I 
THIRTEENTH CONGRESS OF THE REPUBLI 
1 
OF THE PHILIPPINE 
1 
First Regular Session 
N A T  
Introduced by Senator S. R. Osmefia 111 
EXPLANATORY NOTE 
With the proliferation of fake certificates of title, it is important that the 
original certificates of title in the custody of the Register of Deeds are intact and 
in good condition for verification purposes. 
This bill seeks to expedite the reconstruction of lost or destroyed original 
certificates of title in the custody of the Register of Deeds. It likewise authorizes 
the Register of Deeds to institute, with the approval of the Land Registration 
Authority and the consent of the registered owner, to institute judicial action for 
the reconstitution of lost or destroyed original copy of certificate of title. 
Once approved, the administration of land registration proceedings will be 
greatly hastened. 
Early approval of this bill is earnestly requested. 
SERGIO OSMENA 111 
Senator 


I 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
THIRTEENTH CONGRESS OF THE REPUBLIC 
} 
P 
First Regular Session 
OF THE PHILIPPINE 
S E N A T  
2 
S. No. 
Introduced by Senator S. R. Osrneiia 111 
AN ACT 
AMENDING CERTAIN SECTIONS OF REPUBLIC ACT N0.26, ENTITLED “AN 
ACT PROVIDING A SPECIAL PROCEDURE FOR THE RECONSTITUTION OF 
TORRENS CERTIFICATE OF TITLE LOST OR DESTROYED”, AND FOR 
OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the 
Philippine in Congress assembled: 
SECTION 1. Section 10 of Republic Act No. 26 is hereby amended to 
read as follow: 
“Section I O .  (A) Nothing herein before provided shall prevent 
any registered owner or person in interest from filing the petition 
mentioned in Section 5 of this Act directly with the proper [Court of 
First Instance] REGIONAL TRIAL COURT, based on sources 
enumerated in Sections 2(a), 2(b), 3(a) and /or 4(a) of this Act. 
THE 
REGISTER OF 
DEEDS CONCERNED MAY, 
UPON 
REQUEST OF THE REGISTERED OWNER OR PERSON IN 
INTEREST, FILE A PETITION BASED ON THE 
DUPLICATE 
OR 
CO-OWNER’S 
DUPLICATE 
F 
THE 
CERTIFICATE OF TITLE; Provided, however, That the Court shall 
cause a notice of the petition, before hearing and granting the 
same, to be published in the manner stated in Section 9 hereof; 
And, provided, further, That certificate of title reconstituted pursuant 
1 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
to this Section shall not be subject to the encumbrance referred to 
in Section 7 of this Act. 
(B) THE AUTHORITY 
OF DEEDS TO 
FILE THE PETITION SHALL BE EXERCISED IN CASES OF 
LOSS OR 
DESTRUCTION 
OF 
ORIGINAL 
COPIES 
OF 
CERTIFICATES OF TITLE DUE TO FIRE, FLOOD 0 
FORCE MAJEURE AS DETERMINED BY THE ADMINISTRATOR 
OF THE LAND REGISTRATION AUTHORITY (LRA): PROVIDED, 
THAT THE NUMBER OF CERTIFICATES OF TITLE LOST OR 
DESTROYED IS LESS THAN 500 OR LESS THEN TEN 
PERCENT 
(lOo/o) 
OF 
THE 
TOTAL 
NUMBER 
IN 
THE 
POSSESSION OF THE REGISTER OF DEEDS. 
OTHERWISE, 
THE PROCEDURE, PRESCRIBED IN REPUBLIC ACT NO. 6732 
FOR ADMINISTRATIVE RECONSTITUTION OF TITLES SHOULD 
BE OBSERVED. HE MAY ALSO FILE A PETITION WHEN THE 
LOSS 
OR 
DESTRUCTION 
OF 
ORIGINAL 
COPIES 
OF 
CERTIFICATES OF TITLE WAS DUE TO THEFT, WEAR AND 
TEAR, PESTS AND OTHER SUCH CAUSES. 
THE PETITION OF THE REGISTER OF DEED 
FILED WITH THE APPROVAL OF THE ADMINISTRATION OF 
THE 
LAND REGISTRATION AUTHORITY 
AND 
WRITTEN 
CONSENT OF THE REGISTERED OWNER, HIS ASSIGNS OR 
ANY PERSON WHO HAS AN INTEREST IN THE PROPERTY 
AND WHO SHALL SURRENDER THE OWNER'S DUPLICATE 
COPY OF THE TITLE TO THE REGISTER OF DEEDS 
CONCERNED. 
(C)THE REQUEST REFERRED TO IN PARAGRAPH (A) 
HEREOF SHALL BE UNDER OATH AND SHALL STATE, 
AMONG OTHERS, THE FOLLOWING: 
2 


