Who is the registered owner of the property and how are you related?

The registered owners are under my grandparents, there was an EJP done in 1981 to designate
it to 9 children. One of the children is my father, he's the junior. I have the TCT. Do you need to
see the document?

What documents do you have with you that will establish that the lost certificate of title actually
existed and the contents thereof?
In 1993 it was reconstituted and there is a new title number, LRA would not release it unless we
surrender the original. Can't find the original.

Can you describe the circumstances surrounding the loss of the certificate of title?

You stated earlier that there was a prior attempt to reconstitute the lost certificate of title. Can
you please elaborate on the events that took place relative thereto?

Are you in the Philippines? If not, do you have a representative here?

I do not have a representative there. Would it have to be a family member? Or could it be an assistant?
Do we need an SPA? How does it work?

ANSWER:
Hi, Melody.
1. Re: surrendering the original for LRA to release the reconstituted title, I would like to clarify if
what you cannot find is the original Duplicate’s owner of the TCT.
2. Re: representative – Your representative need not be a family member. An assistant will be fine.
Anyone can be your representative provided that there is an executed SPA. For the SPA, you just
have to sign it and have it consularized.

PROCESS: RECONSTITUTION OF TITLE

1. The filing of a petition initiates the proceedings for judicial reconstitution of a

title.
Such a petition is mandated to prove that: (a) the title sought to be reconstituted has
either been lost or destroyed; and (b) at the time of said loss or destruction, the
petitioner is the registered owner of the property covered by the title.
The fact that neither a private person nor the Republic of the Philippines filed an
opposition to this petition will not relieve the petitioner of his burden of proof.
Section 2 of Republic Act No. 26 states that original certificates of title shall be
reconstituted from the following sources, in this order:

 the owner’s duplicate of the certificate of title;

 the co-owner’s, mortgagee’s, or lessee’s duplicate of the said certificates;
  certified copy of such certificate, previously issued by the Register of Deeds or
by a legal custodian thereof;
 authenticated copy of the decree of registration or patent as the case may be,
which was the basis of the certificate of title;
 deed or mortgage, lease or encumbrance containing the description of the
property covered by said title, and on file with the Register of Deeds, or an
authenticated copy thereof indicating that its original had been registered; and
 any other document which, in the judgment of the court, is sufficient and
proper basis for reconstitution.
FOR TCTs:
Meanwhile transfer certificates of title (TCTs) shall be reconstituted from the same
sources, and in the same order, except that a deed of transfer or other document
containing description of the property covered by the TCT and on file with the
Registry of Deeds, or an authenticated copy thereof indicating that its original had
been registered and pursuant to which the lost or destroyed certificate of title was
issued, is sufficient instead of the authenticated copy of the decree of registration or
patent required for the reconstitution of an original certificate of title.

2. A petition for judicial reconstitution shall be filed in the proper Regional

Trial Court by the registered owner, his assigns, or any person having an
interest in the property.

Said petition shall allege the following: (a) that the owner’s duplicate of the
certificate of title had been lost or destroyed; (b) that no co-owner’s, mortgagee’s or
lessee’s duplicate had been issued or, if any had been issued, the same had been lost
or destroyed; (c) the location, area and boundaries of the property; (d) the nature
and description of the building or improvements, if any, which do not belong to the
owner of the land, and the names and addresses of the owners of such buildings or
improvements; (e) the names and addresses of the occupants or persons in
possession of the property, of the owners of the adjoining properties and of all
persons who may have interest in the property; (f) a detailed description of the
encumbrances, if any, affecting the property; and (g) a statement that no deeds or
other instruments affecting the property have been presented for registration, or if
there be any, the registration thereof has not been accomplished, as yet.

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 3. the Regional Trial Court (RTC) shall issue a notice thereof, which shall state,
among others: (a) the number of the lost or destroyed certificate of title, if
known; (b) the name of the registered owner; (c) the names of the occupants
or persons in possession of the property; (d) the owners of adjoining
properties and all other interested parties; (e) the location, area and
boundaries of the property; and (f) date on which all persons having interest
therein must appear and file their claim or objections to the petition.

Within 30 days before the date of hearing, the RTC shall cause said notice to be: (a)
published twice in successive issues of the Official Gazette, at petitioner’s expense;
(b) posted on the main entrance of the provincial building and of the municipal
building of the municipality or city in which the property is situated; and (c) sent by
registered mail or otherwise, at petitioner’s expense, to every person named in said
notice.
In a long line of cases, the Supreme Court held that the requirements on the contents
of said petition and the publication, posting and sending by mail of the
abovementioned notice, are mandatory and jurisdictional. Failure to comply with
these requirements will render the judicial reconstitution proceedings void.
Moreover, trial courts should exercise extreme caution in granting petitions for
reconstitution of title because proceedings thereon may be misused as means of
divesting individuals of the titles to their property.

(Last of two parts)

After the filing of a petition for judicial reconstitution of title, the Regional Trial
Court (RTC) shall issue a notice thereof, which shall state, among others: (a) the
number of the lost or destroyed certificate of title, if known; (b) the name of the
registered owner; (c) the names of the occupants or persons in possession of the
property; (d) the owners of adjoining properties and all other interested parties; (e) the
location, area and boundaries of the property; and (f) date on which all persons
having interest therein must appear and file their claim or objections to the petition.
ADVERTISEMENT
Within 30 days before the date of hearing, the RTC shall cause said notice to be: (a)
published twice in successive issues of the Official Gazette, at petitioner’s expense;
(b) posted on the main entrance of the provincial building and of the municipal
building of the municipality or city in which the property is situated; and (c) sent by
registered mail or otherwise, at petitioner’s expense, to every person named in said
notice.
In a long line of cases, the Supreme Court held that the requirements on the contents
of said petition and the publication, posting and sending by mail of the
abovementioned notice, are mandatory and jurisdictional. Failure to comply with
these requirements will render the judicial reconstitution proceedings void.
Moreover, trial courts should exercise extreme caution in granting petitions for
reconstitution of title because proceedings thereon may be misused as means of
divesting individuals of the titles to their property.

Meanwhile, Republic Act No. 6732 provides for the administrative reconstitution of
lost or destroyed certificate of title, which may only be availed of: (a) in case of
substantial loss or destruction of land titles due to fire, flood, or other force majeure as
determined by the Land Registration Authority (LRA) Administrator; (b) when the
number of certificates of titles lost or damaged should be at least 10 percent of the
total number in the possession of the Office of the Register of Deeds; and (c) when the
number of titles lost or damaged is more than or equal to 500.

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