REQUIREMENT FOR ADMINISTRATIVE RECONSTITUTION
FOR THE PROPERTY LOCATED IN QUEZON CITY
1.)
Administrative order
a.) Petition
for Administrative Reconstitution
b.) Affidavit
To be Verify
and file at Room 302 Reconstitution office Land Registration office
2.)
Finality
3.)
Original Owners Copy of Transfer Certificate of
Title
4.)
Certified True Copy of Tax Declaration
5.)
Tax Clearance
___________________________________________________________________________
Republic Act No. 6732
AN ACT ALLOWING ADMINISTRATIVE RECONSTITUTION OF ORIGINAL COPIES OF
CERTIFICATES OF TITLES LOST OR DESTROYED DUE TO FIRE, FLOOD AND OTHER FORCE
MAJEURE, AMENDING FOR THE PURPOSE SECTION ONE HUNDRED TEN OF PRESIDENTIAL
DECREE NUMBERED FIFTEEN TWENTY-NINE AND SECTION FIVE OF REPUBLIC ACT NUMBERED
TWENTY-SIX.
Sources
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TWO MODE FO RECONSTITUTION OF
TITLE
JUDICIAL AND ADMINISTRATIVE
RECONSTITUTION
JUDICIAL RECONSTITUTION
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
owner’s or co-owner’s 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 owner’s or co-owner’s 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).
ADMINISTRATIVE RECONSTITUTION
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 owner’s duplicate of the certificate of title; or
the co-owner’s, mortgagee’s, or lessee’s 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.
Source:
Filstar Real Estate Brokerage and Services
FELICIANO "JANNO" TARE
PRC Reg. # 0002181
Cell phone # 0916-895-93-80
Office Tel # (049)302-95-23
Email Add: filstar.property@yahoo.com
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