Reconstitution of Court and official records generally

Media

Part of The Lawyers Journal

Title
Reconstitution of Court and official records generally
Language
English
Year
1960
Subject
Philippines -- Law and legislation.
Republic Act No. 3110.
Republic Act No. 441.
Rights
In Copyright - Educational Use Permitted
Fulltext
RECONSTITUTION OF COURT AND OFFICIAL RECORDS GENERALLY* PUBLIC ACT NO. 3110 (Effective Mareh 19, 1923) Section 1. Records o/ Court of First Inatama tH.Woued: duty "-' """'~ As soon as praetit!able after the oceurrenee of any fire or other public calamity resulting in the loss of all or part of the records of judicial proceedtnp on file In the offit?e of the clerk of a Col.rt of Fi:rat Instance, said officer lhall send a notice by registered mail to the SeeretarJ of Justiee, the Attorney.General, the Direetor of Lands, the Chief of the General Land Registration ·Of. lice, tho clerk Ot the Supreme Court, the judge of the pl'07inee, the regiatei· of deeds of the pl'OYince, the proYineial fiscal, and all lawyers who may be int"ereated. stating the date on whteh such fire or public ealamity occurred and whether the loss or destruction waa total or partial, and givinl' a brief Hat of the pro~inp not affected in cue the losa or destruction was pal'tia:L REFERENCES: In general, see 34 Am Jur, Lost Papers and Reeords. ANNOTATIONS 1. Thia A11t iMppnc.blti to Public Sen1UCommiallicm records. Reconstitution ot,.reCorda of proceedinp before the Public Service Commission is gov9rned by the provisions of Commonwealth Act No. 146, D.ot by thi8' Act. Re Gregorio, '1'1 Phil. 906. J, Fa.iluf'e to give required notiu•. Where it does not appear that any of the notieea. required by Seetion 1, 2, and 3 of thi1 Act were given in connection with re. eonstitution of the reco1'da of a case, the laclc: of notice to the adverse party and non-compliance with the statutory requirement.ii •itiate the reconstitution proceedings and .. render an order declaring the record reconstitution ineffective, R•rJff 11. Pecson, Phil., 47 Off. a ... 6183 (#L-28'19, 19150l. ' Section 2. - Notice to persona in.teNat.d. .... Upon receipt of the notiee mentioned in the precedng section, the court shall iuue or ea.use to be issued a aeneral notice which shall be addressed and sent by ieeiatered mail to the law. per.s and officers mentioned in the ftreceding section and to such other persons as might be interested, advising them of the destruction. of the records, with a brief list of the proceedings not affected. in ease the destruction was partial, and of the time find by this Act for the reconstitution of the destroyed records. Thia notice ahall also be publiahed in the Official Gazette and in one of the newapapers most widely read in the province, once a week, for four eonsecutive weeka. ANNOTATIONS 1- Ef/eot of faAlvre to giw reqwired notices. Where it does not appear that any of the notices required by Section• 1, Z, and 8 of thH Act were given in connection with J"econstituiion of the ' records of a case, the lack of notice to the adverse party and non.eomplianee with the statutory requinmenta vitiate the reconstitution proceedings and render an order declaring the l"fleord reconstituted ineffective. Rep• "· Peoson, PA.ii. 4'1 Off. a ... 8188 (#IM'19, 1960) Seetion 8. - Application to t"tcot&Stitute rwcord in aivil oau; no. ffoe to others in.terntetf. The parties to civil casea, or their eounseb, shall appear and file, within thirty d&J'• after having been notified. in ucordanee • In view of the numerou1 request•. from our aublCl'ibers, particuJarlJ' thou .from the provineea of Cavite and Abra whose eonrt recorda were destroyed by fire, we are publishing herein the Law on Reconstitution of Court and Official Record1. v.ith the next preceding section, an application for the reconatitu· tion of the records in which they are intereeted, and the clerk of court, upon receiving 1ueh application, shall 1end notice to all partiea interated, or their coun1ell, of the da7, hour 1 and place when the Court will proceed to the reconstitution, requestill&' them to preaent, on aaid day and hour 1 and at said place, all copies ol motions, decrees, orders, and other documents in their poaaeaaion, having reference to the record or. ~rd• to be reconstituted. ANNOTATIONS 1. Nature a.nd put"JJOse o/ reconstitution. proceedingsProceedinp for the reeonstitution of judicial records an not .. strictlJr speaking, judicial, but ra'thei administrative in charaet:ei·, the main purpose being to see that a judicial record is restored to status quo and no issae affecting the merits being inwlved. Rodrigo "· Contor, Pit.it (#L-4898, 1952). I. R'if1Nd11 ""4• avoiW'l• to cmy interested "°'"71. . iWhere the records of an action or proceeding have been des. troyed, the remedy of a117 interested party is to file a proper pa. tition for reconstitution. Jamoro 11. Bhmeo. 68 Phil. 49'1, 44 Off. Gu. 8832 (#L-1181, 1947). I. l'l&GbilU,, to produee cmr pllrt of the nt:Of'd; BU/~ of 1Ul"dl stGtement concteniing .it. Where the party seeking reconstitution of the record in a ease wherein the recorda have been destroyed is unable to locate or produce the pleadings, orders, and other documents, or authentic eopies thereof, or to obtain an agnement on the facta from the other party as contemplated by # 4 of this Act, his m~ , "statement" as to what the pleadings were, and the like, cannot be accepted, and the onbr course open ls a new tJ.ial on new pleadtnga and proceedings aa contemplated by #SO, ct. Canmgt:O'l&fl v. Cojuaneco,. Phil. (#L-3761, 1951). .f.- • Reoonatitution inef/eetiv• tmle88 nquired noffH trivn. · Where it does not appear that any of the notices required by Sections 1·, 2, and 8 of this Act were given in eonnection with reconstitution of the records of a ease, the . lack of notice to the adver1e partJ" and non-compliance with the statutory requirements vitiate the reconstitution proceedinga and render an order declaring the record reconstituted Ineffective. Reyea •· Peeson, Phil. 47 Off, Gu. 6138 (#L-28'19, 1960). Section 4. - Metkod of t"'HBtGllU.lt.ing 7"eoo-rd in ti11il ca.ae. CiWI C$88s pending trial shall be reconstit'u.ted by m-. of copies presented and certified under oath as correct by the counsels or the parties Interested. In caae tt ts i~poasible to find a eopy of a motion, decree, order, document, or other proceeding of ..-ital importanee for the "reconstitution of the record, the same may be replaeed by an agreement on the facts entered Into between the counsel.s or the parties Interested, which shall be reduced to writing and. attached. to the proper record. ANNOTATIONS 1. Limited objective of reeonatltution proceecilnp. 2.. Sufficient basis for reconatitution. 8. Proceeding on recollection alone, without reconstituting the record. 4. Admillion of additional documents and papers. 6. Proeeedlnga subsequent to judgment a1 subject to reconstitution. 1. LimiW objective of nconatitu:tion proceedinos. In a proceedings for reconstitution of the record of a caae, the FebJ"\1&17 29, 1960 LAWYERS WURl!fAL 61 concern of the court and of the parties is that the doeumente pre&ent.ed as a baaia for reeo1iatitution are authentic and really part of the record, not question of law aa to their effect, which atUl remain~· Gomalas v. Ysip, 77 PliL 661. •. 