Case Title: RP v HEIRS OF JULIO RAMOS accompanied with a plan and technical description of the property duly approved
nical description of the property duly approved by the Chief of
GR Number and Date: G.R. No. 169481 - Feb 22, 2010
Author: Santiago, Arnel A.
Ponente: DEL CASTILLO,
Doctrine:
- Section 2(f) of RA 26 speaks of any other document, the same must refer to similar documents previ-
ously enumerated therein, that is, those mentioned in Sections 2(a), (b), (c), (d), and (e). Also, the
survey plan and technical description are not competent and sufficient sources of reconstitution when
the petition is based on Section 2(f) of RA 26. They are mere additional documentary requirements
- The non-submission of an affidavit of loss by the person who was allegedly in actual possession of OCT
No. 3613 at the time of its loss, casts doubt on respondents claim that OCT No. 3613 once existed and
subsequently got lost. Under Section 109 of Presidential Decree No. 1529,[ the owner must file with the
proper Registry of Deeds a notice of loss executed under oath. Here, despite the lapse of a consider-
able length of time, the alleged owners of Lot 54 or the persons who were in possession of the same,
i.e., respondents grandparents, never executed an affidavit relative to the loss of OCT No. 3613.
- RA 26 It confers jurisdiction upon trial courts to hear and decide petitions for judicial reconstitution.
However, before said courts can assume jurisdiction over the petition and grant the reconstitution
prayed for, the petitioner must observe certain special requirements and mode of procedure pre-
scribed by law.
Name of the parties:
Petitioner: RP (public) and Reynaldo (private)
Respondent: Heirs
Third person:
- - Julio Ramos, predecessor in interest
Applicable Articles:
- SEC. 12. Petitions for reconstitution from sources enumerated in Sections 2(c), 2(d), 2(e), 2(f), 3(c),
3(d), 3(e), and/or 3(f) of this Act, shall be filed with the [Regional Trial Court], by the registered owner,
his assigns, or any person having an interest in the property. The petition shall state or contain, among
other things, the following: (a) that the owners duplicate of the certificate of title had been lost or
destroyed; (b) that no co-owners, mortgagees, or lessees duplicate had been issued, or, if any had
been issued, the same had been lost or destroyed; (c) the location area and boundaries of the prop-
erty (d) the nature and description of the building or improvements, if any, which do not belong to
the owner of the land, and the names and addresses of the owners of such buildings or improve-
ments; (e) the names and addresses of the occupants or persons in possession of the property, of the
owners of the adjoining properties and of all persons who may have any interest in the property; (f)
a detailed description of the encumbrances, if any, affecting the property; and (g) a statement that
no deeds or other instruments affecting the property have been presented for registration, or if there
be any, the registration thereof has not been accomplished, as yet. All the documents, or authenti-
cated copies thereof, to be introduced in evidence in support of the petition for reconstitution shall
be attached thereto and filed with the same: Provided, That in case the reconstitution is to be made
exclusively from sources enumerated in Section 2(f) or 3(f) of this Act, the petition shall be further
the General Land Registration Office or with a certified copy of the description taken from a prior
certificate of title covering the same property.
- SEC. 2. Original certificates of title shall be reconstituted from such of the sources hereunder enumer-
ated as may be available in the following order
(a) The owners duplicate of the certificate of title;
(b) The co-owners, mortgagees, or lessees 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 doc-
ument 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.
- Under Section 109 of Presidential Decree No. 1529,[ the owner must file with the proper Registry of
Deeds a notice of loss executed under oath.
Facts:
- Julio Ramos is the original claimant of Lot No. 54 of the Cadastral Survey of Orani, Bataan.
- Land Registration Authority issued a Certification to the effect that Lot No. 54 of Orani Cadastre,
Bataan was issued Decree No. 190622 on September 29, 1925.
- Acting Registrar of Deeds of Bataan likewise issued a Certification to the effect that OCT No. 3613
covering Lot No. 54 of Orani Cadastre is not among the salvaged records of the said Registry; the
owners copy of OCT No. 3613 was lost and all efforts exerted to locate the same are in vain;
- Heirs secured a Lot Data Computation from the Bureau of Lands wherein it is shown that Julio Ramos
is the claimant of Lot No. 54 of Orani Cadastre.
- Heirs filed a reconstitution case so that OCT No. 3613 may be reconstituted on the basis of the ap-
proved plan and technical descriptions and the Lot Data Computation.
- Private Respondent Reynaldo Ramos Medina (Reynaldo), a 62-year old watch technician, testified
on the material allegations of the petition, as well as on the appended annexes. He likewise declared
on the witness stand that his mother used to keep the owners copy of OCT No. 3613. During the
