[av_one_full first min_height=” vertical_alignment=” space=” custom_margin=” margin=’0px’ padding=’0px’ border=” border_color=” radius=’0px’ background_color=” src=” background_position=’top left’ background_repeat=’no-repeat’ animation=”]
[av_heading heading=’ABOVE THE LAW ‘ tag=’h3′ style=’blockquote modern-quote’ size=” subheading_active=’subheading_below’ subheading_size=’15’ padding=’10’ color=” custom_font=” av-medium-font-size-title=” av-small-font-size-title=” av-mini-font-size-title=” av-medium-font-size=” av-small-font-size=” av-mini-font-size=” admin_preview_bg=”]
BY AYIN DREAM D. APLASCA
[/av_heading]
[av_textblock size=” font_color=” color=” av-medium-font-size=” av-small-font-size=” av-mini-font-size=” admin_preview_bg=”]
THE PLAN was to leave my laptop at home for me to concentrate on all my readings left in the office while on vacation.
I was thinking that on the first week of January I will finish all the unfinished business of the previous year. However, as I prepared my things for office someone sent me a message via e-mail asking about his lost certificate of land title. And I thought I needed my laptop for the petition.
The next thing I knew, I was sending him a response to meet me in the office to talk about his concern. Well, this was not my first time to handle this kind of case. The last time I encountered this was when someone lost her copy; it was eaten by termites.
Every person presents different facts; thus, different solutions are needed to resolve the problem. In the present case, I haven’t heard his facts yet. Just let me share to you a discussion when your land title is lost or destroyed.
This situation involves reconstitution of the certificate of title to reconstruct the land title in custody of the Registry of Deeds (ROD).
There are two modes of doing this, to wit: judicial and administrative.
Under Section 12, Republic Act (RA) 26 (Reconstitution of Land Titles), the judicial mode is the general mode applicable to all cases of reconstitution. It requires filing a petition in the proper Regional Trial Court (RTC). To be directed accordingly, seek the legal advice and services of a lawyer so that you will be guided in the preparation of your petition as well as the required attachments and other processes.
Take note that the notice of petition must also be published twice in successive issues in the Official Gazette, posted on the main entrance of the provincial and municipal building where the land is situated and sent by registered mail or otherwise to all persons named in the petition.
Under Section 110, Presidential Decree No. 1529 as amended by RA No. 6732, the administrative mode will only require filing a petition with the ROD. This may only be availed in case of substantial loss or destruction of land titles due to fire, flood or other force majeure as determined by the Land Registration Authority (LRA).
Also, the petitioner must present all the required documents. This includes the owner’s duplicate of the certificate of title; or the co-owner’s, mortgagee’s, or lessee’s duplicate of the certificate of title, if any, to support his petition. All conditions must be present because if not, then resort to judicial mode.
The administrative mode is simpler and advisable compared to the judicial mode. However, as what I always say to my clients, it is better to inquire from the ROD concerning the circumstances related to the loss or destruction of their certificate title.
Well, I guess 2018 welcomes me with this case.
***
(Atty. Ayin Dream D. Aplasca practices her profession in Iloilo City. She may be reached thru ayindream.aplasca@gmail.com/PN)
[/av_textblock]
[/av_one_full]