8"/µ.i ... _., .............. ,; .... Reconstitution does not necessarily require verbatbD eoplea of all parts of the record in question, and parts of it may be supplied b:v stipulation of the parties, if they can agree, or by flndinp of the eourt dearly showing that some required step, auch as the service of notice of judgment on the attorne:v for the defeated party, was duly had. Del.i'llG 111. Stwtiva, Pit.ii. 48 Off. Gu. '889 (#1Afli4, 1952). a. Pf'oc8'ding on ncoUecUon lllon_e, wit/tout neoutih&ting o/ ncords. . Where the l'fCOrd• in pending Intestate proceedings were def!'~ when the ·court house bur~, and the parties to the p1-0. .-dings, thou"K1f given ample opportunity both b:v the court of first inatanee and the Supreme Court to reconstitute the reciorda, made no attempt to do ·so and iDstead inatituted and diligently went ahead with entirely new proceedings, it was beyond the power of the cou11; of first instance to reinstate the old proeeedinga and insist upon going ahead therewith on· ~he basb ~ the clerk's reeolldion of the records. Vcslcmnela. V. de Aguihw, Phil. 47 Off. G .... 780, 747 (# L-L-2262 and L-2480, 1949). -'· A~ of GdcUtioftal dociim.mta a2'd 'f14Pft.s. • Jn connection with reconstitution of the dqt1'0yed recorda · in a case, it is within the di~mi of the judge to allow readmi&"aion of documents and papers not originally produced by th8 i~ter­ eated parties because of circumstanees beyond thei1• control, fn order that the record may be completed and rial justice. done. Rodrigo •· Cantor, Phil. (#L-4898, 1952). 5, Proceedings .subs•fl"'U to judgment aa subject to nccmstih£Uon. · It is tnfera~le froin. # # 4 and 7 of this Act that judl~ records ma:v be reconatitut:ed without ezception, and ~ is ac· eordingly no m.erlt \ti a contention that proeeedinis sub.sequent to _judgment may not be reconstituted. Erla.ngwr & Gali.tiger, ltu:. v~ l!lo«l'dB, Phil. (#L4782, 18158). Section 6. - Pf"ocodut'6 if parli•s unable to agr••· In case the ·counsels or parties are unable i0· eome · to an a1·pment, the Court shall determine what may be proper.: In the interest of equity and justice, and ma:r also consider the · pro· ceeding · in question aa non.ezistent and reconstitute only that part of· the record· which can stand without sueh proceeding, and continue _Proceeding upon the record so reconstituted. . ANNOTATIONS l •. Adtniarion aa atn014ntino' to .,,..61Ut&t. In a reconstitution proceedinl', an admission made b:v one of the parties to the effec;t that there had been ju~t and exe~ tion of judgment is not nullified b:v the circumstance that it; Is made .without prejudice to challenclng the •alid~ty of the proeeeding. Azotea v. Planeo, 78 PhD. 789, 44 Off. Gaz. '88 (#L-962, 1947). Section 6 - 2'e1timml.g anad.g taken. Ter.timony of witnesaea taken in civil cases 1hall be reconstituted bJF means of an authentic copy thereof or a new transeript of the stenographic 'notes. lf no authentic· copy can be obtained and the stenographic notes · hBTe also been destro7ed, the cases shall be tried de novo aa if called for trial for the first time. ANNOTATIONS l. Additional t,.timon.fl. In view of # # 6 and 7 of this Act it was held that where the record of a caae was de.-trored by fire but an 4HJthentle copy of the 01·glnal cleci&mn waa In extatence, the evidence waa to be reconatructed. ·bf ·retaJdnc only teatimon7 of those w~ testified at the 01iglnal hearing, and it was no abuse of discretioh to deD:J an ap.. plication for introduction of the testimony ·of additional witnesses. Madaltmg e. Court of Flrst lmtaftoe of Bo.m6lon n cl.llslbae ·(191!6). 4Q· PMI. '87. See. '/, - Decilion. lf a civil case has already been decided, the decision shall be reeo.~tuted. b,. m~a of. an authentic copy. Jn case an authentic cropy cannot be found, the Court shall make a new deciaion, as if the case had never been deeided • ANNOTATIONS J, U-nauth.enticated con of d'eddon as bari8 for e:cecu.tioK. lt vraa error for a judge. of First Instance to order ezecution of a judgment merely on the basis of an unauthenticated copy. of what purported to be the judgment, the original records in the case having been de~, but· authenticated copies being .tn . ..ezlatence of notice of· appeal and bond on appeal to tlie Court of Appeals, without satlafactorJ proof of the final and executory nature of. the judgment. lbaii.ez v • .8an"'ioa, 77 Pltil. 186 (1946). ·,. Disct"Btion. to den11 ta.king of cufditicmsl i.mmonv '°"""" autAmtic con of. decision Jll'O(fuced' . An authentic eopy of a decision, the original of which waa deStroyed by flH, beinc available, it was no abuse of discretion for the court, after reeonsti-ucting the deeision fl'ODJ. such copy, to deny an application for the introductioit of testimony of additional witnesaea. Madalaag 111. COUt'i of First lmtance of Bomblon alld Mal,_ (1928) 49 PM!. 48'1. • I. BHOMtitution of proceedings 8K&sequent to iudgmnt. It la inferable from # 4_ and -, of this A.ct that judicial records may be reconstituted withoUt aception, and there is acmrdlngly no merit in a contention that proi:eedinp subsequent to judgment may not be reconstituted. Erlang.,. &: GGlin;.,., Im:. 111. E:cconde, Phil., (*W'l92. 1968). Section 8. - Reconl• in spuial proc.,d'itis/s. Special proceedinp shall be reconstituted in the 1ame manne1· as ordinary civil cases, witli the ·sole addition that a copy of the statement to be made bY tlie parti8a or their counel, aettinc forth .the statua of the proceedings at the time when the fire or othe1· 11ublic calamity oeeurred, shall be attaehed to the reconstituted re cord. Section 9. - R•cortla in ·land ngistration procceditigs ••.... · · Registration proceedings peiiding the issuance of a decree sliall be reconstitu.ted by means of copiea furnished. by the Chief of the General Land Registration Office. It ahall be the duty of this offfeer, inunediately upon i-eceipt of the. notice provided fOr in section one of this Act, to direct duly certified true copies of all destro)'ld reptration proceedinga pending at .the time of the destruetlon, ·and of all decrees destroyed, to be sent to the clerk of the Court of First Inatance concerned. · CROSS-BEFEBJ!JNCJ!h IAl.ter legislation as to l'eeonstitution ,of land titie certificates. see # 94 et seq., infra. ANNOTATIONS J. No nconatitution of owner's eeriificat• unltl.ss •/town to bf !oat or deRt:ror1ed'. Where it was not contended that the owner's duplicate certifi. cate of title to the propetty in question was lost or destroyed, no useful purpose- wOilld be aeDVed by instituting proceedings under A.Ct No. 8110, as amend8d by Republte Act No. "26, for the reeonsti· tution of documents which were lost or destroyed after submia81on tO the Register of· Deeds of Manihi. for reeistration, aa they could not be registered, under # 57 of Act No. 498, without production of the owner's duplicate title certificate for cancellation, aa sought by independent suit. Heitscm v. J. K. Pickering 6 GO., Pl&U., f#.1'.8440, 1961). ·Sectiou 10; - Becorcfl it& oadcMtral proceedings. Pending cadastral ea.1es ·lhalll be reconstituted as follows: The Court shall i1aue an order directing the penona interested to file anew their· replies, for which . purpose rea.Gnable time ma,. be allowed. The order shall be published in the· Otttcial Guette and by local ~ces d_.,ng a period fixed iD said order. . Immediately .upon receipt of thi: notice pnvided for i.n seet;ion one of thla Act, the chief ·of the General Land Registration Office 62 LA WYERS : JOURN'AL Februa1'7 29, 1980 shall came dub' certified true eoplea of all deatroyed eadastral proceedinp to be sent to the clerk ot the