ISSUANCE OF TITLE RE- LOST OF RECONSTITUTION OF CANCELLATION OF TITLE
PD1529 ISSUANCE TITLE TITLE
OF TITLE
1. Republic Act 26 provides for special procedure for
the reconstitution of torrens certificate of title that are
missing and not fictitious titles which are existing.
Where a certificate of title over a parcel of land was
reconstituted judicially and later it was found that
there existed a previous certificate of title covering
the same land in the name of another person, the
court ruled that the existence of the prior title ipso
facto nullified the reconstitution proceedings
Reconstitution of certificate of title is the restoration
of the instrument which is supposed to have been
lost or destroyed in its original form and condition,
under the custody of the Register of Deeds.
What are the kinds of reconstitution of certificate of
title?
1. Judicial reconstitution which partakes the nature of
a land registration proceeding in rem. As PD 1529
states:
Section 2. Nature of registration proceedings;
jurisdiction of courts. Judicial proceedings for the
registration of lands throughout the Philippines shall
be in rem and shall be based on the generally
accepted principles underlying the Torrens system.
2. Administrative reconstitution which may be availed
of only in case of:
a) Substantial loss or destruction of the original land
titles due to fire, flood, or other force majeure as
determined by the Administrator of the Land
Registration Authority;
b) The number of certificates of title lost or damaged
should be at least 10% of the total number in the
possession of the Office of the Register of Deeds;
c) In no case shall the number of Certificates of title
lost or damaged be less than 500; and
d) The Petitioner must have the duplicate copy of the
certificate of Title. (RA 6732)
2. WHO MAY APPLY Who may apply. The Requirement:
following persons may Jurisprudence prescribed the requirements to
file in the proper Court warrant the order of reconstitution, namely: (a) that
of First Instance an the certificate of title had been lost or destroyed; (b)
application for that the documents presented by petitioner are
registration of title to sufficient and proper to warrant reconstitution of the
land, whether lost or destroyed certificate of title; (c) that the
personally or through petitioner is the registered owner of the property or
their duly authorized had an interest therein; (d) that the certificate of title
representatives: was in force at the time it was lost or destroyed; and
(e) that the description, area and boundaries of the
(1) Those who property are substantially the same and those
by themselves contained in the lost or destroyed certificate of
or through title. 15 The respondents failed to meet these
their requisites.
predecessors-
in-interest
have been in
open,
continuous,
exclusive and
notorious
possession
and
occupation of
alienable and
disposable
lands of the
public domain
under a bona
fide claim of
ownership
since June 12,
1945, or
earlier.
(2) Those who
have acquired
ownership of
private lands
by prescription
under the
provision of
existing laws.
(3) Those who
have acquired
ownership of
private lands
or abandoned
river beds by
right of
accession or
accretion
under the
existing laws.
(4) Those who
have acquired
ownership of
land in any
other manner
provided for by
law.
Where the land is
owned in common, all
the co-owners shall file
the application jointly.
Section 23. Notice of
To be published twice, at the expense of the
initial hearing,
publication, petitioner, in successive issues of the Official
Gazette
The court shall, within 2. To be posted on the main entrance of the
five days from filing of
the application, issue provincial building and of the municipal building of
an order setting the the municipality or city in which the land is situated
date and hour of the
initial hearing which 3. Copy of the notice to be sent by registered mail or
shall not be earlier otherwise, at the expense of the petitioner, to every
than forty-five days nor
later than ninety days person named therein whose address is known,
from the date of the within 30 days prior the date of hearing
order.
The public shall be
given notice of the
initial hearing of the
application for land
registration by means
of (1) publication; (2)
mailing; and (3)
posting.
neither does the tax declaration submitted support
Marcelino's cause. A tax declaration can only
be prima facie evidence of claim of ownership,
which, however, is not the issue in a reconstitution
proceeding. A reconstitution of title does not pass
upon the ownership of the land covered by the lost or
destroyed title but merely determines whether a re-
issuance of such title is proper.27 At most, the tax
declaration is merely a prima facie evidence that the
subject land has been declared for taxation purposes
by Marcelino.
November 20, 2017
G.R. No. 195726
MARCELINO DELA PAZ, Petitioner
vs.
REPUBLIC OF THE PHILIPPINES, Respondent
G.R. No. 209385
REPUBLIC OF THE PHILIPPINES, Petitioner
vs.
SALUD ABALOS and JUSTINA CLARISSA P.
MAMARIL, Respondents
une 5, 2017
G.R. No. 208450
SPS. ROBERTO ABOITIZ AND MARIA CRISTINA
CABARRUS, Petitioners
vs.
SPS. PETER L. PO AND VICTORIA L. PO,
Respondents
x-----------------------x
G.R. No. 208497
SPS. PETER L. PO AND VICTORIA L.
PO, Petitioners,
vs.
SPS. ROBERTO ABOITIZ AND MARIA CRISTINA
CABARRUS, JOSE MARIA MORAZA, AND
ERNESTO ABOITIZ AND ISABEL
ABOITIZ, Respondents
