Dealing with a lost or destroyed original land title can be a daunting task for many Filipinos. Fortunately, the law provides a mechanism called the administrative reconstitution of title to address this issue without always needing to go to court.
What is Administrative Reconstitution of Title?
Reconstitution refers to the legal restoration of a land title that was lost, burned, or destroyed while in the custody of the Register of Deeds.
Under Republic Act No. 6732, administrative reconstitution is possible when the number of certificates lost or destroyed in the Registry of Deeds is at least ten percent (10%) of the total number of titles.
Who Can File for Title Restoration?
You can file for a reconstitution of title in the Philippines if the original copy kept by the Register of Deeds was lost or destroyed, but you still possess the owner's duplicate copy.
To begin the process, you will typically need:
A verified petition for reconstitution.
The original owner’s copy of the TCT or OCT.
Official proof that the title was indeed destroyed reconstitution of title philippines in the registry.
Evidence of settled property taxes.
The Process of Administrative Reconstitution
To ensure your title is restored correctly, you must adhere to the following steps:
Submission: Submit your verified petition and supporting documents to the local Registry of Deeds.
Notice: Notice of the petition may be posted reconstitution of title or published to ensure there are no adverse claims.
Approval: Once satisfied, the authority grants the restoration of the title.
Issuance: A new original title is created and filed in the registry's archives.
Why Professional administrative reconstitution of title Guidance reconstitution of title philippines is Recommended
While the administrative reconstitution of title is designed to be simpler than a court case, it still involves technical legalities.
Property owners administrative reconstitution of title are often advised to consult with a real estate lawyer or a title specialist to ensure a smooth transition.
Final Thoughts
Restoring a lost title is crucial for any future transactions, such as selling or mortgaging the property.