Court concerned. The new replies filed by the parties intereated and the copiea furnished b1 the General Land Bqistratlon Offke ahall form the reconstituted record. Section 11. - Offi,ml coo~ Sn. n·Htablilli.ing reoonU it& land ...... The Director ot Landa llhall eooperate with the Chief ot the General Land Registration Office in :furniabinc eopiea ot the plana, certificates, reporta, and other documents necesaar,. for the re. constitution ot destroyed regiatration or eadaatral proceedinp. The expense ot ·the reconstitution ot auch reeorda ahatl be reimbunable to uid Bureau and office out ot the public calamity or eaiergenq' fund1. Stetion 12. - lnabilit11 to 7"flCOftBlitute ttcord in ltmd caus; proce. dun. In case thei-e ta anythinl' in the registration or cadastral proceedings which cannot be reconstituted by means ot the pro~ure provided for in sections hine and ten hereof and whieh is ot vital importance to the interested partl•, the reconstitution procedure eetabllahed for ordin&l'J civil casea shall be used. Section 18. - Criminal CGBe reconb. Pending criminal actions shall be reconstituted by means ot copies filed by the fiscal and. the counsel for the defendant or the defendant himself, or erertified b7 them under oath as being cor'-9Ct, and whatever en.not he reconstituted in this manner shall be reconatru:cted by mean1 of the supplementary procedure providocl for ·the reconstitution of orl:linary civil cases. ANNOTATIONS I. Riglit of counl /01' ol/tm.tled. JH'rit' to 88fls nocnutitKtion. With respect to a charp of adultery inllti~ted. during the Ja. panese ocC'llpation, the record havlnl' been destroyed, the attorney for the offended part.7 was entitled to apply for reconstitution ·of the record so that the proceedings could go forward. Herrero "11. DU.., 76 PML 489. . Section 14. - Testimony or doavments·ru nidnu:e in. criminal Case dntrou«L - The· teatimony of witnesses, if an1 has already been taken, ahall be reconstituted by means of an authentic eopy thereof 01• by a new tranacript ot the stenographic notes; but if it ia imposaible to obtain an authentiC' cop1 of the evidence and il the stenographic notes have been deatr()J'ed, the caae shall be heard anew aa if it had never been tried. Documentary evidence shall be replaced by secondary evidence. Stection 16. - Deaision in criminal ecue. If the cue baa alread7 been decided, the decision ahall be reconstituted by means of authentic eopy. If an authentic cop1 Is not obtainable, the cu, shall be decided anew, as if ii had never been clccided. Section 16 - EWlena of prelimiurr invntigation. A dub' certified copy of the proper entries ot the. docket of the justiee of the peace court concerned aball be attached to the re· constituted record and shalt be auffiC'ient evidence that a preliminary investigation was held. Section 17. - Fiacfirs nconls de11tropd; dutiu; noour•e to otAetNconia. In case the recorda of the office of the provincial fiscal have also been destroyed, said provincial fiSC'&I shall aacertain the criminal actions pending in the Court of First Instance and may for tbia purpose make use ot the data obtainable from the dockets of the juatice ot the peace courts ot the province, the reports of the provinaial commander of the Constabularyi the racords of the vrarden of the provincial jail and ot the municipal police, and from any other sources that might be of a1Siita"ftce to him in the investigation. Section 18. - ln11estigation of fa.ot11; making up t"eoonstituted nccnl. The provincial fiacal shall in"8tigate the facts in each pend. iftl' criminal action, and if he ebould find euffictent merit.a to sustain the aetlon, he ehall without loaa ot time file the proper in. formation which, after being registered, ahal, together with a certified copy of the proper entries In the docket ot the justice of the peace court eoncerned, if &nJ', fonn the reconstituted record. which ahall be uaed. as point of departure in the continuation of the proceedinp. Section 19 - Motion. to cfismi.s, wln nthorUed; procec:lun. If the provi.neial fiscal does not find aufflelent merits to auatain the accusation, he •hall present; to the court a motion for dimiliaal, specifyinc all the facts of .the case and all step.a taken by him in the investigation required In aection seventeen hereof. Thie motion for dlamiual, after beinl' registered, shall, tocether with .a aertit'ted copy of the proper entries in the docket ot the justice of the peace court concerned, if •"DJ', form the reconitituted recot'd, which shall be used as point ot departure in the mntinuation ot the proceed.Inn. Sec. 20. - Evidmoe alnfJdJJ Cllkn; raprodtldion of infof"mation. If the provincial fiscal finds. that evidence has already been taken in the caae, which baa not been destroyed or which ean M 1-eprod.uced b7 a new tranaFfptlon of tha proper stenographic notiel, he may, in view of 8llCh evidence, enter into an agreement witll the defendanta or their counsel, the Court. tn 'riew ot the evidence, aball determine in what t.enna the information ahall be reproauced and shall aive the defendants an opportunity to file a cleo murrer against the information so ieprodueed 01• introduce addi· tional evidence. . · If the defendants have no counsel and state to the Court that; they desire one, the court ahall auign to them a counsel who shall represent them in the proceedings for the reproduction of the information. Section 21. - Proceduu on ~ infonnaUon. Upon the reproduction of the Information in the manner aeti forth in the next preceding section, the defendant shall be informed thereof, and if be enters a plea of not pilty, the proper hear. inl' ahall ba held, tn which shall be admitted all evidence pnrriousJ.1 introduced and such additional evidence, if an,., aa ma1 be lawfulb' offered by ~ parties. Sectioil 22. - Deoi.W" of CG88. If the ease bas alreadJ been decided, the decision ahall be l'eo constituted b7 means of an authentic copy, and in case it ia im· poasible to obtain an authentic cGp71 the ease shall be decided anew, as if had nevei• been decided anew, as if it bd never been decided. Section 28. Preferred ccuea. The provincial fiscal shall give absolute prefercmco to the re. conatitution of criminal action& in whieh the defendants are con· fined awaiting declaion, and shall act with all possible dispatch. Section 24. - F.,.,,.Z nrpiremeute for uproduced infonnations. All informations reprodUC!'ed by the provincial fiscal ahail be entitled ' Reproduced Information," and at the end thereof ahall appear the date on which they were actually reproduced and a atatement to the effect thai they were reproduced in accordanere with the Provisions of this Act. Section 25. - Records on apfHlll or fO'I" review; u88 of copies if ....ual>l<. The records of civil actions, special proceedings, and registration and cadaatral proceedings which at the time ot their destruction were ready to be sent; to the Supreme Court of the Philippine Islands on appeal, shall be reconatltuted by meana of an authentic copy of the bill of exceptions or appeal record, which, together with the reconstituted evidence, ahall form the reconstituted record for the purposes of the appeal. Section 26. - l't"Oc,edut'e in. oebr caaos. If it is not possible to obtain an authentic copy of the bill ot exceptions or appeal record, or tf the ·evidence cannot be reeonati· tuted, the records referred to In the nezt :IJrecediti.I' section shall be reconstituted by means ot the other procedure