The Supreme Court has ruled that a petition for reconstitution of a lost or destroyed land title must be denied if there is insufficient evidence to prove the original existence and issuance of the title. This means that landowners seeking to restore a title must provide compelling documentation and evidence to substantiate their claim that a title was indeed issued and subsequently lost. Without such proof, the courts cannot order the reconstitution, protecting the integrity of the Torrens system of land registration.

Lost and Found? When Incomplete Records Hinder Land Title Reconstitution

This case revolves around Lourdes A. Pascua’s attempt to reconstitute the original certificate of title (OCT) for Lot No. 3209 in Pagsanjan, Laguna. Pascua claimed she inherited the land from her parents, who bought it in 1956. Unfortunately, the original title and related documents were allegedly lost during World War II. When Pascua filed a petition for judicial reconstitution, the Regional Trial Court (RTC) and subsequently the Court of Appeals (CA), denied her request due to insufficient evidence. The Supreme Court was then asked to determine whether Pascua presented enough credible evidence to warrant the reconstitution of the title.

The core issue before the Supreme Court was whether Pascua had sufficiently demonstrated the existence of the original certificate of title and its subsequent loss or destruction, thereby justifying its reconstitution. Reconstitution of title is governed by Republic Act (RA) 26, which lays out specific requirements and procedures for restoring lost or destroyed Torrens titles. Section 2 of RA 26 prioritizes the sources for reconstitution, starting with the owner’s duplicate and moving to other documents like certified copies of the title or authenticated copies of the decree of registration.

SEC. 2. Original certificates of title shall be reconstituted from such of the sources hereunder enumerated as may be available in the following order:
(a) The owner’s duplicate of the certificate of title;
(b) The co-owner’s, mortgagee’s, or lessee’s duplicate of the certificate of title;
(c) A certified copy of the certificate of title, previously issued by the register of deeds or by a legal custodian thereof;
(d) An authenticated copy of the decree of registration or patent, as the case may be pursuant to which the original certificate of title was issued;
(e) A document, on file in the Registry of Deeds by which the property, the description of which is given in said document, is mortgaged, leased or encumbered, or an authenticated copy of said document showing that its original has been registered; and
(f) Any other document which, in the judgment of the court, is sufficient and proper basis for reconstituting the lost or destroyed certificate of title.

Pascua relied on Section 2(f), arguing that the documents she presented, such as certifications from the Land Registration Authority (LRA) and a deed of sale, should be considered sufficient for reconstitution. However, the Supreme Court emphasized that “any other document” under Section 2(f) must be similar to those listed earlier in the section, a principle known as ejusdem generis. The Court found that Pascua’s evidence fell short of establishing the existence of the original title.

A critical piece of evidence, the Deed of Absolute Sale between Serafin Limuaco (the original owner) and Pascua’s parents, stated that the land was not registered under Act No. 496 (the Land Registration Act). This statement directly contradicted Pascua’s claim that the land had a Torrens title. While Pascua presented LRA certifications indicating that Decree No. 412846 was issued for Lot No. 3209, these certifications did not confirm the actual issuance of a certificate of title. The Court noted that the LRA certifications did not mention the number of the original certificate of title or the name of the adjudicatee (the person to whom the land was awarded), further weakening Pascua’s case. The Supreme Court has consistently held that the mere existence of a decree is insufficient for reconstitution if there is no evidence of an actual title issued, as highlighted in Republic v. El Gobierno de las Islas Filipinas.

We also find insufficient the index of decree showing that Decree No. 365835 was issued for Lot No. 1499, as a basis for reconstitution.  We noticed that the name of the applicant as well as the date of the issuance of such decree was illegible.  While Decree No. 365835 existed in the Record Book of Cadastral Lots in the Land Registration Authority as stated in the Report submitted by it, however, the same report did not state the number of the original certificate of title, which is not sufficient evidence in support of the petition for reconstitution.  The deed of extrajudicial declaration of heirs with sale executed by Aguinaldo and Restituto Tumulak Perez and respondent on February 12, 1979 did not also mention the number of the original certificate of title but only Tax Declaration No. 00393.  As we held in Tahanan Development Corp. vs. Court of Appeals, the absence of any document, private or official, mentioning the number of the certificate of title and the date when the certificate of title was issued, does not warrant the granting of such petition.

