Natural disasters and unforeseen accidents can unfortunately lead to the destruction of not only physical properties but also important documents held within civil registries and government offices. However, despite such losses, you can restore your documents or records through reconstitution. This process provides a pathway to recover official documentation that may have been lost or destroyed due to circumstances beyond control.
What is Reconstitution of Title?
Reconstitution is the restoration of the original document that has been lost or destroyed in the care of the Land Registration Authority (LRA) and Registry of Deeds (ROD) due to natural disasters, error, and other factors.
Difference between Administrative Reconstitution and Judicial Reconstitution of Title
Administrative reconstitution is filed in the Registry of Deeds where your property is located. It can be filed in case of substantial loss or destruction of original land title due to fire, flood, or other force majeure as specified by the Administrator of the Land Registration Authority (LRA). Specifically, administrative reconstitution applies when at least ten percent (10%) of the total number of titles in the Registry of Deeds has been lost or destroyed, with a minimum of five hundred (500) but at least ten percent (10%) thereof has been lost or destroyed.
On the other hand, if the conditions for administrative reconstitution are not met, or if you do not possess the necessary documents for administrative reconstitution, then you must go through the court or file for judicial reconstitution.
Requirements for Reconstitution of Title
Reconstitution of land title in the Philippines has different legal requirements, depending on the applicable process to your situation.
Administrative Reconstitution of Title
The following documents are required for administrative reconstitution of title:
Owner’s or co-owner’s duplicate copy of land title, and certified copy by the Registry of Deeds
Signed and notarized copy of the Petition and Affidavit of Loss
Latest copy of Tax Declaration and Tac Clearance on the property
Any document proving the petitioner’s interest in the property identified in the title
Note that the tax declaration and tax clearance for improvement are required. In all other cases, the tax declaration and tax clearance of the loss covered in the title must be provided.
Judicial Reconstitution of Title
The following documents are generally required for judicial reconstitution of title, if both the original Registry of Dees’ copy and the owner’s duplicate copy of title has been lost or damaged:
Signed copy of the Petition
Latest copy of Tax Declaration
Latest copy of Tax Clearance
Certification from the Register of Deeds concerned that the original of the certificate of title in the Registry was either lost or destroyed
Original, duplicate copy and photocopy of the original technical description of the parcel of land covered by the lost or destroyed Certificate of Title, certified by the authorized officer of the Land Registration Authority/Lands Management Bureau
Certified copy of lot data or area computation prepared by a duly licensed Geodetic Engineer
Sepia Film Plan with print copies of the subject parcel of land prepared by duly licensed Geodetic Engineer who shall certify thereon that its preparation was made on the basis of a certified technical description
Additional documents
While the following documents are specifically required for judicial reconstitution of title, if only the office copy of title is lost or destroyed but the owner’s duplicate is existing:
Signed copy of the Petition
Certification from the Register of Deeds concerned that the original of the certificate of title in the Registry was either lost or destroyed
Owner’s copy of title duly certified by the clerk of court
Certified copy of the original of the certificate of the title previously issued by the Register of Deeds
Decree of Registration
Certification from Lands Management Bureau (LMB) that patent title was issued
Two (2) copies of the original and a photocopy of the technical description of the parcel of land covered by the lost/destroyed certificates of title certified by the authorized officer of the Land Registration Authority (LRA) or LMB
Certified copy of lot data computation or area computation prepared by a duly licensed Geodetic Engineer
Additional documents
How to Process Reconstitution of Title?
In the Philippines, the process of reconstitution has two ways:
Administrative Reconstitution of Title
Administrative reconstitution happens when you need to restore your lost or damaged owner’s duplicate land title without going to court, depending on your situation. To process, you must follow these procedures:
Consult with a Lawyer. Seek assistance from a lawyer to help you assess which reconstitution process is best for you. They can also help you file the application, prepare the required documents, and guide you through the process to ensure a successful outcome.
File the Petition for Administrative Reconstitution. You or your authorized representative must file the petition for reconstitution with the Land Registration Authority (LRA) where your property is located.
Publication and Posting of Notice. A notice of your petition should be published in a newspaper of general circulation for two (2) consecutive weeks. It should also be posted on the bulletin board of the municipal or city hall and on the property. This is to notify the public for the reconstitution proceedings.
