Every land title in the Philippines exists in at least two copies: the original kept by the Register of Deeds, and the owner's duplicate kept by the owner. When the original in the Register of Deeds is lost or destroyed, through fire, flood, or deterioration, it must be restored through reconstitution. Until it is reconstituted, selling, mortgaging, or transferring the property becomes difficult or impossible.
Reconstitution or reissuance? Know which problem you have
- Reconstitution applies when the original title in the Register of Deeds is lost or destroyed.
- Reissuance applies when only the owner's duplicate in your possession is lost. That is a different petition under Section 109 of P.D. 1529. See our guide on reissuance.
Filing the wrong petition wastes time and money, so the first step is a certified copy request or verification with the Register of Deeds.
Two routes: administrative and judicial
Administrative reconstitution (R.A. 6732)
Administrative reconstitution is available when titles were lost or destroyed because of fire, flood, or other force majeure, and the loss is large in scale: at least ten percent of the titles in the Register of Deeds, and in no case fewer than 500 titles. It is filed with the Land Registration Authority and is generally based on the owner's duplicate. Many Quezon City owners have dealt with this route because records of the Quezon City Register of Deeds were damaged in a 1988 fire.
Judicial reconstitution (R.A. 26)
When administrative reconstitution is not available, the owner files a petition with the Regional Trial Court of the place where the property is located. The court will reconstitute the title based on the best available source, in the order the law prescribes, starting with:
- The owner's duplicate of the title;
- The co-owner's, mortgagee's, or lessee's duplicate;
- A certified copy previously issued by the Register of Deeds;
- An authenticated copy of the decree of registration or the deed of transfer on file;
- Other documents that the court finds sufficient and proper.
The requirements that most often sink a petition
The Supreme Court treats the notice requirements in reconstitution as jurisdictional. If they are not strictly followed, the court does not acquire jurisdiction and the reconstituted title can be declared void, even years later. Depending on the source used, these generally include:
- Publication of the notice of hearing in the Official Gazette in the required number of successive issues;
- Posting of the notice at the main entrance of the provincial or city building and the municipal building, within the period required before the hearing;
- Notice to the occupants, adjoining owners, and other interested persons named in the petition;
- The report of the Land Registration Authority and the participation of the State.
Practical point: list every occupant and adjoining owner correctly, with complete addresses. An incomplete list is one of the most common reasons a reconstituted title is later attacked.
Documents to prepare
- Owner's duplicate, or any photocopy or certified copy of the title
- Certification from the Register of Deeds that the original was lost or destroyed
- Latest tax declaration and real property tax receipts
- Approved survey plan and technical description
- Names and addresses of occupants and adjoining owners
- Deeds, mortgages, or other documents affecting the property
Frequently asked questions
How long does judicial reconstitution take?
It depends on the court, the publication schedule, and whether anyone opposes. Because of publication and LRA requirements, it usually takes several months at the very least.
Can I sell the property while reconstitution is pending?
You can enter into agreements, but the buyer generally cannot register the transfer until the title is reconstituted. Most buyers and banks will wait.
I have only a photocopy of the title. Can it still be reconstituted?
Possibly, but a photocopy is a weaker source. The court may require additional documents, and the petition will be examined more closely.
Can a reconstituted title be cancelled later?
Yes. If the reconstitution was based on fraud or the jurisdictional requirements were not complied with, the reconstituted title can be challenged and declared void.