (a) owner’s duplicate of

If the petition were based on the co-owner’s or mortgagee’s duplicate of the

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