Japanese occupation, however, it was buried in a foxhole and since then it could no longer be
found. Reynaldo further testified that he and his co-heirs are the present occupants of Lot 54. He was
not cross-examined by the public prosecutor, who was then representing the petitioner.
RULING OF LOWER COURTS:
RTC - granted the reconstitution
CA - affirmed.
Contention of HEIRS
- Respondents predicate their Petition for Reconstitution on Section 2(f) of RA 26. To comply to such,
respondents presented survey plan, technical description, Certification issued by the Land Registra-
tion Authority, Lot Data Computation, and tax declarations.
-
ISSUES:
 - Also, the survey plan and technical description are not competent and sufficient sources of reconsti-
- Whether jurisdiction was acquired by RT C - No. tution when the petition is based on Section 2(f) of RA 26. They are mere additional documentary
- Whether reconstitution is valid - No requirements.
- With regard to the other Certification issued by the Registry of Deeds of Balanga City, it cannot be
RULING: deduced therefrom that OCT No. 3613 was actually issued and kept on file with said office.
- The non-submission of an affidavit of loss by the person who was allegedly in actual possession of OCT
NO JURISDICTION - No. 3613 at the time of its loss, casts doubt on respondents claim that OCT No. 3613 once existed and
subsequently got lost. Under Section 109 of Presidential Decree No. 1529,[ the owner must file with the
- Basis is Section 12 (see Applicable Articles section) - RA 26 It confers jurisdiction upon trial courts to proper Registry of Deeds a notice of loss executed under oath. Here, despite the lapse of a consider-
hear and decide petitions for judicial reconstitution. However, before said courts can assume jurisdic- able length of time, the alleged owners of Lot 54 or the persons who were in possession of the same,
tion over the petition and grant the reconstitution prayed for, the petitioner must observe certain i.e., respondents grandparents, never executed an affidavit relative to the loss of OCT No. 3613.
special requirements and mode of procedure prescribed by law.
- The strict and mandatory requirements of RA 26, particularly Section 12 (b) and (e) thereof, have been RATIO: WHEREFORE, the instant petition is hereby GRANTED. The August 31, 2005 Decision of the Court of
faithfully complied with, would reveal that it did not contain an allegation that no co-owners, mort- Appeals in CA-G.R. CV No. 75345 is hereby REVERSED and SET ASIDE. The Petition for Reconstitution filed
gagees or lessees duplicate had been issued or, if any had been issued, the same had been lost or by the respondents is DISMISSED.
destroyed. The petition also failed to state the names and addresses of the present occupants of Lot
54. Correspondingly, the Notice of Hearing issued by the court a quo did not also indicate the names
of the occupants or persons in possession of Lot 54, in gross violation of Section 13 of RA 26. Because
of these fatal omissions, the trial court never acquired jurisdiction over respondents petition. Conse-
quently, the proceedings it conducted, as well as those of the CA, are null and void.
- The petition also failed to state the names and addresses of the present occupants of Lot 54. Corre-
spondingly, the Notice of Hearing issued by the court a quo did not also indicate the names of the
occupants or persons in possession of Lot 54, in gross violation of Section 13 of RA 26. Because of these
fatal omissions, the trial court never acquired jurisdiction over respondents petition. Consequently, the
proceedings it conducted, as well as those of the CA, are null and void.

Failure to present competent source of reconstitution

- Under the principle of ejusdem generis, where general words follow an enumeration of persons or
things by words of a particular and specific meaning, such general words are not to be construed in
their widest extent, but are to be held as applying only to persons or things of the same kind or class
as those specifically mentioned.
- Heirs predicate their Petition for Reconstitution on Section 2(f) of RA 26. And to avail of its benefits,
respondents presented survey plan,[ technical description, Certification issued by the Land Registra-
tion Authority, Lot Data Computation, and tax declarations.[ Unfortunately, these pieces of documen-
tary evidence are not similar to those mentioned in subparagraphs (a) to (e) of Section 2 of RA 26,
which all pertain to documents issued or are on file with the Registry of Deeds. Hence, respondents
documentary evidence cannot be considered to fall under subparagraph (f).
- Section 2(f) of RA 26 speaks of any other document, the same must refer to similar documents previ-
ously enumerated therein, that is, those mentioned in Sections 2(a), (b), (c), (d), and (e).

- Tax declaration can only be prima facie evidence of claim of ownership, which, however, is not the
issue in a reconstitution proceeding. A reconstitution of title does not pass upon the ownership of land
covered by the lost or destroyed title but merely determines whether a re-issuance of such title is
proper.