Submit the Requirements. You will be required to submit documents to ensure the authenticity of the title.
Verification and Investigation. The LRA will verify the authenticity of the submitted documents and conduct an investigation to check the accuracy of your application.
LRA Decision. Wait for the LRA decision patiently as they evaluate your application and other submitted documents. This can take longer depending on the complexity of your case and workload of LRA. It is advisable to keep in touch with the LRA to stay updated about the progress of your application.
Issuance of Reconstituted Title. Once the LRA is done reviewing your application, they will issue the reconstituted title.
Judicial Reconstitution of Title
Judicial reconstitution is the legal process when you are required to go to court to restore your lost or destroyed land title, depending on your case. To process, you must follow these procedures:
Consult with a Lawyer. Seek assistance from a lawyer to help you assess which reconstitution process is best for your situation. They can help you file the application, prepare the required documents, and guide you through the process to ensure a successful outcome.
File a Petition for Judicial Reconstitution. File a petition for reconstitution of title with the Regional Trial Court where your property is located. Your lawyer can guide you on drafting and filing the petition to the court, and assess the evidence proving that you are the owner of the property.
Publication and Posting of Notice. A notice of your petition is required to be published in a newspaper of general circulation for two (2) consecutive weeks. It also needs to be posted on the bulletin board of the municipal or city hall of the place where the land is situated, at least thirty (30) days before the date of hearing. This is to notify the public of the reconstitution proceedings.
Attend Court Hearing. A court hearing will be conducted to verify the authenticity of the lost or damaged document and the presented evidence.
Testify in Court. The petitioner and other necessary will be required to attend the court to testify. Your lawyer will interview the witness and file a Judicial Affidavit to the court, which covers all the facts presented by your witness.
Court Decision. After attending the court hearing, wait for the court decision while they evaluate your petition, evidence and testification. This may take longer based on the complexity of your case and the court’s case load. Be sure to stay informed about the progress of your case.
Issuance of Reconstituted Title. Once the court is done reviewing your petition, evidence and testimony, a reconstituted title will be issued. If your petition has been denied, consult with your lawyer immediately to identify other legal options suitable for your case and to reach a successful resolution.
How Much Does Reconstitution of Title Cost?
Since judicial reconstitution is required to be filed by the court, its cost include court fees, lawyer’s fees, and other necessary fees. While administrative reconstitution is filed at the Registry of Deeds and may include filing fees, government fees, and lawyer’s fees if you will avail assistance from a lawyer.
How Long Does It Take to Process Reconstitution of Title?
The reconstitution of lost or destroyed land title usually takes several months or even longer, depending on the caseload of the court or workload of the Land Registration Authority (LRA) or court, complexity of your case, and completeness of the requirements.
What is the Difference between Reissuance and Reconstitution of Title?
Reconstitution of title is when the original copy of the land title from the Registration Authority (LRA) and Registry of Deeds (ROD) has been lost or destroyed, which is more complex than the reissuance. Meanwhile, reissuance of title happens when the owner’s duplicate copy of your title has been lost or destroyed, but the Land LRA and ROD still have the original certificate of title on file.
Why is Reconstitution Necessary to Restore a Lost or Destroyed Land Title?
The reconstitution of a lost or destroyed land title is an essential process to protect your valuable assets and recognize ownership rights. Without a valid and existing land title, you may face legal and practical challenges.
Proof of Ownership. A land title provides a clear and documented history of the property and even the owner’s details. In the event of disputes or conflicting claims, the title serves as the primary evidence of ownership. Without it, proving ownership becomes significantly more complex.
Transactions. A land title is the most important requirement if you are going to sell, inherit, donate or mortgage your property. A missing or destroyed title freezes the property’s marketability, prevents you from leveraging your asset for financial gain, secure loans, or pass it to heirs smoothly.
Prevent Fraudulent Activities. Without a land title, you are at risk of fraudulent claims. Individuals might try to assert ownership, aware that the original title from the Registry of Deeds or Land Registration Authority is gone. Reconstitution of title is a legal process to secure your rights against such threats.
Need further information and assistance regarding Reconstitution of Land Title? Talk to our team at Duran & Duran-Schulze Law in BGC, Metro Manila, Philippines to know more about the requirements and process. Call us today at (+632) 8478 5826 or +63 917 194 0482, or send an email to info@duranschulze.com for more information.
