When may administrative reconstitution of original certificate of title be availed of?

 Administrative reconstitution of lost or destroyed certificate of title may be availed of only in case of:

  1. Substantial loss or destruction of the original land titles due to fire, flood or other force majeure as determined by the Administrator of the Land Registration Authority (LRA);
  2. 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;
  3. Where the number of certificates of titles lost or damaged be at least 500;
  4. 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)
Original copies of certificates of titles lost or destroyed by fire, flood or other force majeure within a period of fifteen years before the effectivity of RA 6732 on 20 July 1989 may also be administratively reconstituted (Sec. 14, RA No. 6732).
Where to file the petition?

Petitions for administrative reconstitution may be filed with the Register of Deeds of the destroyed or burned registry (LRA Circular No. 13, 26 July 1989)
Who may file the petition?
  1. The registered owner
  2. His assigns, or 
  3. Other person, both natural and juridical, having an interest in the property.

What are the sources for administrative reconstitution of title?
  1. Owner's duplicate of the certificate of title
  2. Co-owner's, mortgagee's or lessee's duplicate of said certificate

Form and contents of the petition

The petition must be verified and shall state, among other things,
  1. petitioner's full name, address and other personal circumstances, 
  2. the nature of his interest in the property and 
  3. the title number of the certificate of title sought to be reconstituted. (LRA Circular No. 13, 26 July 1989)


What documents must accompany the petition?

The petition shall be accompanied with three (3) clear and legible xerox copies of the owner's or co-owner's duplicate of the certificate of title and an affidavit of the registered owner stating, among other things, the following:

  1. That no deed or other instrument affecting the property had been presented for registration, or, if there be any, the nature thereof, the date of its presentation, as well as the names of the parties, and whether the registration of such deed or instrument is still pending accomplishment;
  2. That the owner's duplicate certificate or co-owner's duplicate is in due form without any apparent intentional alterations or erasures;
  3. That the certificate of title is not the subject to litigation or investigation, administrative or judicial, regarding its genuineness or due execution or issuance;
  4. That the certificate of title was in full force and effect at the time it was loss or destroyed;
  5. That the certificate of title is covered by a tax declaration regularly issued by the Assessor's Office; and
  6. That real estate taxes have been fully paid up to at least two (2) years prior to the filing of the petition for reconstitution.
Where the reconstitution is to be made on the basis of the co-owner's duplicate certificate, the affidavit shall further state that the owner's duplicate has been lost or destroyed and the circumstances surrounding its loss or destruction.

If such loss or destruction occurred while said owner's duplicate was in the possession of any person other than the registered owner, an affidavit of such person stating the fact and circumstances of such loss or destruction, and how he obtained possession of said owner's duplicate, must be submitted together with the petition. (LRA Circular No. 13, 26 July 1989)