eetablished fn the February 29, 1960 LA WYERS JOURNllL 68 p1-eceding. sections. Seetion 27. - Criim.Wtal sppmla. The recorda of criminal aetions which at the time of their destruction were ready to be sent to the Supreme .Court of these Islands on appeal, shall be reconstituted in the manner eatabltshed in sections thirteen to t"nDtJ'-four. At an:v eftDt, if there shall be any question as to the appeal reeord or the time within which the aame was filed, the court may authorize the defendant to reproduce it within a reasonable time. Section 28. Original dod:1t tm6"N, oontf'olUng •lfeot. In eaae ft has been posaible to aavo or praerve tho doekets of the clerk's office relative to the civil actions, registration and cadaatral proceedings, Cl1.minal actions, and special proceedings, destroyed, which were pending at the time of their destruction, the entrtel in said dockets shall be proof of the judicial proceedings therein made of record and shall prevail over any agreement entered into between the parties or their counsels. . Section 29. - Fa.ilure to ·"" neonstitution of retm'CI; right to filtl """ anfions. In ease the partiea interested in a destroyed i·ecord fail to p.iition fOr the reconstitution thereof within the six months next following· the date on which ·the:v were giftll notiee in accordance 1rlth section two hel'eOI, they shall be understood to have waived the reeonatitatlon and may file their respecti:n actions anew without. being entitled ti> dla.im the benefits of sectnon \hfrty~e hereof. ANNOTATIONS 1. Dutil to ae-11 ~titution. t'ftfs on both. pcwtks. Once the record of a case is destroyed. or lost. the duty of having the same reconstituted. devolves upon both parties, ao that the omiasion of one party alone to ask for reconstitution should not be construed aa an abandonment of the case. LitJll.auCo 11F Lucem, Pli.U., 47 Off G .. 8644 (#L'lll .. , 1950). The duty to ask for reconstitution of destroyed records in ,a caae reSts upon both pa1tie1, and although, during the time when the reeord could have been recon1tituted, no adequate 1tepa were taken by either parl;Jr to that end, defendant was not entitled to invoke the rule of eatoppel by judgment against plaintiff by realOD. of ht1 failure to have the record on appeal from. s,uch judgment reconstituted. In such a situation, this aection applies. Clt1rii:b:l v. Novella, PAIL (#I,.j2q/• 1912). S. Can• pending cm opp1t&I. Thia Act i1 divided into parts dealing with reconstitution of records at n.rious stages of the proceedings. Where the records in a court of firat instance remain intact, but the records on an attempted appeal were destroyed, the parties are not remitted, under this section, to a new trial, but only to a new appeal, and it is error to dismias the appeal on the score that the i'eCOl"d waa not reconstituted in1 time. Na.ot14 11. lntntate Eata.t• of Alo, - Phil., - ( # IA983, 1963) , piodi!Jinc prior decisions. Where a case was pending on appeal to th~ Court of Appeals at the time of cleatruction. of the record•, 'and only tboae in the Court of Appeals were dutro;ved, not the reerorda of the court of first instance,. which l'ell\&in tntatrt and avallable, the parties are not remitted to a new action, but only to reconstitution of the appeal or a new appeal. NIJOua. v. Alo, Ph.ii., 49 0/1 Ga 8853 (#L49933, 1963). Where a pre.war case was pending on appeal from one judgment therein to the Court of Appeals at the time the record was destroyed., either party could seek reconstitution of the record and it was not ineu.mbent on one of them to make such an application any more than it was on another. If no.one made application -.1thin the allotted time, the judgment failed to become final because of pendeney of the appeal, the right to reconstitution must be considered waived, and the partiea were remjttecl to new litiption. Ambat 11. Director of Lands, Plril.., 49 Off Gas 129 (#L104Z, IJl68). . 8. Criminal CflHB, Where the reeorda are deatrored in a criminal caae, it is aa much the duty of the acci:lsed as it is of the prosecution to see ·that thQ' are reconatituted and that the case la disposed. of; and if the aceuaed takes no steps to thta end, be is not in a position to eom.plain of want of a speedf trial, nor, the· case never having beeri decided or disposed of, that he ts placed in double jeopardy by reconstitution of the records and ping .aheld with the prosecution i~~ part of the filC'al. People 11. 0.ptam., Ph.ii. (#L-4396, 4-o Motion. to dilmisa nConstitutiion. pt"OOflldin.gs GI abandotao .....t A motion to diamisa proceed.ton for the reconstitution of the record in a case does not necessa1•il:v amount to abandoriment of an appeal from the judgment In such ~se. Section 29 of this Act does not remit the parties to a new ·action if reconstitution· prOceedinp are started in due time and the pleadinga and decision are produced, m.erel:v because oral and documentary evidence is missing; the proper procedure in 111ch case is to move the appellate court ~i~~.:~;:,a;~c;;.new trial under, #6'- Media v. Bemcibe, Se~ 30. - New aotion. if f'BCom: c:an.not be niconstitutul.. When it shall not be poaaible to i-econatitate a destroyed judicial record by means of the prqcedure established in this Act or for any reason not henin provided for, the interested parties may file their actions anew, upon payment of the proper fees. and 811ch aetions ahall be regl1tered as new actions and shall be treated as 1uch. • ANNOTATIONS 1. Wltn new Cldicm -1uction.ed or niqirired bw this 11ction. The eommencement· of a new proceeding should not be coun~ tenanced unless it is definitel;v demonstrated that the lost judicial records cannot be autticiently fteonatituted. Abellem v. Gcwoia., PAIL, 47 01/ Ga. 2908 (#L-2401. 1949). When the record in a pending c;aae has been destrored and eannot be reconstituted, t;Jle only practical solution is to permit the filiftl' of a new action, aa provided in this section. MtJOG.. piula.c v. Court of Appeals. Ph.ii., (#L-02400, 1950). s. lnauf~ of 11tt.mpt to n1oon1titut1 nioorcl. Where the court finds an attempt to :reconatitate the record in a pendin1 aetion insufficient for failure to produce the pleadings or other pertinent documents, or authentic copies hereof, or obtain an agreement on the facts, the plaintiff's mere statement, In a aocalled "complaint" in new proceedinn under # 30 of this Aet. as to what the former pleadings contained and what transpired up to ·the time of destruction of the recorda, will "not suffice a8 a :;:~: ~~~1~rthe1· aetion, de CcminOoong v. C!'iUtlHflco Phil., (#LSection 81. - Limitations sttd preaoription period if records de•""°u<d. For all legal effects, the time that has elapsed from the initia. tion of the destroyed. record until the date when It.a reconstitution was declared impossible, ahall not be counted against the interested party or hta heirs and other auccesaors in interest. ANNOTATIONS 1. Ptior action. a, tolling Umittltions toklt"ll f'4!001'tl tlntiro111d. The effect of a prior action erommenced on the same cause of action aa tollin1 the statute of limitations is lost where the record in such case is destroyed. prior to ~inal termination and not re. constituted or retnatated, as the prior action muat, for that reason. be considered aa abandoned and aa thou1h it had never existed. Jtwdefo 11. JDll'fUr, Pli.il., (#L-4626, 1952). Section 82. - Regidra.tum lln.d dook.Ung of recoutituted cases. All reeon1tituted civil and eriminal aetlons and special proeeedinga and tboae initia1led anew &fter the calamity, shall be registered and entered in tht respective docket and shall be numbered c:onaeeutively in the ehronoloe!Cal order of their reeonatitutlon and filing, Reconstituted cases shall be numbered with figures preceded by a dash and capital letter R. ANNOTATIONS 1. Appealabitu, oJ onlw noondituti'n11 reccnod LA WYERS JOURNAL Feb'ruarr 29, 1960 An order for reconatitution of the reoo1·d in a case la int.erlocutory and not appealable. Funitebelltl "'· Oosmpo, 80 Phil., 56.2; 46 Off Gu 8-. 