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Reconstituting lost certificate of title over parcel of land

I inherited a parcel of land from my deceased parents. I went to the Registry of


Deeds where the land is registered to inquire its status but they said that they no
longer have their copy of the title because it was eaten by termites. May I ask how
I can get a new original title? Thanks.
Vanny

Dear Vanny,
Your problem involves reconstitution of certificate of title to reconstruct the land title
issued to your parents which was in the custody of the Registry of Deeds.

There are two modes for reconstitution of title, to wit: judicial and administrative.
The judicial mode is the general mode which is applicable to all cases of
reconstitution. It requires filing a petition in the proper Regional Trial Court which
shall state that the owners or co-owners duplicate certificate of title had been lost
or destroyed, if such be the fact, the location, area and boundaries of the property,
the names and addresses of all persons who have a claim or encumbrance on the
property together with a statement of their claims, and a statement that no deeds
or other instruments affecting the property have been registered (Section 12,
Republic Act (R.A.) No. 26). The notice of the petition must also be published twice in
successive issues in the Official Gazette, posted on the main entrance of the
provincial and municipal building in which the land is situated, and sent by
registered mail or otherwise to all persons named in the petition (Section 13, R.A.
No. 26).

The petition must also be supported by any of the following: the owners or co-
owners duplicate of the certificate of title, certified copy of the certificate of title,
decree of registration/patent or deed of transfer on file in the registry of deed, a
mortgage, lease or encumbrance document pertaining to the lot registered in the
registry of deed, or any other document which, in the judgment of the court, is
sufficient and proper basis for reconstitution of title (Sections 3 & 4, R.A. No. 26).

The other mode, which is the administrative means of reconstitution of title will only
require filing a petition with the concerned Register of Deeds. However, this mode
may only be availed of in case of substantial loss or destruction of land titles due
to fire, flood or other force majeure as determined by the Administrator of the
Land Registration Authority, where the number of certificates of titles lost or
damaged should be at least ten percent (10%) of the total number in the
possession of the Office of the Register of Deeds, and the number of certificates
of titles lost or damaged be at least five hundred (Section 110, PD No. 1529 as
amended by RA No. 6732). In addition, the petitioner must present the owners
duplicate of the certificate of title; or the co-owners, mortgagees, or lessees
duplicate of the certificate of title, if any, to support his petition (Section 5, RA No.
26 as amended by RA No. 6732). All these conditions must be present. If not, then
the petitioner must resort to judicial reconstitution of title.

As you can see, the procedure for administrative reconstitution of title is simpler
compared to judicial reconstitution. Hence, if allowed under the circumstances, it is
advisable to take this mode. However, you have to inquire first with the Registry of
Deeds where the land you inherited is registered concerning the circumstances
surrounding the loss of the original title kept under their custody. Please take note
also that you have to present the duplicate certificate of title issued to your parents
if you opt for administrative reconstitution.