AN ACT PROVIDING A SPECIAL PROCEDURE FOR THE RECONSTITUTION OF TORRENS CERTIFICATES OF TITLE LOST OR DESTROYED.

Republic Act No. 26 September 25, 1946

AN ACT PROVIDING A SPECIAL PROCEDURE FOR THE RECONSTITUTION OF TORRENS CERTIFICATES OF TITLE LOST OR DESTROYED

Section 1. Certificates of title lost or destroyed shall be reconstituted in accordance with the provisions of this Act.

Section 2. Original certificates of title shall be reconstituted from such of the sources hereunder enumerated as may be available, in the following order:

(a) The owner's duplicate of the certificate of title;

(b) The co-owner's, mortgagee's, or lessee's duplicate of the certificate of title;

(c) A certified copy of the certificate of title, previously issued by the register of deeds or by a legal custodian thereof;

(d) An authenticated copy of the decree of registration or patent, as the case may be, pursuant to which the original certificate of title was issued;

(e) A document, on file in the registry of deeds, by which the property, the description of which is given in said document, is mortgaged, leased or encumbered, or an authenticated copy of said document showing that...

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Summary of Republic Act No. 26

Reconstitution of Lost or Destroyed Torrens Certificates of Title
- Original certificates of title shall be reconstituted from the following sources in order:
    - Owner's duplicate (Section 2a)
    - Co-owner's, mortgagee's, or lessee's duplicate (Section 2b)
    - Certified copy previously issued by register of deeds or legal custodian (Section 2c)
    - Authenticated copy of decree of registration or patent (Section 2d)
    - Document showing property is mortgaged, leased or encumbered (Section 2e)
    - Any other sufficient document (Section 2f)

- Transfer certificates of title shall be reconstituted from the following sources in order:
    - Owner's duplicate (Section 3a)
    - Co-owner's, mortgagee's, or lessee's duplicate (Section 3b)
    - Certified copy previously issued by register of deeds or legal custodian (Section 3c)
    - Deed of transfer or document containing property description (Section 3d)
    - Document showing property is mortgaged, leased or encumbered (Section 3e)
    - Any other sufficient document (Section 3f)

- Liens and encumbrances shall be reconstituted from the following sources in order:
    - Annotations on owner's, co-owner's, mortgagee's or lessee's duplicate (Section 4a)
    - Registered documents or authenticated copies (Section 4b)
    - Any other sufficient document (Section 4c)

Procedures for Reconstitution
- Petitions may be filed with register of deeds for reconstitution from sources in Sections 2a, 2b, 3a, 3b, 4a (Section 5)
- Register of deeds may reconstitute from owner's duplicate (Section 6)
- Reconstituted titles have same validity as originals but subject to reservation for unrecorded interests (Section 7)
- Parties with unrecorded interests may petition court to annotate interest (Section 8)
- Owner may petition to remove reservation after 2 years if no petitions filed (Section 9)
- Petitions may be filed directly with court based on sources in Sections 2a, 2b, 3a, 3b, 4a (Section 10)
- Petitions to reconstitute interests/liens based on Sections 4b, 4c filed with court (Section 11)
- Petitions based on sources in Sections 2c-f, 3c-f filed with court with requirements (Section 12)
- Court notice and hearing procedures for petitions (Sections 13-15)
- Procedures if withheld documents needed for reconstitution (Section 14)
- Procedures if original certificate found after reconstitution (Sections 18-20)
- Plan and technical description required within 2 years if not in reconstituted title (Section 21)
- Procedures for filing petitions with court (Section 22)
- No fees for reconstitution services (Section 23)
- Chief of Land Registration Office to issue rules and regulations (Section 24)
- Repeals certain sections of Act 3110 regarding reconstitution (Section 25)