AN ACT ALLOWING ADMINISTRATIVE RECONSTITUTION OF ORIGINAL COPIES OF CERTIFICATES OF TITLES LOST OR DESTROYED DUE TO FIRE

Case Overview and Summary

Summary of Republic Act No. 6732

Reconstitution of Lost or Destroyed Certificates of Title
- Allows administrative reconstitution of original copies of certificates of titles lost or destroyed due to fire, flood, and other force majeure events. (Section 1)
- Reconstitution can be done administratively if at least 10% or 500 certificates of titles are lost or damaged. (Section 1)
- Reconstitution can be done judicially following the procedure in Republic Act No. 26, if not inconsistent with this law. (Section 1)

Procedure for Administrative Reconstitution
- Petition for reconstitution can be filed with the Register of Deeds by the registered owner, assigns, or other interested parties. (Section 2)
- Petition must be accompanied by necessary sources for reconstitution and an affidavit from the registered owner stating: (Section 2)
    - No unregistered deeds or instruments affecting the property.
    - Owner's duplicate certificate is in due form without alterations.
    - Certificate of title is not subject to litigation or investigation.
    - Certificate of title was in full force and effect when lost or destroyed.
    - Certificate of title is covered by a tax declaration.
    - Real estate taxes have been paid up to at least two years prior to the petition.

Inventory and Preservation of Reconstituted Titles
- After loss or destruction, an inventory of all books, titles, documents, cash, and property in the Registry of Deeds shall be prepared and published. (Section 3)
- Reconstituted titles shall be reproduced in at least three image copies, with one copy kept by the Land Registration Authority, one by the National Library Archives Division, and one in a government fire-proof vault. (Section 4)
- After reconstitution, the owner's duplicate exhibited as basis shall be surrendered, and a new certificate of title shall be issued. (Section 5)

Cancellation of Reconstituted Titles
- If the original certificate of title is found and not in the name of the person who obtained the reconstituted title, the matter shall be brought to the Regional Trial Court for cancellation and appropriate judgment. (Section 7)

Rules, Regulations, and Penalties
- The Land Registration Authority Administrator shall issue rules, regulations, and circulars for implementation, including designation of a reconstituting officer, submission of status reports, and reporting of complaints. (Section 8)
- The Administrator may review, revise, reverse, modify or affirm decisions of the reconstituting officer or Register of Deeds. Appeals can be filed within 15 days. (Section 9)
- Interested parties unjustly deprived or prevented from taking part in the proceedings may file a petition to set aside the decision within 60 days of learning about it, but not more than 6 months from promulgation. (Section 10)
- Reconstituted titles obtained by fraud, deceit, or other machination are void ab initio. (Section 11)
- Penalties for obtaining or attempting to obtain a reconstituted title by fraud, deceit, or other machination include imprisonment of 2-5 years, a fine of ₱20,000-₱200,000, or both. (Section 12)
- Public officers or employees who knowingly approve or assist in securing a decision allowing reconstitution for unentitled persons shall be subject to imprisonment of 5-10 years, a fine of ₱50,000-₱100,000, or both, and perpetual disqualification from holding public office. (Section 12)

Miscellaneous Provisions
- Inconsistent laws, decrees, executive orders, or parts thereof are repealed or modified accordingly. (Section 13)
- The Act covers administrative reconstitution of copies of original certificates of titles destroyed by fire, flood, or other force majeure within 15 years before the effectivity of this Act. (Section 14)
- The Act shall take effect upon publication in three newspapers of general circulation. (Section 15)