Concept of Reconstitution

7/25/2019 Concept of Reconstitution

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RECONSTITUTION----------------------------------------------------------------------

HAT

IS

THE

RECONSTITUTION

OF

CERTIFICATE

OF

TITLE

?

i. Reconstitution of certificate of title is the restoration of the instrument which

is supposed to have been lost or destroyed in its original form and condition, under the custody

of the Register of Deeds.

ii. hat are the kins of reconstitution of certificate of title?

1. Judicial reconstitutionwhich partakes the nature of a land registration proceeding in rem. As

PD 1!" states#

Section 2. Nature of registration proceedings; jurisdiction of courts. Judicial proceedings for the

registration of lands throughout the Philippines shall be in rem and shall be based on the

generally accepted principles underlying the Torrens system.

2. Administrative reconstitution which may be availed of only in case of#

1. $ubstantial loss or destruction of the original land titles due to fire, flood, or other forcema%eure as determined by the Administrator of the &and Registration Authority'

!. (he number of certificates of title lost or damaged should be at least 1)* of the total number

in the possession of the +ffice of the Register of Deeds'

. n no case shall the number of ertificates of title lost or damaged be less than ))' and

/. (he Petitioner must have the duplicate copy of the certificate of (itle. 0RA 2!3
http://realestatelawyer.com.ph/reconstitution/http://realestatelawyer.com.ph/reconstitution/


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iii. hat are the other !etitions"transactions after ori#inal

re#istration?

1. Amendment and Alteration of ertificate of (itle

!. $urrender of 4ithheld Duplicate ertificate of (itle

. Replacement of &ost Duplicate ertificate of (itle

i$. hat are the la%s #o$ernin# the reconstitution of title?

1. Act 49! "and Re#istration Act o$ 19%& 0approved 5ovember , 1")!, effective 6anuary 1,

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a. 7overns the homesteading, selling, and leasing of portions of the public domain of the

country

b. (he purpose of the (orrens $ystem of Registration is to 8uiet title to the land

c. Perfects for the issuance of patents without compensation to certain native settlers

d. (he ourt of &and Registration, the Register of Deeds and the (orrens system of

registration were created

e. Real estate ownership may be %udicially confirmed and recorded in the archives of the

government

f. (he term 9public land: referred to all lands of the public domain whose title still

remained with the government' e;cluded the patrimonial property and friar lands

g. Act 5o. "! is the first Public &and Act 01")3

h. Act 5o. !


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b. t aims to settle and ad%udicate any lands upon order of the President to the Director of

&ands to make a government survey in the interest of the public. All conflicting interests

on lands shall be ad%udicated 0to be settled by law3 through the $olicitor 7eneral who

represents the Director of &ands.

c. (he cadastral court over previously titled lands is only focused on correction of technical

errors in the description of the land.

d. (he decree was awarded to the person with better claim and shall be the basis for the

insurance of certificate of title which shall have the same effect as a certificate of title

granted under the Property Registration Decree

&. CA No. 141! (u)lic "and Act0approved on 5ovember 2, 1", effective on December 1,

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a. (he law governed the classification and disposition of lands of the public domain

b. t is the first law for %udicial confirmation of imperfect and incomplete titles

c. =ree patent under rule states that the area of the land must not e;ceed !/ hectares for any

natural =ilipino citi>ens and cultural minorities

d. (he 8ualification includes# must be a natural born citi>en, does not own more than !/hectares of land since 6uly !/, 1"!, continuous occupation and cultivation for at least )

years, pays realty ta; of the property. ultural minorities are re8uired to have a

continuous occupation and cultivation of the land since 6uly !/, 1" whether disposable

or not for at least ) years, not an owner of any real property.

