Reconstitution of lost original copy of a certificate of title
For: CustomsWeek Desk - 11/28/99
attn: Inday Varona / Mitos Garcia
c/o Bobby Nazareno
fax no - 5275349
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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 said, 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 in his explanatory note 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.
Committee Report (CR) No. 490 also recommended that the purchase privileges be made within 5 days from date of arrival of the balikbayan, provided that said privilege be availed of on a one-time shopping basis. However, during Christmas season which is reckoned from November 15 to January 15, the tax-free shopping privileges will be extended to 7 days.
A minor balikbayan will also be entitled purchase privilege up to US$250 worth of purchase for every child.
“Granting such privileges and benefits to the Filipinos abroad and the OFWs upon their return to the country could definitely boost our tourism industry,” Manila Rep. Rosenda Ann M. Ocampo, house tourism committee chairperson explained.
-30-
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 said, 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 in his explanatory note 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.
Committee Report (CR) No. 490 also recommended that the purchase privileges be made within 5 days from date of arrival of the balikbayan, provided that said privilege be availed of on a one-time shopping basis. However, during Christmas season which is reckoned from November 15 to January 15, the tax-free shopping privileges will be extended to 7 days.
A minor balikbayan will also be entitled purchase privilege up to US$250 worth of purchase for every child.
“Granting such privileges and benefits to the Filipinos abroad and the OFWs upon their return to the country could definitely boost our tourism industry,” Manila Rep. Rosenda Ann M. Ocampo, house tourism committee chairperson explained.
-30-
posted by brodkaster43 at
7/19/2006 10:48:00 AM
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