1 
2 
3 
4 
5 
6 
7 
8 
9 
I O  
11 
12 
13 
14 
15 
16 
17 
18 
I 9  
20 
21 
22 
23 
24 
25 
26 
27 
28 
1. THAT THE PARTY MAKING THE REQUEST IS THE 
REGISTERED 
OWNER, 
TRANSFER 
OTHERWISE HAS AN INTEREST IN TH 
2. THAT THE ORIGINAL 
OF TITLE WAS LOST OR DEST 
THE REGISTER OF DEED 
3. THAT 
NO 
DEED 
OR 
OTHER 
INSTRUMENT 
AFFECTING THE PROPERTY HAS 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 THERETO, AND WHETHER THE 
REGISTRATION OF SUCH DEED OR INSTRUMENT HAS BEEN 
ACCOMPLISHED OR NOT; 
4. THAT THE OWNER’S OR CO-OWNER’S DUPLICATE 
IS IN DUE FORM WITHOUT 
APPARENT 
INTENTIONAL 
ALTERATION OR ERASURES; 
5. THAT THE CERTIFICATE OF TITLE WAS IN FULL 
FORCE AND EFFECT AT THE TIME OF IT 
LOSS OR 
DESTRUCTION AND THAT IT IS NOT THE SUBJECT OF 
LITIGATION 
OR 
INVESTIGATION, 
ADMINISTRATIVE 
OR 
JUDICIAL, REGARDING ITS GENUINESS OR DUE EXECUTION 
OR ISSUANCE; 
6. THAT THE PROPERTY DESCRIBED IN THE TITLE IS 
COVERED BY A TAX DECLARATION AND THAT THE SAME IS 
NOT DELINQUENT IN THE PAYMENTOF THE REAL ESTATE 
TAX; AND 
7. IN CASE THE BASE OF RECONSTITUTION IS THE 
CO-OWNER’S DUPLICATE, THE REQUEST SHOULD ALSO 
3 


1 
STATE THE REASON WHY THE OWNER’S DUPLICATE 
2 
CANNOT BE PRODUCED.” 
3 
4 
follows: 
5 
6 
7 
8 
9 
SECTION 2. Section 23 of the same Act is hereby amended to read as 
“Section 23, No fees shall be charged for the filing of any 
petition under this Act, nor for any service rendered, in connection 
therewith or in compliance with any provision of this Act, by the 
[Chief of the General Land Registration Office] ADMINISTRATOR 
OF THE LAND REGISTRATION AUTHORITY, clerks of [Court of 
10 
First Instance] REGIONAL TRIAL COURTS, sheriffs, and/or 
11 
Register of Deeds. Any certified copy of document or paper that 
12 
may be necessary in the reconstitution of a certificate of title under 
13 
this Act shall, upon request of the court, Register of Deeds, or the 
14 
[Chief of the General Land Registration Office] AUTHORITY, be 
15 
furnished, free of charge, by any office or branch of the government, 
16 
including 
government-controlled 
corporation, 
institutions 
or 
17 
instrumentalities: 
PROVIDED, THAT THE EXPENSES IN THE 
18 
RECONSTITUTION 
OF 
THE 
ORIGINAL 
COPIES 
OF 
19 
CERTIFICATES OF TITLE LOST OR DESTROYED WHILE IN 
20 
THE POSSESSION OF ANY GOVERNMENT AGENCY SHALL BE 
21 
BORNED BY THE GOVERNMENT, INCLUDING FREE LEGAL 
22 
SERVICES TO BE RENDERED BY THE OFFICE OF THE 
23 
SOLICITOR GENERAL WITHOUT PREJUDICE HOWEVER, TO 
24 
THE 
RIGHT 
OF 
THE 
PETITIONER 
TO 
HIRE 
THE 
25 
26 
THE ADMINISTRATOR OF THE LAND REGISTRATION 
27 
AUTHORITY (LRA) IS HOWEVER AUTHORIZED TO USE THE 
28 
CURRENT INCOME OF THE AUTHORITY TO COVER THE COST 
29 
OF PUBLICATION TWICE IN THE OFFICIAL GAZETTE OF THE 
PROFESSIONAL SERVICES OF A PRIVATE COUNSEL. 
4 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
PETITION FOR RECONSTITTION WHICH ARE FILED BY THE 
REGISTER OF DEEDS CONCERNE 
SECTION 3. The administration of the Land Registration Authority shall, 
upon approval by the Secretary of Justice, issue the necessary rules and 
regulations for the effective implementation of the provisions of this Act. 
SECTION. 4. All laws, decrees, orders, rules and regulations or parts 
thereof which are inconsistent with the provisions of this Act are hereby repealed 
or modified accordingly. 
SECTION. 5. Effectivity Clause. - This Act shall take effect fifteen (15) 
days after its publication in two (2) national newspapers of general circulation. 
Approved, 
5