Dear Atty. Maan,

My father passed a decade ago and left two parcels of land in Zambales. As his sole heir, I executed an Extra-Judicial Settlement to claim sole ownership of these properties. However, I could not register the documents with the Registry of Deeds (RD) because it lacked the original copies of the Transfer Certificate of Title due to a fire that destroyed them in the early 90s. In this case, what can I do to have these properties transferred under my name?

Rachel

***

Dear Rachel,

The said copies of Transfer Certificate of Title may be restored; however, it must undergo through the process of reconstitution. In the case of Republic of the Philippines vs Manansala, G.R. No. 241890, 3 May 2021, the Supreme Court defined reconstitution as follows: Reconstitution is the restoration of the instrument or title allegedly lost or destroyed in its original form and condition. Its only purpose is to have the title reproduced, after observing the procedure prescribed by law, in the same form they were when the loss or destruction occurred. The process involves diligent circumspect evaluation of the authenticity and relevance of all the evidence presented for fear of the chilling consequences of mistakenly issuing a reconstituted title when in fact the original is not truly lost or destroyed, or when an original title does not even exist in the name of the petitioner or the person from whom the petitioner derives his purported claim or right.

The filing of a petition initiates the proceedings for judicial reconstitution of a title. Such a petition is mandated to prove that: (a) the title sought to be reconstituted has either been lost or destroyed; and (b) at the time of said loss or destruction, the petitioner is the registered owner of the property covered by the title. Section 2 of Republic Act 26 states that original certificates of title shall be reconstituted from the following sources, in this order: the owner’s duplicate of the certificate of title; the co-owner’s, mortgagee’s, or lessee’s duplicate of the said certificates; certified copy of such certificate, previously issued by the Register of Deeds or by a legal custodian thereof; authenticated copy of the decree of registration or patent as the case may be, which was the basis of the certificate of title; deed or mortgage, lease or encumbrance containing the description of the property covered by said title, and on file with the Register of Deeds, or an authenticated copy thereof indicating that its original had been registered; and any other document which, in the judgment of the court, is sufficient and proper basis for reconstitution.

The Petition for judicial reconstitution shall be filed in the proper Regional Trial Court by the registered owner, his assigns, or any person having an interest in the property.

Hope this helps.

Atty. Mary Antonnette M. Baudi