9 p. 178 (#L-1762, 1948). Section 38. - Reatomtion to origirlcll status 10het"e podible. ·1 In case it has been pos1ible to aau or preserve the dockets ot the civil and criminal actions and special proceedlnp, the reconatituted records shall be numbered a8 they were in said dockets, with tlle sole addition of a dash and a capital letter R preeedinl' their respective numbe1:11 and without prejudice to their bein1 re&"istered and entered in the "Doelcet of R.eeonatituted Cases" prescribed in section ihirtJr-five hereof. ANNOTATIONS 1. Reconatitution. of noonl GB preoludit&g ...U.f ,..,,.. iud ...... ~ Reconstitution ot the record in a ease does not preclude a party :from seeking relief from the judgment therein in the mannei· proyided bJ' the. Rules of Court. Gon.•les •· Yaip, 'l'l PML, 661. Section 34. - £and nigiringtion. cmd oadastnd )Jf'Ocudings. . Reconstituted registration and cada4tral proceedings shall be registered and entered ID their reapeetive docket under the same numbers they had before the calamity occurred with the sole addition ~ a dash and a capital letter R, preceding their respective number& • Record.a of a like nature presented aftelT the calamity shall take the numbers of the destroyed and reeonatltuted recorde. Section 35. - Specilll tloclHt. • Independently from the ordlnarsr doC'kets for all criminal and civil actions and special proeeedlnga reconatituted. 01• newly filed, • the clerk of the court shall open a a'peclal docket for all reconatituted eases which shall be denominated "Docket ot Reconstituted Caaeo." Section 36. - Certifiotdion of special dooket. On the fint pages of the "Docket of Recon1atituted Ca1ea,11 the clerk of the court shall spread a certificate setting forth that notice waa duly stven as required In aeetions one and two of thts Act, tranaeriblng the same in fuJI, and shall paste thereon a coPY of the publication in a newspaper of the notice prescribed in section two, with the Statement that sueh publication was also made in the Offielal Gazette, and specifying the volume and page number. Section 3'1. - Notations to 11ppeor in apecicd dooket. All civil and criminal actions and special proceedings l'eCODI· tituted in aecordanee with this Act shall be registered and entered in the "Docket ot Reconstituted Cases" and shall be giftll the same numbers unde~ which they appear in their reapeetive ordinary dockets, and in the entry of each ease mention shall be made ot the agreements and all other proceedinp had for the reeonatltution of the record, and, if 11oasible, the register number which it bore before the fire or public calamity aball be atated. Section 88. - DookeUng of ngiskution. and cadGBtml proeffdin.gs. Reconstituted reliairation and cadastral proceedinp shall not be :registered or entered, but briefly noted in the "Docket of Ret'OllStituted. Caaea.11 . Section 39. - Notations in apeoial docket if .,..eon! not reconstituted. In caae of the failure of the reconltitutlon of a record,· the clerk of the court shall make a etatement ot this effect in the "Docket ot Reconstituted ·Cases," setting forth all the proceed.Inga bad and the order of the court declaring auch reconatltution to ban ·failed. Section 40. - Where reeonatitution rwoaeedings to •• dooketed. The proceed.inp for the continuation of the reconstituted re.. cord shall not be spread upon the "Docket ot Reconatitutecl Caeea," but upon the rupective ordinary dockets. Sdlon 41 - Su.tpen.rion. of terms ox deatni.cticna. of Neonl&. All terms fixed by law 01• regulation shall ~ae to rnn from the date ot the deatruetion of the records and sb&ll onb' begin to run again on the date when the parties or their counsels shall have received from 6e clerk ot the court notice to the effect that the reeorda have been reconstituted. ANNOTATIONS J, ''Terms'' nferred to. The provision ot this section that all terms shall begin to run on the date the pai'tiea have notiee that the record baa been recontltuted refers to the terms fixed b;r law which were alrudy running when destruction of the record Oo:?urred. VelMCJUff v. Ysip 70 PAil 6'16, 46 Off o .. 2079 <#L-1469, 1947) Section 48. - Rsnewal of bonds. All bonds executed in civil and Criminal eaaes and special pre. ceedinp shall be renewed as soon as the respective cases have been duly reconstituted. Section 48. - Partial deaheffsot. of jitdieiat f'8oords, application. of Aot. In case of the partial loss or destruction of a judieial record, the destroyed portion may be reconstituted. In aecordanea with the provisions of this Act. ANNOTATIONS 1. Reconstitution. of entirs nf:oni not neees8flt'J'. It is not necessary, for reconstitution of a destroyed record, that all the papers be reconstituted, and it was accordingly not error tor a court of fint instance, to which an ejeetment eaaa had been appealed, to hold that the record was sufficiently reeonstjtuted on the basis ot a copy of the deciaion, without reference to the pleadina and other papers. Sa JoBS v ds Vene$, '79 Phil '646, 4& Off Gao 20'78 (#I-1164, 1947), Although 888 out of 908 exhibits used In connection with trial of a caae were deltroJed by fire and could llot be reconstituted, where such deatruetion took pla~ after decision in the lower court and while the case wu pending on appeal, and the findinp of fact of the lower court were undlaputed, It was uruieceaaary to re. sort to a new action and the appeal could be proceeded with. fhsv v. lnn&lar Lumber Co., PhiL, 49 Off. Gtu 485'1 (#&85, 1968) Section '4. - Records dtlat:ropd or lost ot.\st- . . 6rt firs or J>K6. lio calom.itr, applicstion of Act. Judielal records destroyed or lost from cauaes other than fire 01· public calamity may alao be l'eeonatituted In aecordane9 with the provisions of this Act. Section 46. -· Other provisiou not f'8J)ealed. Nothing contained in this Act shall be eonstrued to repeal or modify the proyisions ot aeetlon three bUDdred and twenty.one ot Act Numbered One hundred and ninety. Section 46. - Cl.erk of C01Wt's dutp to nots nGms. of atf!IROg-rap1t.en an.cf ffnd copies of oriminal decisione to provfnoial """"" It shall be the duty of the clerk of the court to state in the proper doclr.etl and In the minute. of the aeuions ot the court the name• ot the stenographers who have taken note ot the evidence introduered in the caaea tried, and to send to the provinci,p.I fil!leal full copies of tha decealona rendered by the court in criminal actions. Section 4'1. - hooineicil fisu.l to keep eOl'Ns of iltfonMtions cmd deciftons. It shall be the duty of the provincial fiscal to keep authentic copies of all Informations filed by him and of all decisions sent to him by the clerk of the court. Section 48. - JuaUt:s of tM peaoe court neot"d8 deatrored; pro. , cedars 11etKnJll1/. .Justice of the peace courts, In reeonatitutinc the reeorda ol caaea pendtll&' in aaid eourta and destroyed bJ' fire 01• &n7 other 'public calamity, 1hall follow