A land title is a legal document that proves the ownership of land or real estate property. It also protects the owner’s property rights, prevents disputes, and ensures the legal transfer of ownership. If the owner loses their land title due to natural disasters, theft, or mere misplacement, they are required to replace it through reconstitution or reissuance.
What is the Difference Between Reconstitution and Reissuance of Title?
Reconstitution and reissuance are two procedures by which a landowner can replace their lost or destroyed title. However, these procedures differ depending on how the title was lost or destroyed.
Governed by Republic Act No. 26, reconstitution is when the original land title from the Land Registration Authority (LRA) and Registry of Deeds (ROD) has been lost or destroyed. This process involves reconstructing the title based on available records, documents, and evidence. It also requires court order and a review of historical records to reestablish the property’s history and ownership. This legal process is more complex than reissuance.
On the other hand, reissuance is governed by Section 109 of the Property Registration Decree. This is when the copy of the owner’s land title has been lost or damaged, but the original copy of the title is still in the possession of the LRA’s or ROD’s records. In this case, the owner must provide an Affidavit of Loss explaining how the title was lost or damaged, along with other supporting documents.
How to Process Reconstitution of Title in the Philippines?
Reconstitution can be processed either through a judicial or administrative process.
Judicial Reconstitution of Title
For the judicial process, the applicant must seek a court order and provide supporting documents for the replacement of their lost or damaged land title. Additionally, the applicant must follow these procedures:
- File an Affidavit of Loss. The applicant must submit an affidavit of loss to the Registry of Deeds (ROD) office. More importantly, the affidavit must be notarized.
- Obtain a Certified True Copy. After filing the affidavit, request a Certified True Copy of the lost land title from the ROD. This will serve as an annotated copy of the land title.
- File a Petition. File a petition for judicial reconstitution at the Regional Trial Court and submit the supporting documents.
- Publication of Notice. A notice of the petition will be published in two (2) successive issues of a newspaper.
- Posting of Notice. A notice will also be posted at the municipal or city hall and on the claimed property.
- Attend and Testify in Court. The court will schedule a hearing to determine if the case falls within its jurisdiction and merits further consideration. This procedure may take several months due to the land survey and other court orders.
- Issuance of Court Decision. After the hearing, wait for the court’s decisions.
- File the Court Decision. If granted, submit the court’s decision and Certificate of Finality to the ROD to confirm that the court’s decision is final and no longer subject to appeal.
- Issuance of Land Title. After filing the court’s decision, the ROD will issue a replacement land title.
Administrative Reconstitution of Title
The administrative process of reconstitution is less complex and does not require the applicant to go to the court. Additionally, it relies on the landowner’s records and sworn statement. To process this, the applicant must follow these procedures:
- File an Application. The applicant is required to file an application for administrative reconstitution at the Land Registration Authority (LRA) where the property is located.
- Publication of Notice. A notice of the application will be published in a newspaper of general circulation for two (2) consecutive weeks to notify the public of the reconstitution proceedings.
- Posting of Notice. A notice will also be posted on the municipal or city hall’s bulletin board and on the property.
- Submission of Documents. The applicant must submit the necessary documents, such as tax declarations, survey plans, and any other supporting documents to support the ownership claim.
- Verification and Investigation. The LRA will verify the submitted documents and conduct an investigation to confirm the accuracy of the application.
- Decision and Issuance. If granted, the LRA will issue a new title.
How to Process Reissuance of Title in the Philippines?
To process a reissuance of lost land title, the applicant must follow these procedures:
- File an Affidavit of Loss. The applicant must submit a duly notarized affidavit of loss to the Registry of Deeds (ROD) office.
- File a Petition. After submitting the affidavit, file a petition for reissuance of the lost title at the Regional Trial Court.
- Publication of Notice. A notice of the petition will be published in the Official Gazette in two (2) successive issues.
- Posting of Notice. A notice will also be posted at the municipal or city hall and on the property for at least thirty (30) days before the hearing.
- Attend and Testify in Court. The applicant is required to present and testify in court to prove property ownership.
- Issuance of Court Decision. Wait for the court’s decision. This may vary depending on the court’s caseload and complexity of the case.
- File the Court Decision. If granted, file the court decision at the ROD where your property is registered to receive a new land title.
How Long Does the Process of Reconstitution and Reissuance of Title Take?
The process of reconstituting a lost land title may vary depending on the completeness of the submitted documents and the complexity of the case. In some cases, it may take several months or even longer. While the process of reissuance may take a year to one and a half years.
Why is it Necessary to Replace a Lost Land Title?
Replacing your lost land title in the Philippines is necessary for the following reasons:
- Proof of Ownership. The land title serves as a proof of ownership. If you plan to sell your property, an original copy of your land title is required for transaction.
- Prevent Fraudulent Claims. As a landowner, it is crucial to obtain a land title. Without it, your property may be fraudulently claimed by others and potentially sell it to buyers who are unaware of the legal claim.
- Title Transfer. If the landowner passed away, the land title is necessary to transfer the ownership to their heirs. Without it, the title transfer process can become complicated.
Need further information and assistance regarding Reconstitution and Reissuance of Title? Talk to our team at Duran & Duran-Schulze Law 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.
