“Registry copies with the titles are protected from decline or destruction resulting from age, put on and tear, fire, purely natural disasters, and misfiling of records, as the eTitles are stored in its electronic initial variety, which can be on a regular basis backed up.
Portion 22. Every petition filed Along with the court less than this Act shall be sworn to by the petitioner or the person performing in his behalf and filed and entitled during the land registration or cadastral scenario in which the decree of registration was entered. Should the petition pertains to a certification of title at first issued under the provisions of section just one hundred twenty-two of Act Numbered 4 hundred and ninety-six as well as the home continues to be A part of a cadastral study, the petition shall be submitted while in the corresponding cadastral case: Delivered, having said that, That where by the house has not been A part of a cadastral survey, or where by the land registration or cadastral scenario continues to be misplaced or destroyed and/or maybe the number thereof can't be discovered, the petition shall be filed in the Distinctive case to generally be entitled "Special proceedings for reconstitution of lost certificate of title."
We are not able to strain sufficient that our jurisprudence is replete with rulings concerning the obligatory character of the necessities of R.A. No. 26. As early as 1982, we ruled:
Property is probably the greatest investments individuals make within their lifetime. A very powerful element of real estate ownership is definitely the home title, without the need of which the property might not be lawfully yours.
Preserve the land title in a secure and protected place in the shape of a hearth-evidence Secure, water-proof chest, or a vault.
If the first title While using the registry of deeds obtained missing or destroyed, then reconstitution of your title can be essential. This may be possibly by means of an administrative reconstitution (in case of a substantial loss of titles inside the RD) or even a judicial reconstitution (just in case the RD copy with the title is shed or destroyed, but no administrative reconstitution is critical as determined by the LRA).
Each of the documents, or authenticated copies thereof, being launched in evidence in aid on the petition for reconstitution shall be attached thereto and filed Along with the exact: Presented, That in the event that the reconstitution is always to be designed exclusively from resources enumerated in part 2(file) of 3(file) of this Act, the petition shall be further more be accompanied by using a strategy and technological description in the assets duly permitted from the Main of the General Land Registration Business office, or that has a Licensed duplicate of the description taken from a prior certification of title masking the identical assets.
You may well be needed to seem in courtroom being a witness but only legal professionals are predicted to appear in most hearings
Exactly what are samples of these " Some other doc which, within the judgment with the court, is enough and proper foundation for reconstituting the lost or destroyed certification of title."? Reply
A duplicate from the recognize to become sent, by registered mail or usually, at the expenditure with the petitioner, to every individual named therein whose handle is understood, not less than thirty days ahead of the day of Listening to.
The deed of transfer or other doc, on file during the registry of deeds, containing the description from the house, or an authenticated duplicate thereof, demonstrating that its original had been registered, and pursuant to which the misplaced or destroyed transfer certificate of title was issued;
> The limitation that reconstitution of title needs to be limited to the certification because it stood at the time of its reduction or destruction has reference only to adjustments which alter or have an affect on title on the registered owner instead of to mere liens and also other encumbrances
Judicial Reconstitution of Title requirements are a tad extra flexible but when This is often your only proof this is rather dangerous.
Where by the approach as submitted is Accredited by The federal government agency which issued the divorce in us but married in the philippines identical, it's sufficient which the technological description be well prepared by a duly certified Geodetic Engineer on the basis of reported Accredited program.