substantially and wherever pouible, the procedure eatablished for the reconstitution of records in the Courts of Firs~ Instance. Section 49. - NoUu to 6e givm. J uatice of the peace courts ab.all not be ·required to iBBUe the notice provided for tn aectton one hereof, but that provided for in eection two, which shall be addrened ai.d sent bJ reclatered mall to the pi"Ovineial board, the provincial ftaeal; the proY:inelal com- · LAWYERS JOUR.'l~L mander of the Constabulal'J', the municipal president and councilors, the local health officer, the municipal treasurer, the ehief of police, and the barrio lieutenants. · Provisions i'8ferred to: See Seca. 1, 2, this Title. Section 60. - Poding •Rd padlffcation. of n.otioe. CQpies of this notiC'I lhall be posted for ten eomecutive days In three public plaC!'eB of the polti.oion of the municipality, and in three public places In each and all of the barrios of the municipalit1. Such notice ahall, moreover, be published by 6cmdillo daring the ten days mentioned In the nm preceding section in the poblacion of the municipality and In each and all of the barrios thereof. Section 61. - Time to appt11 ffW reoonatitution. of n1cords. The parties to clYil actions or their counaela shall be given ten da11' time for applying for the reconstitution of the records of the csaea in wbich the}' may .be interelt.fd. Sdion 62. - Daffea of rwosecutf.ng officw. The dutiea imposed upon the. provincial fiscal shall, witli re. card to the reconstitution· of criminal actions pending in the jus. tice of the peace courts, be imposed upon the proper prosecuting offieer. Saetion 6S. - Special dooket f<w t'6conatituted cues not ·nquit'ed. It shall not be necessary for juatiee of the peace courta to open a special docket for reconstituted cases. Seetion 64:. - Sv:preme Court nconfs dutf'of/ed; gmemi· notice :to be 11iven. As soon as practieable after the occurrence of any fire or Qther public calamltJ' reabltinc in t'he loss of all or part of the records of judicial proc;.eedings on file In the Supreme Court, the clerk of said Court shall send a notice by reeistered mall to the Governor-General, the Justices of the Supreme Court, the Secretary of Juatlee, t)ie Attorney-General, all Courts of First Instance, the Director of Lands, the Chief of the General Land Registration Office, the Fiscal of the City of Manila, the provincial fiscals, and all lawyers who may be interested, stating the date on which 111ch fire 01· public calamity ocicurred and whether the loss or destruction was totai or partial, and giving a brief list of the proceedings not affected In case the loss or destruction was pat"tial. Section 66. - Notia to peraona in.tended. , Upon receipt of the notice mentioned in the precedlnC aection, the Chief Justice of the Supreme Cou1"t shall issue or cause to be issued a .general notice which shall be addressed and sent by registered mail to the lawyers and officers mentioned In the preceding section, advising them of the destruction of the reeords of tbe Supreme Court. with a brief list of the proceedings not affected in cue the destruction waa partial, and of the time fixed by this Act for the reconstitution of the deatroyed :ruords. This notice shall also be published in the Official Gazette and in one of the newspaper& most widely read in these Island1, once a week during eie'bt· eODBeeutlve weeks. Section 68. - Original oans pndin.g before, cOltf't. Application for the reconstitution of the records of cues of the o~nal jurisdiction of the Supreme Court shall be made within ais: months from the month in which the interested parties were notified in accordance with the next preceding section, and sueh reeonatitution shall be accomplished. by the same procedure as established for the reeonstitution of cues pending in the Courts of First Instance. Seetion 6'1. - Various civil proceedi:Jtgs. Parties interested in any civil action, registration or cadas- , tral proceeding, or special proceedinl' appealed to the Supreme Court may apply for the reconstitution thereof by filing, within ab. months' time, a petition accompanied by a printed copy ef the bill of exceptions or appeal record. Section 68. - Noties on ncftpt of ,,.eiHon. to tw0t&B6ihit• -reoon!. Upon receipt Of the petition mentioned in the next p1oeceding aectlon, the clerk of the Supreme Court shall notffJ' all iatenated parties and their iieapective counsels of the day, ·hour, ~ plaee at which the Supreme Court or ita commlaioner will proceed to the reconstitution, and on said daJ" and hour and at said place the pa~ or their counsels .i.an preaent to the Supreme eouri or its eommlllioner all papen they may have In their poueuion relative to the euu to be reconstituted. Section 69. - /lrlffs for tnakit&, up tl&e nconl. The cue may be reconstituted by meana of an authentic printed ~ of the bill of exceptions or appeal record, a copy of the . briefs if 8117 have already been presented, an authentic copy of the transerlpt of the ltenocraphic noies of the tertlmony taken an authentic copy of the judgment if •DJ" has already been n..;. ~o!:r ~u':n~ ~='i:'1Z': of the resolution, writ&, De.stroJed, documentarr evidenee shall be reeonatituted by means of ~dacy evidence which may be presented to any judge bf the" Supreme Court or any other officer commissioned by said Court, who may be the judge of the Court of First Instance from which the case eame, ANNOTATIONS .J, Pnscribff 6aeu 'for reoard as qclz&8ive • By providing, in # 159, for i-econatltution of the judgment and resolution of the Supreme Court by means of an authentic copy, and in # 80 that if ·no copy can be found the partiea shall aubatltute an asreement in lieu thereof, all other means of reconstitutinl' auch a reeord are excluded. Fra7&ciaeo v. tH Borja, PAU., (#L-11164, 1961). Section 80. - Agf'Betnen.ts of PM'tift and procedUf'B iA abacmce tlwre· of. If no copy of anY rea6lutlon, writs or othei· document of Yitai importance can be filed or found, the parties ahall sub· atitute an .i.greement in lieu thereof, and In default of snch agree. ment. the Supreme Court shall determine what mar -be proper in the intei:eat of equity and justice and may even consider the proceeding or document in question as non-existent and reconsti. tute onb" that· part of the ease which can stand without such proceeding or document and continiie the proceeding on °the basis of the l'ecord ao reconstituted.. ANNOTATIONS 1~ This,. Clnd tM pnoeding, HCtion Ga prescribing nclusiw methods. By providing, in #69, for reconstltntion of the judgment and resolution of the Supreme Court bJ means of an authentic cop1, and In #80 that if no copy ean 'be foUJld. the partie1 shall subatitute an qreement in lieu thereof, all other meana: of recon. atituting such a record are excluded. Fnmt:isco v. Borja, Phit., (#L-186', 1961). •• l'NJUf/iof,"71.t basis ,.,. ~nsUtuticm. The record of a ease which was pending on appeal to the Cou1't of Appeals at the time the recorda were destroyed could not be daclared. reconstituted generally, 01· even for the special purpose of showing the judgment whieh dafendants alleged to have satisfied by making a consignment of Japanese war notes, where all that could be resurrected was t'81"tatn papers relating to the attempted eonsignment and some miscellaneous documents. without any of the pleadings, ~nee, decision, or briefs, China. Tnsuraiu:e & Suntg Co. v. Berknkott.r, Phil., 46 Off Gu 6488 (#CM82; 1949). Secflion 81. - N.