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This page features the full text of
Republic Act No. 6732
AN
ACT ALLOWING ADMINISTRATIVE RECONSTITUTION OF ORIGINAL COPIES OF
CERTIFICATES
OF TITLES LOST OR DESTROYED DUE TO FIRE, FLOOD AND OTHER FORCE MAJEURE,
AMENDING FOR THE PURPOSE SECTION ONE HUNDRED TEN OF PRESIDENTIAL DECREE
NUMBERED FIFTEEN TWENTY-NINE AND SECTION FIVE OF REPUBLIC ACT NUMBERED
TWENTY-SIX.
REPUBLIC
ACT NO. 6732
AN
ACT ALLOWING ADMINISTRATIVE RECONSTITUTION OF ORIGINAL COPIES OF
CERTIFICATES
OF TITLES LOST OR DESTROYED DUE TO FIRE, FLOOD AND OTHER FORCE MAJEURE,
AMENDING FOR THE PURPOSE SECTION ONE HUNDRED TEN OF PRESIDENTIAL DECREE
NUMBERED FIFTEEN TWENTY-NINE AND SECTION FIVE OF REPUBLIC ACT NUMBERED
TWENTY-SIX.
Section
1. Section 110 of Presidential
Decree No. 1529 is hereby amended to read as follows: chanrobles virtuallaw libraryred
"Sec.
110. Reconstitution of Lost or
Destroyed Original of Torrens Title. — Original copies of certificates
of titles lost or destroyed in the offices of Register of Deeds as well
as liens and encumbrances affecting the lands covered by such titles
shall
be reconstituted judicially in accordance with the procedure prescribed
in Republic Act No. 26 insofar as not inconsistent with this Decree.
The
procedure relative to administrative reconstitution of lost or
destroyed
certificate prescribed in said Act may be availed of only in case of
substantial
loss or destruction of land titles due to fire, flood or other force
majeure
as determined by the Administrator of the Land Registration Authority:
Provided, That the number of certificates of titles lost or damaged
should
be at least ten percent (10%) of the total number in the possession of
the Office of the Register of Deeds: Provided, further, That in no case
shall the number of certificates of titles lost or damaged be less than
five hundred (500).
"Notice
of all hearings of the petition for judicial reconstitution shall be
furnished
the Register of Deeds of the place where the land is situated and to
the
Administrator of the Land Registration Authority. No order or judgment
ordering the reconstitution of a certificate of title shall become
final
until the lapse of fifteen (15) days from receipt by the Register of
Deeds
and by the Administrator of the Land Registration Authority of a notice
of such order or judgment without any appeal having been filed by any
such
officials." chanrobles virtuallaw libraryred
Sec.
2. For the purpose of the preceding
section, Section 5 of Republic Act No. 26 is hereby revived and amended
to read as follows:chanroblesvirtualawlibrary
"Sec.
5. Petitions for reconstitution
from sources enumerated in Sections 2(a), 2(b), 3(a,) and 3(b) of this
Act may be filed with the Register of Deeds concerned by the registered
owner, his assigns, or other person, both natural and juridical, having
an interest in the property. The petition shall be accompanied with the
necessary sources for reconstitution and with an affidavit of the
registered
owner stating, among other things:chanrobles virtuallaw libraryred
"(1) That
no deed or other instrument affecting the property had 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, and whether the
registration
of such deed or instrument is still pending accomplishment; "(2) That
the owner's duplicate certificate or co-owner's duplicate is in due
form
without any apparent intentional alterations or erasures; chanrobles virtuallaw libraryred
"(3) That
the certificate of title is not the subject of litigation or
investigation,
administrative or judicial, regarding its genuineness or due execution
or issuance;
"(4) That
the certificate of title was in full force and effect at the time it
was
lost or destroyed; chanrobles virtuallaw libraryred
"(5) That
the certificate of title is covered by a tax declaration regularly
issued
by the Assessor's Office; and
"(6) That
real estate taxes have been fully paid up to at least two (2) years
prior
to the filing of the petition for reconstitution. "If
the reconstitution is to be made from any of the sources enumerated in
Section 2(b) or 3(b), the affidavit should further state that the
owner's
duplicate has been lost or destroyed and the circumstances under which
it was lost or destroyed. Thereupon, the Register of Deeds shall, no
valid
reason to the contrary existing, reconstitute the certificate of title
as provided in this Act."
Sec.
3. Immediately after the loss
or destruction of titles mentioned in Section 2 hereof, a true,
complete
and faithful inventory of all books, titles, documents, cash and
property
in the Registry of Deeds concerned shall be prepared by the Land
Registration
Authority through the newly designated reconstituting officer or
Register
of Deeds. Said inventory, duly signed and certified under oath by the
Administrator
of the Land Registration Authority, shall be published in a newspaper
of
general circulation in the province or city where the loss or
destruction
of titles occurred.chanrobles virtuallaw libraryred
Sec.
