Wednesday, June 8, 2016

How to reconstitute or replace lost/destroyed Land Titles

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Reconstitution of Land Titles Under the Republic Act No. 26 as Amended by R.A 6732 Administrative Reconstitution

This is the flowchart of the reconstitution of land titles because there were cases where land titles were lost due to natural calamities such as floods, fires, etc.

reconstitute or replace lost/destroyed land titles: Judicial reconstitution flowchart
Judicial reconstitution flowchart from
Judicial Reconstitution
There are cases where the titles in the Registry of Deeds got lost or destroyed but there were no administrative reconstitution was determined to be inexorable, they need to undergo judicial reconstitution.
Yes, reconstitution of a title requires a bit of hard work and patience; it also needs a lot of time. The process could take months before it is fully complete, sometimes even years. What you need to prepare are legal documents, affixed certifications and clearances, and you need a good counsel to represent you in court hearings and proceedings.
This is a flowchart of judicial reconstitution, from ombudsman website.
reconstitute or replace lost/destroyed land titles: Administrative reconstitution flowchart
Administrative reconstitution flowchart from
If anyhow what you lost is the duplicate of the original owner’s land title, do not panic because it is not the end of the world. The original title might be in the Registry of Deeds or maybe it’s with the owner himself. Section 109 of PD 1529 discusses the procedure in getting a new duplicate of the original document.
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.
This is how you reconstitute or replace a lost or damaged land title (Original and duplicate.) Of course, it is better to just prevent a negative outcome from happening rather than curing it. Follow the guidelines I’ve stated above to ensure the completeness of your land title.
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