-w decision, token nquind. If an authentic eopy of the decision rendered by the Supreme Court la not obtainable, the case shall be decided anew. Section 62. - New briefs, when. nqidred. If It is not pouible to obtain authentic copies of the briefs already filed and the case was pendin1 decision at the time of the calamity, or If It 11 necesaary to decide it anew, the S\111reme Cou1't shall order new briefs to be submi"4d •nd. may p-ant reallODable time therefor. Section 88. - N81U lriU of ~ or f"flOll:lni. If an authentic printed eopy of the bill of exception.a or ap. LAWYEllS JOURNAL February 29, 1986 peal record is not ·obtainable or if the bill of exceptions or appeal record presented were dbout to be printed at the time of the des· truction, the Supreme Court shall direct the Court of First Instance concerned to order the preparation of a new bill of exceptions or appeal record and may grant reasonable time therefor. Seclion '64. - New transcript or retaking of testimony. If an airthentic copy of the transc1ipt of the stenographic notes of the· testimony ta.ken cannot be filed, the Supreme Court shall direct the proper stenographer to make another transcription. And if the stenographic notes taken by the stenographer have also been destroyed, the Supreme Court shall direct the pro. per Court of First Instance to proceed to hear the case anew, which Shall then be considered as ready for a hearing in said Court of First Instance. ANNOTATIONS 1. Demand Jo,,. new trial. Whe1•e the record, including the transcript of testimony, is cl.estroyed pending appeal from an order overruling a motion'. for new trial in a civil case, and the ease will be heard before a different judge if a new trial is granted and some of the original witnesses will not be avaiJable, the Supreme Court could properly limit the scope of a new trial, if it gTants one, but nee.d not restrict the issues and may, if it sees fit, remand the cause for new trial generally. J!Je Almario v. lba:iiez, Phil., 46 Off Gaz Supp I, p 890. (#L-2547; 1948). f. Demand for evidence does not sa.Mtion new proceedi111rWhere the trancript of evidence had been lost or destroyed and the Court of Appeals returned the case under this section io permit the plaintiff ~ reconstitute the evidence, the plaintiff had no authority to start a new proceeding without attempting to reconstitute the evidence. Abellera v. Ga.rcia, Phil., 47 Off Gaz 2908 (#L-2404; 1949). I. New decision "'n remand. This section governs reconstitution of the record and further proceedings where the record in a civil is lost or destroyed while the case is pending on appeal. If a new trial is being sought, the transcript of testimony has been destroyed, and a different judge, without any recollection of the testimony, will preside at the new trial, and some ,pf the original witnesses are no longer available, new and additional witnesses may be allowed and the court must render a new decision. de Almario v Ibaiiez, Phil., 46 40 Off Gaz Supp 1, p. 390 (#L-2547; 1948). 4. Motion to dintiss reconstitution proceedings as abandonment of appeal. A motion to dismiss proceedings for the reconstitution of the record in a case does not necessatily amount to abandonment of an ·appeal from the judgment in such ease. Section 29 of this Act does not remit the parties to a new action if reconstitution proceedings are stated in due time and the pleadings and deci11ion are produced, merely because oral and documentary evidence is missing; the proper Procedure in such case is to move the appellate court to remand the case for new trial ander #64. Medina 11. Bena.be, Phil., (#L-3036, 1949). ' Section 65. - Decision not appcala.ble or alrea.dy final. If the decision rendered by the Supreme Court is not appealable or has already become final, an authentic copy of such decision shall be proof of its contents and shall form the recon. stituted record, without prejudice to attaching thereto such copies as may be obtainable of the bill of exceptions or appeal record and the bri~fs filed .. Section 66. - Criminal cases. Upon receipt of the notice p1·ovided for in seetions fifty.four and fifty-five hereof, the Courts of First Instance shall cause a complete list to be made of all criminal actions appealed to the Supreme Court, which list shall contain the names of the stenographers who have reported each case. Copies of this list shall be sent to the provincial fiscal, the Attorney.General, and the clerk of the Supreme Court. Section 67. - Reconstitution ·by Court of Ffrst Instance. Upon the preparation of the 1ist · provided for in the nei.t preceding section, the Courts of First Instance shall proceed to reconstitute all crimi:hal actions included in said list, in accord; anee with the rule and procedure established in sections thirteen to forty.five hereof, and every time they declare any record reconstituted or its reconstitution a failure, they shall repOrt the same to the Supreme Court Section 68. - Sending up of 1"BC01lStitiLted Teco'l'd~ As soon as the reconstituted reco,rd is ready to be submitted to the Supreme Court on appeal, the proper clerk of eou1t shall send it, in accordance with the exixsting legal procedure, to thf' clerk of the Supreme Court, for further a:Ppeal proceedings. Section 69. - Whtat to constitute record in case of Teconstitution. In ease the Court of First Instance is successful in restoring the ·record to the condition in which it was when forwarded under appeal, such record, together with an authentic copy of the briefs, if any have been filed, and with an_ authentic copy of the decision, if any has been rendered by the Supreme Court, shall form the reconstituted record in the Supreme Court. Section 70. - New decision, when.t"equiTed. If an authentic copy of the decision rendered by the Supreme Court is not obtainable, tti. case shall be decided anew. Section 71. - New Briefs in ce'l'tain instances. . If authentic copies of the briefs filed are not obtaina.ble and the case was pending decision at the time of the calamity, or if ii is necessary to decide it anew, the Supreme Court shall direct" new briefs to be filed and may allow a reasonable time for this purpose. Section 72. - Cases al'l'ea.dy decided. If a criminal action has already been decided by the Supreme Court and the decision has become final or is not appealable, an authentic copy thereof shall be proof of its contents and shall fcrm the reconstituted record, without prejudice to copies of the information, the decision of the court below, and the briefs filed being attached to it. Section 73. - Procedure- afte'I' Teco'l'd Teconstituted. Civil and criminal actions, registratidn and cadastral pro. ceedings, and special proceedings pending appeal to the Supreme Court Of the United States shall be reconstituted in accordance with the rules and procedure provided for in the preceding seetions, and the· appeal shall take its course as soon as the reeon. stituted record is ready for it. Section 74. - Time e:Vtensions. In case there is any question as to the 8.ppeal record or the time within which the same was filed, the Supreme Court may authorize its reproduction within sueh time as it may deem reasonable. Section 75. - Regi8ter of deeds' Tecords destt'011ed; 'l'Bpo1·ting. When, as result of a fire or other public calamity, the documents, books, and files of the office of the register of deeds are destroyed, the register of deeds shall report sllch fact immediate-ly to the Chief of the General Land