Reconstitution of Title in the Philippines: A Guide

As a property owner, losing a land title, whether due to fire, natural disasters, mishandling, or other unintentional circumstances, is complicated because the absence of an original title can create legal uncertainty. One issue is that it complicates proving ownership, making it challenging to transfer ownership if you intend to sell your property.

Fortunately, the Philippine legal system provides a way where you can restore lost or destroyed land titles through the process of reconstitution. It is important to understand as a property owner the legal framework, requirements, and steps that are involved when reconstituting title in the Philippines.

In this article, you will learn everything you need to know and make it simple to understand, including the administrative and judicial reconstitution.

What is the Petition of Reconstitution of Title?

In the Philippines, the Registry of Deeds or RD issues two (2) copies of land title when you acquire property. The RD will issue you an Owner’s Title or Land Title as your personal copy. While the RD will have the other copy, which is the Original Certificate of Title. These two documents serve as proof of your ownership of the property.

If one of these copies were lost or destroyed, it may cause legal problems where other people may claim or worse sell your property due to the absence of title. Moreover, without a copy of the title, it is challenging for you to secure loans from banks, attract investors, or sell your property to buyers.

Financial institutions and potential buyers require a valid title as proof of ownership before the transaction proceeds. Some buyers will often go to the RD with your photocopied Owner’s Title to verify your ownership through the RD’s copy, this process is called due diligence.

Fortunately, you can request a new copy of your title in the process of reconstitution. Under the Republic Act No. 26, An Act Providing A Special Procedure For The Reconstitution or Torrens Certificates of Title Lost Or Destroyed, reconstitution of title is a legal process that aims to restore or reissue an original certificate of title (OCT) or transfer certificate of title (TCT) that has been lost or destroyed due to fire, flood, or other unforeseen circumstances.

Lost and damaged TCT or OCT

Grounds for Reconstitution of Title

Reconstitution of title may be necessary in the following situations:

Calamities and Natural Disasters – When a title is lost or destroyed due to fire, earthquake, flood, or other natural disasters.
Accidental Loss or Misplacement – If the title has been lost or misplaced over time.
Theft or Unauthorized Disposal – When a land title is stolen or unlawfully disposed of.
Destruction of Government Records – If the original record of the title in the Registry of Deeds has been damaged or destroyed.

Petition for Administrative Reconstitution of Title

Administrative reconstitution of title is a process where you can apply for a reissue of your title in Registry of Deeds on your own. This usually applicable when the Registry has suffered a natural catastrophe such as fire or flood.

Republic Act No. 6732 under Section 1 states that the administrative reconstitution may only be availed when at least ten percent (10%) of the total number of registered titles in a given registry or for at least 500 land titles have been lost or destroyed.

In addition, one of its requirements is that you have to present your Owner’s or Co-owner’s, mortgagee’s, or lessee’s duplicate copy of the Certificate of Title. And you need to check if the Registry of Deeds that has jurisdiction of your property allows the administrative reconstitution of title.

Without the document or if the RD where your property is located doesn’t allow the administrative reconstitution, then you are going to process this through court.

Steps in Administrative Reconstitution of Title

Verify if the Registry of Deeds in your location has permitted administrative reconstitution due to widespread title loss.
The Registry of Deeds verifies the loss or destruction of the titles.
Submit your petition to the relevant Registry of Deeds and await confirmation of your submission.
A notice of reconstitution is published in a newspaper of general circulation.
If there are no objections, the Register of Deeds issues the reconstituted or new title.

Petition for Judicial Reconstitution of Title

Judicial reconstitution is applied when the title has been lost, destroyed, or is otherwise not recoverable through administrative means. This process is filed in the Regional Trial Court (RTC) where the property is located.

Steps in Judicial Reconstitution of Title

Filing of Petition – The property owner or authorized party files a petition before the RTC.
Publication and Posting of Notice – The notice must be published in the Official Gazette and a newspaper of general circulation once a week for two consecutive weeks.
Court Hearing – A hearing is conducted, allowing interested parties to object or present claims.
Court Decision – If the petition is granted, the RTC issues an order directing the Registry of Deeds to reconstitute the title.
Issuance of the Reconstituted Title – The Registry of Deeds issues the reconstituted title with the proper court annotations.

Common Requirements for Reconstitution of Title

To file for reconstitution, the petitioner must present evidence supporting the claim. The following documents are commonly required:

Affidavit of Loss – A sworn statement explaining the circumstances of the lost or destroyed title.
Certified True Copy of the Title – If available, from the Registry of Deeds or Land Registration Authority (LRA).
Survey Plan and Technical Description – Issued by the Department of Environment and Natural Resources (DENR).
Tax Declaration and Tax Clearance – To prove payment of real property taxes.
Certification from the Registry of Deeds – Stating that the original title is missing or destroyed.
Other Relevant Evidence – Such as deeds of sale, mortgage contracts, or court decisions establishing ownership.

Why Do You Need FileDocsPhil Assistance?

Given the complexity of reconstituting a title, it is advisable to seek the assistance of lawyers in the Philippines or a professional service provider like FileDocsPhil, in coordination with Duran & Duran-Schulze Law Firm, to ensure that all legal requirements are met.

Let FileDocsPhil Do the Work!

Need further information and assistance in the Reconstitution of Title? Talk to our team at FILEDOCSPHIL to know more about the requirements and process. Call us today at (+63) 917 149 2337 or send an email to info@filedocsphil.com for more information or simply message us through the live chat for more information.