Land Registration Circular No. 35

Category: Land Titles And Deeds

Land Registration Circular No. 35

COMPLIANCE WITH JURISDICTIONAL REQUIREMENTS IS MANDATORY

> The court doesn’t acquire jurisdiction to hear the petition

> It is not enough that there is publication in the Official Gazette only for there is a posting requirement also. Failure to comply will nullify the proceedings.

RECONSTITUTION IMPROPER WHERE IS NO TITLE TO BE RECONSTITUTED, OR WHERE THE ORIGINAL CERTIFICATE OF TITLE IN FACT EXISTS

> Sections 18 and 19 of Republic Act 26

ACTION OF THE COURT; RECONSTITUTION; WHEN MANDATORY

> If the court, after hearing, finds that the documents presented, as supported by parole evidence or otherwise, are sufficient, and proper to warrant the reconstitution of the lost or destroyed certificate of title, xxx an order for reconstitution shall be issued

> The clerk of court shall forward the order to the RD and all documents which, pursuant to said order, are to be used as basis of the reconstitution

> If the court finds that there is no sufficient evidence or basis to justify the reconstitution, the petition will be dismissed without prejudice to the right of the parties entitled thereto to file an application for confirmation of title

> Sections 15-17 of RA26

THE REGISTER OF DEEDS IS NOT A PROPER PARTY TO FILE THE PETITION

WRIT OF POSSESSION NOT PROPER IN A RECONSTITUTION PROCEEDING

COURTS ARE CAUTIONED IN GRANTING PETITIONS FOR RECONSTITUTION

ADMINISTRATIVE RECONSTITUTION

> Can only be availed of in case of substantial loss or destruction of land titles due to flood, fire or other force majeure as determined by the Administrator

> Provided that the titles lost or damages should at least be 10% of the total number in the possession of the office of the RD

> That in no case that the number of certificates of titles lost or damaged be less than 500

> Notice of all hearings of the petition for judicial reconstitution shall be furnished the Register of Deeds of the place where the land is situated and to the Administrator of the Land Registration Authority

> No judgment ordering the reconstitution shall be final until the lapse of 15 days from receipt by the RD and by the Administrator of the LRA of the notice of order or judgment without any appeal having been filed by any such officials

DUTY OF LAND REGISTRATION AUTHORITY TO PREPARE INVENTORY SOURCES OF RECONSTITUTION; CONTENTS OF PETITION

> Same sources as those enumerated in Republic Act 26

> Accompanied by an affidavit stating, among other things
o That no deed or other instrument affecting the property had been presented for registration, or if there be any, the names thereof, the date of its presentation, as well as the names of the parties, whether the registration of said deed or instrument is still pending accomplishment
o That the owner’s duplicate is not the subject of litigation or investigation, administrative or judicial, regarding the genuineness or due execution and issuance
o That the owner’s duplicate certificate or co-owner’s duplicate is in due form without any apparent intentional alterations or erasures
o That the certificate was in full force and effect at the time it was lost or destroyed
o That the certificate was covered by a tax declaration regularly issued by the Assessor’s office
o That real estate taxes have been fully paid up to at least 2 years prior to the filing of the petition for reconstitution

ACTION ON THE PETITION

> All reconstituted titles shall be reproduced by the LRA in at least 3 image copies or in whatever means by which the original can be reproduced, one copy to be kept by the LRA, the second copy to be kept by the National Library Archives Division, and the third copy to be secured in a government fire-proof vault, preferably in the Security Printing Plant of the Central Bank

> Such image copy of the original copy of the reconstituted title shall be considered after due authentication by the LRA, through the RD in the province or city where the land is located

> After reconstitution, said owner’s duplicate or co-owner’s duplicate exhibited as basis for the reconstitution shall be surrendered to the RD and a new certificate of title issued in lieu thereof, the original of which shall be kept by the RD and the owner’s duplicate delivered to the registered owner.

FUNCTION OF THE Land Registration Authority TO REVIEW AND ADJUDICATE

> LRA has jurisdiction to act on petitions for administrative reconstitution

> It has the power to review, revise, reverse, modify or affirm on appeal the decision of the reconstituting officer

> Function is adjudicatory in nature—it can properly deliberate on the validity of the titles subject of the reconstitution

REMEDY OF AGGRIEVED PARTY

> A reconstituted title obtained by means of fraud, deceit or other machination is void ab initio as against the party obtaining the same and all persons having knowledge thereof

> There are two remedies available—
o PETITION FOR REVIEW on the ground of fraud, accident, mistake, or excusable negligence filed with the proper court
o APPEAL FROM THE ORDER OF RECONSTITUTION to the LRA administrator