Registration OffiC'e and shall, if possible, forward to the sAme a Ust of the register books, decrees, and certificates of title destroyed. Section 76. - Chief of Land Registra.tion Of!U:e to provide copies. The chief of the General Land Registration Office shall send 01· cause to be sent to the register of deeds copies of the destroyed registration deC!I'ees and certificates of title. HISTORY: Sections 76, 77, and 89 of this Act have been declared "inoperative insofar as they provide for the reconstitution of ce1tificates of title" by RA 26 #215, eff Sept. 25, 1946. Section 77. - Notice to ownef'S of 1·egiste,,.ed .prope1·ty. Upon receipt of the copies mentioned in the next preceding section, the register of deeds shall cause to be published in the Official Gazette and in one of the papers most. widely read in the Philippine Islands, and in the Province, if any, for a period February 29, 1960 I.A WYERS JOURNAL ,t . ,,iz . nionf.lls, a notice to all ownera of propertv regi1tered under the , 'J:'onena QBtem, requiring them to present in the offiee of the. . feglater of deeds coplea of the original certlfleates of title 01· cVtmcaies of transfer Jn tlleir poaaeaion, in order that the annotation made upon the same may be spread upon the · copiea ncet~d from the General Land Registration Office. and upon such new eertlfleatea of trander as may be iaaued. HISTORY: Tb.is section &nd the preceding one were declared "'inope1•&tive hulofar aa they provide for the reconatitutlon of certifieatea of title" by RA 26 #26, eff Sept. 26, 1946. Section '18. - New 11otstioiur on. kok of t"CloonatituUcl docu.mmtf •. The register of deeds shall not make an,- new annotation upon the ba"ek of any reconstituted certificate of title or eertlficate of tranafer, until trui previoua annotation1 have been transcribed thereSeetion '19. - Notil:e to l:hGtt•l "*"rlga,e holUN. The register of deeds shall eaaae to be published., in the man· ner mentioned in 1eetion anenty.aeven, a notice to holders of chat. ter mortgage.I to present such eopiea of document.a 1'9latiye to the same 88 the, may haw, in the office of the resister of deed1. Section 80. - Rwntt"JI of such mortpgss. Upon the presentation of the copies mentioned. iri the next preceding section, the register of deed1 shall ente.r them anew jn the book of records of chattel mortgages, under Aet Numbered Fifteen hundred and 'eight, under the date appearing on said copies. Section 81. - 1"-Umhring of wl11equm.t mortgage entri61'. The register of deeds shall use a book of records of chattel mortgages separate from the one he shall open for the registration of new mortgages, filed after the fire or publie ealamitf, and shall register the new mortgages in ehronolocieal order, beginning wi~ numbei: one, unless it has been possible to save the book of records of chattel mortgages, in which ease the existing enumeration shall be followed in future entries. Seetion 82. - Smme prooeclure for oereaia other Mtrin. . The resister of deeds shall adopt the same rules and procedure for the reeonatltution of entries made under Act Numbered Twenty.eight hundred and thirty.seven and Aet Numbered Twelve hundred and twenty.eight, and amendments thereof. ActB nfernd. to: PA 288'1 is an Aet amending a prior Aet with respect to lands not registered under the Land Resjstratton Act. The reference to PA 1228 i111 apparently an error, 88 that is a apeeial Aet revaluinc the pl""Operty of one individual only. Section 88. - .E?&t.ti68 under Spanish. .'lfortga,ge Law With rep.rd to entries made under the Spanish Mortgage Law, the reglate1· Of deeds shall eanse to be published, in the manner men.tioned in aection 1eventy-aeven hereof, a notice to all peraons havinB' in their poaseaslon any instrument registered under said Ia.w, requiring them to present the same at the office of the regi1ter of deedi, for re.regi1tratlon. Section 84. - Nvm.•erin.s/. Entries made in accordance with the Spanish Mortgage Law shall be given the same numbers as appear at the foot of the instrument. SeeUon 86. - New book for tWonstihited' ,..gistraeitma The register of deeds aha1J. open a record book for reensti· tuted regiatrationa. Section 86. - Nota.tiona ecmcendng t"Cleonatitv.hd entries. It shall not be neeeaaar:v for the regllter of deeds, upon extending ·the reconstituted entries to make •DJ' entry in the entry book;. bat in the column for remarks or at the foot of each reeotn· atltuted entrv he shall put a note anting' forth ihat sueh entry has · been :reeonstitut.ed in accordance with this Aet. Section 8'1. - No fffflll. The resister of deeds shall not charge any fees whataoever for the rec:onstitution of entriea. Section 88. - Fo"" GM effebt °" ,..conmtuted entriu. Reconstituted entries shall have the same validity and leital effects as the original entries. Section 89. - 01riobwl doormwnts to be produced if 7'08sibl•. For the purpOffl of the reconstitution of the Clocuments of the -office of ,the register of deeds, the latter shall, whenever pos. aible, require the lntere1ted parties to present the original d~ euments, and shall make a OOPJ th"ereof, which ahall be eertified. eorrect and authentic and made •n accordance with this Act. HISTORY: Thia aeetlon and Section. '16 and '1'1 of PA 8110 were declared. "'Inoperative insofar ·aa they provide for the recon. :.t~=- of eertifieate_" of title" by RA 26 #26, eff Sept. Section 90. - Filing of Hrtifi«l eopi•• of origint&la G'lul force a8 .wi..e.. Copies ao made and· eertUied shall be filed in the proper envelopea or bundlea and .shall have the same validity and legal effects as their oricinala. Section 91. - RegulGtiona, it11~ and ncorde to 6s i11Ued. The Supreme Court, the Secretary of Juatlee, the Attorney. Gene1:al, and the Chief of the General Land Registration Offiee shall issue regulations, circulars, and inatruetions, and prescribe the books and banks neeeuary to carry into effect; the provisions of this Aet, and shall promulgate the rules and take the me8sures necessary to avoid future destruet;lon of the judicial records and the books or documents of the office of the register of deeds. REPUBLIC ACT KO. 441 (EffeetiTe June '1, 1~60) Section I. - Esetmrion of titf&8 to reeonatit.te court t••OOf'dl dsdrOf/8" ,,,, ...... Notwithst.andin1r the pnm.s1ona of Act Nilmbered Three Thousand one hundred and ten, the party or parties interested in any ease pending in the courts the records of which have been destroyed by reason of the last Pacific war may file a petition for the reconstitution of such records within one rea1• from the date of the approval of this Aet. ANNOTATIONS 1. Liberal eqnatrueticm; bpp!ierltion to p«rriaUr1 aomplstetl neonatitution proCHd-.ng•. flfl' The fact that a motion for l'eopening a reconstitution of J;ho records In a ease waa not made within the time originally pres· erlbed by law was immaterial In view of Reublie Ac:t No. 441, extending for one :vear the period to take atep1 for· reeOnatitution of records deltroJed b,- the war, as that A.ct. &einc remedial, Is to be liberally construed aa extending not merely the time rto start ori&inal reconstitution proceedings, but also applications for completion of partly reconstituted records. Rodrigo "· Cant0t', Ph.ii •• (#L-4398, 196") Seetion B. - .Pn>cedwe. The procedure, requirements and all other ineiden"tl of sueh 1-eeonatitution shall. be eoverned by the provisions of Aet Numbered Three tbouaand one hundred. and ten. 68 LAWYERS lOURNAL February 29, 1960