4. All reconstituted titles shall
be reproduced by the Land Registration Authority in at least three
image
copies or in whatever means by which the original can be reproduced,
one
copy to be kept by the Land Registration Authority, the second copy to
be kept by the National Library Archives Division, and the third copy
to
be secured in a government fire-proof vault, preferably in the Security
Printing Plant of the Central Bank. Such image copy of the original
copy
of the reconstituted title shall be considered after due authentication
by the Land Registration Authority, through the Register of Deeds in
the
province or city where the land is located, as a duplicate original,
and
as an authorized source or basis for reconstitution together with the
sources
enumerated in Sections 2 and 3 of Republic Act No. 26.chanrobles virtual law library
Sec.
5. After reconstitution, said
owner's duplicate or co-owner's duplicate exhibited as basis for the
reconstitution
shall be surrendered to the Register of Deeds and a new certificate of
title issued in lieu thereof, the original of which shall be kept by
the
Register of Deeds and the owners duplicate delivered to the registered
owner. chanrobles virtuallaw libraryred
Sec.
6. Section 6 of Republic Act
No. 26 is hereby declared inoperative.cralaw:red
Sec.
7. Section 19 of Republic Act
No. 26 is hereby amended to read as follows:
"Sec.
19. If the certificate of title
considered lost or destroyed, and subsequently found or recovered, is
not
in the name of the same person in whose favor the reconstituted
certificate
of title has been issued, the Register of Deeds or the party concerned
should bring the matter to the attention of the proper regional trial
court,
which, after due notice and hearing, shall order the cancellation of
the
reconstituted certificate of title and render, with respect to the
memoranda
of new liens and encumbrances, if any, made in the reconstituted
certificate
of title, after its reconstitution, such judgment as justice and equity
may require: Provided, however, That if the reconstituted certificate
of
title has been cancelled by virtue of any deed or instrument, whether
voluntary
or involuntary, or by an order of the court, and a new certificate of
title
has been issued, the procedure prescribed above, with respect to the
memorandum
of new liens and encumbrances made on the reconstituted certificate of
title, after its reconstitution, shall be followed with respect to the
new certificate of title, and to such new liens and encumbrances, if
any,
as may have been on the latter, after the issuance thereof."
Sec.
8. The Administrator of the Land
Registration Authority, with the approval of the Secretary of Justice,
shall issue rules, regulations, and circulars as may be necessary and
appropriate
to implement this Act, including but not limited to the following:
(1) The
temporary designation of a reconstituting officer or another Register
of
Deeds;chanrobles virtuallaw libraryred(2) The
submission of monthly periodic status reports on reconstitution
proceedings
and reconstituted titles to the Secretary of Justice and the governor
or
city mayor concerned; and chanrobles virtuallaw libraryred
(3) The
immediate reporting by the reconstituting officer or Register of Deeds
to the Secretary of Justice and the governor or city mayor concerned on
any verified complaint presented to him. chanrobles virtuallaw libraryred
Sec.
9. The Land Registration Authority
Administrator may review, revise, reverse, modify or affirm any
decision
of the reconstituting officer or Register of Deeds. Any appeal shall be
filed within fifteen days from the receipt of the judgment or order by
the aggrieved party.
Sec.
10. Any interested party who
by fraud, accident, mistake or excusable negligence has been unjustly
deprived
or prevented from taking part in the proceedings may file a petition in
the proper court to set aside the decision and to reopen the
proceedings.
The petition shall be verified and must be filed within sixty days
after
the petitioner learns of the decision but not more than six months from
the promulgation thereof. chanrobles virtuallaw libraryred
Sec.
11. A reconstituted title obtained
by means of fraud, deceit or other machination is void ab initio as
against
the party obtaining the same and all persons having knowledge
thereof.cralaw:red
Sec.
12. Any person who by means of
fraud, deceit or other machination obtains or attempts to obtain a
reconstituted
title shall be subject to criminal prosecution and, upon conviction,
shall
be liable for imprisonment for a period of not less than two years but
not exceeding five years or the payment of a fine of not less than
Twenty
thousand pesos but not exceeding Two hundred thousand pesos or both at
the discretion of the court. chanrobles virtuallaw libraryred
Any
public officer or employee who knowingly approves or assists in
securing
a decision allowing reconstitution in favor of any person not entitled
thereto shall be subject to criminal prosecution and, upon conviction,
shall be liable for imprisonment of not less than five years but not
exceeding
ten years or payment of a fine of not less than Fifty thousand pesos
but
not exceeding One hundred thousand pesos or both at the discretion of
the
court and perpetual disqualification from holding public office.cralaw:red
Sec.
13. All acts, laws, decrees,
executive orders, or parts thereof which are inconsistent with any of
the
provisions of this Act are hereby repealed or modified
accordingly. chanrobles virtuallaw libraryred
Sec.
14. This Act shall likewise cover
administrative reconstitution of copies of original certificates of
titles
destroyed by fire, flood or other force majeure within a period of
fifteen
years before the effectivity of this Act.
Sec.
15. This Act shall take effect
upon its publication in three newspapers of general circulation. chanrobles virtuallaw libraryred
Approved:
July 17, 1989
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