Reconstitution

Reconstitution is the restoration of the instrument or title allegedly lost or destroyed in its original form and condition (Anciano vs. Caballes, 93 Phil 876).

For an order of reconstitution to issue, the following elements must be present:
1. That the certificate of title has been lost or destroyed
2. That the petititoner is the registered owner or has an interest therein
3. That the certificate of title was in force at the time it was lost or destroyed ( Chinest Nationalist Party vs. Bermundo, CA-44100-R, December 11, 1972).

Reconstitution of the original copies of instruments or titles may be done administratively or through the courts. Administrative reconstitution used to be governed by Republic Act No. 26 approved on September 25, 1926. However, due to anomalies resulting from this manner of reconstitution, the procedure was abrogated by Section 110 of PD 1529. At present, administrative reconstitution is governed by Republic Act No. 6732 as approved on July 20, 1989. Judicial reconstitution, is governed by P.D. 1529 which took effect on its approval on June 11, 1978.

NOTE: Reconstitution of title refers to original certificates of title on file with the Registry of Deeds not to the owner's duplicate copy of the certificate of title.