Title Reconstitution

Background: Properties in the PH have two titles: one kept by the RD (the ORIGINAL) and a second copy held by the owner (the DUPLICATE; so if you read your title, it says "Owner's Duplicate"). Two copies are made so that, if either the RD or the Owner lost their copy, the other could show their copy and prove ownership. Owners need both copies to sell/mortgage properties.

Last Friday, we tackled what to do when someone loses his title. But what if the Registry of Deeds (RD) loses theirs? Such was the case in Quezon City (QC) back in 1988.

The QC RD burned down in 1988, and along with it were all the property titles in their possession. To rectify this problem, the RD allowed the ADMINISTRATIVE "RECONSTITUTION" (AR) of the title.

(If the owner lost his copy, it's called "RE-ISSUANCE.")

ADMINISTRATIVE is in all caps to distinguish it from a JUDICIAL Reconstitution (JR). The difference between the two is that JR requires a court appearance, while AR does not require a court appearance. AR is only allowed if the RD loses a significant number of titles.

JR involves the owner submitting a Petition for the JR of the lost title, appearing in court and proving that the property is theirs, and waiting for the judge to decide if it will allow the recon.

AR Example

The QC LGU was hurrying to fix the problem, so they allowed the AR of titles. They asked all owners of properties in QC to surrender their titles so they could make copies. After, the titles were given back to the owners with a "Section 7" annotation, which in a way, says:

"WARNING: the RD lost its title copy, and their current copy was merely copied from this title. They're unsure if the names stated here are the real owners."

If, after two years from the AR, no one claims ownership, then the owner may file a petition in court for removing the annotation (the process of which is similar to a JR).

Side note: not everyone surrendered their titles with the RD, either because they didn't know or didn't bother. This is a reason why land grabbing is prevalent in QC.

Next week: WHAT IF both the owner AND the RD lost their copies of the title? 🤦🏻‍♂️

Happy long weekend!