Republic of the Philippines
HOUSE OF REPRESENTATIVES / .
Quezon City

THIRTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 231

Introduced by HON. RODRIGUEZ D. DADIVAS

EXPLANATORY NOTE

This bill seeks to amend Section 110 of Presidential Decree No. 1529
known as the Property Registration Decree to relieve real property owners the
burdensome and onerous task of resorting to judicial actions for the
reconstitution of their Torrens certificates of title that were lost or destroyed while
in the custody of the Register of Deeds.

To date, it is not unusual to see petitions for reconstitution of lost or
destroyed certificates of title clogging the dockets of our courts all filed by the
registered owners themselves though admittedly, they are not responsible for the
loss or destruction of their original certificates of title as these are in the
possession and custody of the Register of Deeds of the place where subject
property is located at the time of lost or destruction. Compounding their woes of
having to go through tedious court proceedings is the fact that such petitions
entail expensive cost in the form of court charges and lawyer's fees.

While original certificates are reposed in the Office of the Register of
Deeds supposedly for safekeeping and protection, it is also in such places where
the certificates of titles, ironically, get lost or suffer destruction. Hence, it is
grossly unfair and prejudicial on the part of the registered property owners to
undergo the tedious court process filing the petition.

This bill seeks to rectify this mistake by amending Section 110 of P.D
No. 1529 and direct instead that Register of Deeds be the proper party to initiate
the filing of petitions for reconstitution of lost or destroyed owner's certificate of
title.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

THIRTEENTH CONGRESS
First Regular Session

231
HOUSE BILL NO.

Introduced by HON RODRIGUEZ D. DADIVAS

AN ACT
AMENDING SECTION 110 OF PRESIDENTIAL DECREE NO. 1529
OTHERWISE KNOWN AS THE PROPERTY REGISTRATION DECREE
AND APPROPRIATING FUNDS THERFOR

Be enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Section 110 of Presidential Decree No. 1529, otherwise
known as Property Registration Decree is hereby amended to read as follows:

“SECTION 110. Reconstitution of lost or destroyed original of
Torrens title. — Original copies of certificates of title lost or destroyed in the
offices of the Registers of Deeds as well as liens and encumbrances affecting the
lands covered by such tittes shall be reconstituted judicially insofar as not
inconsistent with this Decree. X X X X

“THE PETITION FOR JUDICIAL RECONSTITUTION OF LOST
OR DESTROYED ORIGINAL CERTIFICATES OF TITLE SHALL BE FILED BY
THE REGISTER OF DEEDS OF THE PLACE WHERE THE LAND IS SITUATED
UPON THE REQUEST OF THE REGISTERED OWNER(S), COPIES THEROF
BE FURNISHED THE LAND REGISTRATION AUTHORITY (LRA) AND THE
REGISTERED OWNER(S). ’

“THE SAID PETITION SHALL BE VERIFIED AND SHALL BE
PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION ONCE A WEEK
FOR THREE (3) CONSECUTIVES WEEKS FROM THE DATE OF FILING. X X
XX


“NO PETITION FOR JUDICIAL RECONSTITUTION SHALL BE
APPROVED UNLESS THE REGISTERED OWNER(S) SHALL HAVE IN
POSSESSION THE OWNERS DUPLICATE CERTIFICATE OF TITLE OF THE
LOST TORRENS TITLE.

Notice of all hearings of the petition for judicial reconstitution shall
be given to the ADMINISTRATOR OF THE LAND REGISTRATION AUTHORITY
(LRA) AND THE REGISTERED OWNER(S). No order of judgment ordering the
reconstitution of a certificate of title shall become final until the lapse of thirty
days from receipt by the ADMINISTRATOR OF THE LAND REGISTRATION
AUTHORITY (LRA) of a noticed of such order or judgment without any appeal
having been filed by the said official.”

SECTION 2. The amount Necessary to carry out the provisions of this
Act shall be included in the General Appropriations Act of the year following its
enactment into law and thereafter,

SECTION 3. All laws, decrees, rules and regulations inconsistent with
this Act shall be amended or repealed accordingly.

SECTION 4. If any provision of this Act is declared uncoristitutional, the
‘same shall not affect the validity and effectivity of the other provisions thereof.

SECTION 5. This Act shall take effect fifteen (15) days after its
Publication in the Official Gazette or ina newspaper of general circulation.

Approved,