Pascua also argued that since the Commissioner of Land Registration is responsible for issuing titles based on court decrees, it should be presumed that a title was issued for Lot No. 3209. She cited the rule on the presumption of regularity in the performance of official duty. However, the Court clarified that this presumption is disputable and was successfully overturned by the evidence. The LRA’s inability to produce a copy of the decree or any reference to a title number suggested that no title was ever issued. Furthermore, Limuaco’s statement in the Deed of Absolute Sale that the property was unregistered further undermined this presumption.

Another issue was the discrepancy between Lot No. 3209 and Lot No. 19-pt, which appeared in some of Pascua’s documents. The Deed of Absolute Sale, Deed of Co-owner’s Partition, and tax declarations referred to Lot No. 19-pt, while only the tracing cloth plan and technical description mentioned Lot No. 3209. While Pascua argued that these lots were the same, the lack of consistent identification raised doubts about the exact identity of the property. Even if the lots were the same, the Court reiterated that the absence of proof of an originally issued certificate of title was fatal to Pascua’s petition. Here is a table summarizing the key pieces of evidence and the Court’s assessment:

Document	Content	Court’s Assessment
Deed of Absolute Sale	States land is not registered under Act No. 496	Contradicts claim of Torrens title
LRA Certifications	Decree No. 412846 issued for Lot No. 3209	Does not confirm issuance of certificate of title
Deed of Co-owner’s Partition	Refers to Lot No. 19-pt, not Lot No. 3209	Raises doubts about property identity

The Supreme Court affirmed the lower courts’ decisions, emphasizing the need for caution in granting reconstitution petitions. The Court stressed that all supporting documents must be carefully scrutinized to verify the existence and loss of the title. In essence, the purpose of reconstitution is to reproduce a lost title, not to create one where none existed before. As the Supreme Court pointed out, “The purpose of reconstitution of title is to have the original title reproduced in the same form it was when it was lost or destroyed.”

FAQs

What was the key issue in this case?	The key issue was whether Lourdes Pascua presented sufficient evidence to warrant the judicial reconstitution of a lost original certificate of title for a property she claimed to have inherited. The court examined if the provided documents adequately proved the existence of the original title and its subsequent loss or destruction.
What is reconstitution of title?	Reconstitution of title is the legal process of restoring a lost or destroyed certificate of title to land. It aims to reproduce the original title as it existed before its loss, ensuring that land ownership records remain intact and secure.
What documents are required for reconstitution of title?	Republic Act No. 26 specifies the documents that can be used for reconstitution, prioritizing the owner’s duplicate certificate, co-owner’s duplicate, certified copy of the title, authenticated copy of the decree of registration, or other documents that the court deems sufficient. The law sets a hierarchy of documents that can be used as bases for reconstitution.
What does ejusdem generis mean in relation to RA 26?	The principle of ejusdem generis means that “any other document” under Section 2(f) of RA 26 must be of the same kind or nature as the documents specifically listed in the preceding subsections. This means that the other documents must be similar in character and reliability to the primary documents mentioned in the law.
Why was the Deed of Absolute Sale crucial in this case?	The Deed of Absolute Sale was crucial because it contained a statement that the land was not registered under Act No. 496, contradicting Pascua’s claim that the land had a Torrens title. This admission undermined the foundation of her petition for reconstitution.
What was the significance of the LRA certifications?	The LRA certifications indicated that Decree No. 412846 was issued for Lot No. 3209, but they did not confirm the actual issuance of a certificate of title. The absence of any reference to a title number or the name of the adjudicatee weakened Pascua’s case.
What is the effect of a tax declaration on land ownership?	A tax declaration is not conclusive evidence of ownership but can be considered as supporting evidence. It only proves that the declared owner has been paying taxes on the property, not that they are the rightful owner.
What should landowners do to prevent issues with land titles?	Landowners should ensure that their land titles are properly registered and kept in a safe place. They should also regularly update their records with the Registry of Deeds and pay their real property taxes to avoid any legal complications.

The Supreme Court’s decision underscores the importance of maintaining accurate and complete land records. It serves as a reminder that reconstitution of title requires solid proof of the title’s original existence. Landowners should diligently preserve their documents and seek legal assistance when facing issues with their land titles.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: LOURDES A. PASCUA vs. REPUBLIC OF THE PHILIPPINES, G.R. No. 162097, February 13, 2008