By virtue of the recent decision of the Supreme Court in "Register of Deeds of Malabon, Metro Manila, vs. Hon. Regional Trial Court, Malabon, Metro Manila, Br. 170", G.R. No. 88623, promulgated on February 5, 1990, the Register of Deeds is not the proper party to file petition for reconstitution of lost or destroyed original copies of certificates of title , as follows:
"Apart from the defective publication of the petition, another reason for its dismissal is that the REgister of Deeds for Malabon is not the proper party to file the petition for reconstitution.Sec. 6 of Rep. Act No. 26, which allowed the Register of Deeds to motu propio reconstitute a lost or destroyed certificate, was expressly repealed or declared to be 'inoperative' by Sec. 6 of Rep. Act No. 6732, approved on July 17, 1989. A petition for reconstitution may now be filed only by 'the registered owner, his assigns, or any person who has an interest in the property' (Sec. 12, Rep. Act No. 26). In other respects, the special procedure provided in Rep. Act No. 26 remains unchanged and thereefore still applies." (Zuniga vs. Vicencio, 153 SCRA 720)
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