Extrajudicial settlement of estate.

— When a deed of extrajudicial settlement has been

duly registered, the Register of Deeds shall annotate
on the proper title the two-year lien mentioned in
Section 4 of Rule 74 of the Rules of Court.

Subject to
Section 4 of Rule 74
 PETITION TO CANCEL SEC. 4 ANNOTATION

Upon the expiration of the two-year period and presentation of a

verified petition by the registered heirs, devisees or legatees or any
other party in interest that no claim or claims of any creditor, heir or
other person exist, the Register of Deeds shall cancel the two-year lien
noted on the title without the necessity of a court order. The verified
petition shall be entered in the Primary Entry Book and a memorandum
thereof made on the title.

Subject to
Section 4 of Rule 74
 Publication for 3 weeks
No deed of extrajudicial settlement or affidavit of
adjudication shall be registered unless the fact of
extrajudicial settlement or adjudication is published
once a week for three consecutive weeks in a
newspaper of general circulation in the province and
proof thereof is filed with the Register of Deeds.

The proof may consist of the certification of the

publisher, printer, his foreman or principal clerk, or of
the editor, business or advertising manager of the
newspaper concerned, or a copy of each week's issue
of the newspaper wherein the publication appeared.

AFFIDAVIT OF PUBLICATION
Section 108. Amendment and alteration of certificates.

No erasure, alteration, or amendment shall be made upon the registration

book after the entry of a certificate of title or of a memorandum thereon and
the attestation of the same be Register of Deeds, except by order of the
proper Court of First Instance.

erasure, alteration, or amendment

A registered owner of other person having an interest in
registered property, or, in proper cases, the Register of
Deeds with the approval of the Commissioner of Land
Registration, may apply by petition to the court upon the
ground that the registered interests of any description,
whether vested, contingent, expectant or inchoate appearing
on the certificate, have terminated and ceased; or that new
interest not appearing upon the certificate have arisen or
been created; or that an omission or error was made in
entering a certificate or any memorandum thereon, or,
on any duplicate certificate; or that the same or any person omission or
on the certificate has been changed; error
 Registration of orders of court, etc.

— If an attachment is continued, reduced, dissolved,

or otherwise affected by an order, decision or
judgment of the court where the action or
proceedings in which said attachment was made is
pending or by an order of a court having jurisdiction
thereof, a certificate of the entry of such order,
decision or judgment from the clerk of court or the
judge by which such decision, order or judgment has
been rendered and under the seal of the court, shall
be entitled to be registered upon presentation to the
Register of Deeds.[ Sec. 73 ]
 Dissolution, etc. of attachments, etc.

— Attachments and liens of every description

upon registered land shall be continued, reduced,
discharged and dissolved by any method
sufficient in law, and to give effect to the
continuance, reduction, discharge or dissolution
thereof the certificate or other instrument for that
purpose shall be registered with the Register of
Deeds.
[ Sec. 72 ]
 Extrajudicial settlement of estate
• Section 86. When a deed of extrajudicial settlement has
been duly registered, the Register of Deeds shall annotate
on the proper title the two-year lien mentioned in Section 4
of Rule 74 of the Rules of Court. Upon the expiration of the
two-year period and presentation of a verified petition by
the registered heirs, devisees or legatees or any other party
in interest that no claim or claims of any creditor, heir or
other person exist, the Register of Deeds shall cancel the
two-year lien noted on the title without the necessity of a
court order. The verified petition shall be entered in the
Primary Entry Book and a memorandum thereof made on
the title.
 Amendment or Correction of title

• Section 108 PD 1529. Amendment and alteration of

certificates. No erasure, alteration, or amendment shall be
made upon the registration book after the entry of a
certificate of title or of a memorandum thereon and the
attestation of the same be Register of Deeds, except by order
of the proper Court of First Instance.
 Remedy when the owner’s copy is lost
Replacement/Re-issuance

• Section 109 PD 1529. Notice and replacement of lost

duplicate certificate. In case of loss or theft of an owner's
duplicate certificate of title, due notice under oath shall be
sent by the owner or by someone in his behalf to the Register
of Deeds of the province or city where the land lies as soon as
the loss or theft is discovered. If a duplicate certificate is lost
or destroyed, or cannot be produced by a person applying for
the entry of a new certificate to him or for the registration of
any instrument, a sworn statement of the fact of such loss or
destruction may be filed by the registered owner or other
person in interest and registered.
 RECONSTITUTION OF TITLES

• 1. Judicial Reconstitution under Republic Act No.

26
- Is the restoration of the instrument or title allegedly lost or destroyed in its
original form and condition

- Petition shall be accompanied by necessary sources of the reconstitution (Sec

2 and 10 RA 26)
Reconstitution of registered interest. Lien or
encumbrances
May be filed when the cert of title affected has not been totally destroyed.

• Publication in the Official Gazette

• Annotation of Sec 7 RA 26 on the certificate of title
 Reconstitution (Original title)

• Section 110 PD 1529. Reconstitution of lost or

destroyed original of Torrens title. Original copies of
certificates of title lost or destroyed in the offices of
Register of Deeds as well as liens and encumbrances
affecting the lands covered by such titles shall be
reconstituted judicially in accordance with the
procedure prescribed in Republic Act No. 26 insofar
as not inconsistent with this Decree.
• Notice of all hearings of the petition for judicial
reconstitution shall be given to the Register of
Deeds of the place where the land is situated and
to the Commissioner of Land Registration. No order
or judgment ordering the reconstitution of a
certificate of title shall become final until the lapse
of thirty days from receipt by the Register of Deeds
and by the Commissioner of Land Registration of a
notice of such order or judgment without any
appeal having been filed by any of such officials.
 Sources of Reconstitution (Sec. 2 RA 26)

• (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 had been registered;
and

• (f) Any other document which, in the judgment of the court, is

sufficient and proper basis.
 Sec. 6 RA 26 (INOPERATIVE)
• Section 6. The register of deeds may motu
propio reconstitute a certificate of title from its
corresponding owner's duplicate, and, for this
purpose, may compel the registered owner, or
any person holding such owner's duplicate, to
surrender the same to the registry of deeds.
After the reconstitution said owner's duplicate
shall be returned to the person concerned.
(Note: declared inoperative by RA 6732)
 Sec 7 R.A. 26

• Section 7. Reconstituted certificates of title shall have

the same validity and legal effect as the originals
thereof: Provided, however, That certificates of title
reconstituted extrajudicially, in the manner stated in
sections five and six hereof, shall be without prejudice
to any party whose right or interest in the property was
duly noted in the original, at the time it was lost or
destroyed, but entry or notation of which has not been
made on the reconstituted certificate of title. This
reservation shall be noted as an encumbrance on the
reconstituted certificate of title.
 Administrative Reconstitution (RA 6732)

• Is the putting together again/restore/reconstitute the original

copies of Original Certificates of title that were lost or
destroyed due to FIRE, FLOOD OR OTHER natural calamities
without the necessity of Court proceeding.
• It may be availed of ONLY in case of substantial loss or
destruction of land titles, due to fire, flood or other force
majeure where the number of certificates of title lost or
damaged is at least:
• 1. 10 % of the total number of title in the custody of Reg of
Deeds
• 2. the number of lost or damaged titles shall not be less
than 500
• Reconstitution does not permit placing it in
altered form.
• The purpose of reconstitution of title is to have,
after observing the procedures prescribed by law,
the title reproduced in exactly the same way it
has been when the loss or destruction occurred.
• This being the purpose, the person who seeks a
reconstitution of title over a property may not in
filing the petition seek the change of ownership.