HASTENING THE RECONSTITUTION OF TORRENS CERTIFICATE URGED
For: CustomsWeek Desk - 03/15/2000
attn: Inday Varona / Mitos Garcia
c/o Bobby Nazareno
fax no - 5275349
--------------------------
by: Terence Mordeno Grana
THE HOUSE of Representatives’ Committee on Justice has recommended the passage of the measure that seeks to empower the Register of Deeds to institute a judicial action or to be deemed a party-in-interest to institute a judicial action to reconstruct or reconstitute a lost or destroyed original copy of a certificate of title kept in his office.
In a report submitted to House Speaker Manuel B. Villar, Jr., the panel endorsed the approval of House Bill (HB) No. 9890 which is expected to hasten the administration of land registration proceedings especially in cases of loss or destruction of the original certificates of title in the custody of the Register of Deeds.
The Bill, a consolidation of HB 1400 introduced by Camiguin Representative (Rep.) Jesus Jurdin M. Romualdo, HB 6580 of Mandaluyong Rep. Neptali M. Gonzales II and HB 7476 authored by Tarlac Rep. Benigno S. Aquino III, also authorizes the expenses to be borne by the government in the reconstitution of the original copies of certificates of title lost or detroyed while in possession of any government agency.
In filing his proposal, Rep. Romualdo urged the necessity of passing a law in view of the decision of the Supreme Court in the case of “Register of Deeds vs. Hon. Regional Trial Court, Malabon, Metro Manila, Branch 170”, G.R. No. 88623, which held that “the Register of Deeds is not a proper party to file a petition for reconstitution of lost or destroyed original copies of certificates of title.”
While there appears to be an error in construing the above case of judicial reconstitution as one involving administrative reconstitution, the measure, Romualdo stressed in his explanatory note, would once and for all settle the power of the Register of Deeds to institute judicial reconstitution which is necessary for a more responsive adminstration of land registration proceedings.
Romualdo maintained that the Land Registration Authority (LRA) should be allowed to file a petition for reconstitution particularly when the certificate of titles were lost or destroyed due to unavoidable circumstances and without any fault on the part of the owner especially when the files are under the care of the Register of Deeds.
The solon said that “it would be unfair and unjust for the land owner to shoulder such expenses when the loss or destruction actually happened in the Office of the Register of Deeds, considering the cost involved in reconstituting a lost or destroyed certificate of title, as well as the time and efforts that need to be exerted.”
Committee Report (CR) No. 652 also provides free legal services to the petitioner in connection with the judicial action for reconstitution of lost or destroyed original copy of a certificate.
The committee is expected to sponsor the report in plenary deliberations before Congress adjourns on April 16.
attn: Inday Varona / Mitos Garcia
c/o Bobby Nazareno
fax no - 5275349
--------------------------
by: Terence Mordeno Grana
THE HOUSE of Representatives’ Committee on Justice has recommended the passage of the measure that seeks to empower the Register of Deeds to institute a judicial action or to be deemed a party-in-interest to institute a judicial action to reconstruct or reconstitute a lost or destroyed original copy of a certificate of title kept in his office.
In a report submitted to House Speaker Manuel B. Villar, Jr., the panel endorsed the approval of House Bill (HB) No. 9890 which is expected to hasten the administration of land registration proceedings especially in cases of loss or destruction of the original certificates of title in the custody of the Register of Deeds.
The Bill, a consolidation of HB 1400 introduced by Camiguin Representative (Rep.) Jesus Jurdin M. Romualdo, HB 6580 of Mandaluyong Rep. Neptali M. Gonzales II and HB 7476 authored by Tarlac Rep. Benigno S. Aquino III, also authorizes the expenses to be borne by the government in the reconstitution of the original copies of certificates of title lost or detroyed while in possession of any government agency.
In filing his proposal, Rep. Romualdo urged the necessity of passing a law in view of the decision of the Supreme Court in the case of “Register of Deeds vs. Hon. Regional Trial Court, Malabon, Metro Manila, Branch 170”, G.R. No. 88623, which held that “the Register of Deeds is not a proper party to file a petition for reconstitution of lost or destroyed original copies of certificates of title.”
While there appears to be an error in construing the above case of judicial reconstitution as one involving administrative reconstitution, the measure, Romualdo stressed in his explanatory note, would once and for all settle the power of the Register of Deeds to institute judicial reconstitution which is necessary for a more responsive adminstration of land registration proceedings.
Romualdo maintained that the Land Registration Authority (LRA) should be allowed to file a petition for reconstitution particularly when the certificate of titles were lost or destroyed due to unavoidable circumstances and without any fault on the part of the owner especially when the files are under the care of the Register of Deeds.
The solon said that “it would be unfair and unjust for the land owner to shoulder such expenses when the loss or destruction actually happened in the Office of the Register of Deeds, considering the cost involved in reconstituting a lost or destroyed certificate of title, as well as the time and efforts that need to be exerted.”
Committee Report (CR) No. 652 also provides free legal services to the petitioner in connection with the judicial action for reconstitution of lost or destroyed original copy of a certificate.
The committee is expected to sponsor the report in plenary deliberations before Congress adjourns on April 16.
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7/19/2006 10:52:00 AM
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