4. (* 1'29! (ro+ert, Re#istration *ecree0approved on 6une 11, 1"2


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c. (he court may dismiss the application of the applicant with or without pre%udice to the

right to file a new application for the registration of the same land ourt of =irst nstance

was given the e;clusive %urisdiction over all applications for original registration of title

to lands, including improvements and interests therein and over all petitions filed after

original registration of title.

d. ?omestead patent ssued by the Director &ands over land not of the public domain is a

nullity, devoid of force and effect against the owner whose title is covered by an +( or

((.

e. Registration of untitled lands or lands with imperfect titles is ineffective against third

persons. (hat in case of double sale, the title registered under the (orrens $ystem is

superior than title registered under Act //. Registration under the (orrens $ystem, at

the Registry of Deeds is needed so that title shall be binding upon third parties.

'. (* -92 0issued on =ebruary 1, 1"23

a. Discontinued the system of land registration under the $panish @ortgage &aw and the

use of $panish titles as evidence in land registration proceedings

b. ?olders of $panish titles must apply for registration within months or until August 1,

1"2 from this decrees effectivity or else their titles would produce no registration

c. Bnder this decree, $panish titles can no longer be used as evidence of ownership

. 19- Constitution

a. $C , AR(&C refers to ownership of government lands which states that for

iti>ens of the Philippines they can lease not more than )) hectares and ac8uire not

more than 1! hectares

b. =ree Patent rule under the onstitution states that any natural born citi>en of the

Philippines who is not the owner of more than 1! hectares and who, for at least ) years

including his predecessor-in-interest has continuously occupied the land. ?e shall be

entitled an area not to e;ceed 1! hectares-(orrens title issued on the basis of the free

patent becomes as indefeasible as one that was %udicially secured upon the e;piration of

one year from date of issuance of patent.


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. RA &2 0approved 6uly 12, 1"


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11. RA 91 0approved 5ovember 1, !))!3

a. C;tending the period until December 1, !)!) for the filing of applications for

administrative legali>ation 0free patent3 and %udicial confirmation of imperfect and

incomplete titles to alienable and disposable lands of the public domain, amending for

this purpose A 1/1

b. f further, limits the area to be applied for to 1! hectares only

12. RA 922'! Citiens/i+ Retention and Re3acuisition Act0approved August !", !))3

a. (his law provided that natural born citi>ens of the Philippines, who have lost their

Philippine citi>enship by reason of their naturali>ation as citi>ens of foreign country, are

hereby deemed to have re-ac8uired Philippine citi>enship upon taking their oath of

allegiance to the republic and shall en%oy full civil and political rights and be sub%ect to

all attendant liabilities and responsibilities under the e;isting laws of the Philippines.

(herefore, limitation on ownership under RA 2/)! as amended by RA


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g. (he law has laid down a penalties of either years imprisonment or 1k fine or both

14. RA 1%%2&! T/e Ne5 Residential ree (atent "a5 o$ 2%1% 0approved @arch ", !)1)3

a. (he law has made any =ilipino citi>en who is an actual occupant of a residential landprovided that in highly urbani>ed cities, the land should not e;ceed !))s8m or ))s8m in

other cities as 8ualified for the free patent. (he land should not e;ceed 2)s8m for first

class and second class municipalities and in all other municipalities, it should not e;ceed

1)))s8m provided further that the land is not needed for public service or public use.

b. t covers coverage# All lands that are >oned as residential areas including town sites as

defined under Public &and Act provided that none of the provisions of PD 2) have been

violated' >oned residential area located inside a delisted military reservation or

abandoned military camp and those of local government units or town sites

c. (hose special patents may be granted under the name of the national agency of local

government notwithstanding any provision of law to the contrary and sub%ect to private

rights, if any public land actually occupied and used for public schools, municipal halls,

public pla>as or parks and other government institutions for public use.

d. All lands titled under this section shall not be disposed of unless sanctioned by ongress

if owned by the national agency or sanctioned by the $anggunian concerns through an

approved ordinance if owned by the local govt.

Re$erences!

Agcaoili, +. 0!)113.Property Registration Decree and Related a!s.Fue>on ity# Re; Printing ompany,

nc.

Property Registration Decree 1!", 9Amending and odifying the &aws Relative to Registration of

Property and for +ther Purposes:

Documents

Concept of Reconstitution