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[Act No. 3110, (1923-03-19)](https://lawyerly.ph/laws/view/l533e)
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[ Act No. 3110, March 19, 1923 ]

AN ACT TO PROVIDE AN ADEQUATE PROCEDURE FOR THE RECONSTITUTION OF THE RECORDS OF PENDING JUDICIAL PROCEEDINGS AND BOOKS, DOCUMENTS, AND FILES OF THE OFFICE OF THE REGISTER OF DEEDS, DESTROYED BY FIRE OR OTHER PUBLIC CALAMITIES, AND FOR OTHER PURPOSES

Be  it enacted by the Senate and House of Representatives of the Philippines  in Legislature  assembled and by the authority of the same:

SECTION  1. As soon as practicable  after the occurrence of  any fire or other public calamity resulting in the loss of all or part of the records of judicial proceedings on file in the office of the clerk of a Court of First Instance, said officer shall send  a  notice by registered mail to the Secretary  of Justice, the Attorney-General,  the Director of Lands, the Chief of the  General Land Registration  Office, the clerk of the Supreme Court, the judge of the province, the register of deeds of  the province, the provincial fiscal, and all  lawyers who may be  interested, stating the date on  which such fire or public calamity occurred and whether the loss or destruction was total  or partial, and giving a brief list  of the proceedings  not  affected in case the loss or destruction was partial.

SEC 2.  Upon receipt of the notice mentioned in the preceding section,  the court 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, 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 case the destruction  was partial,  and of the time fixed by this Act for the reconstitution of the destroyed records.

This notice shall also be published in the Official Gazette and  in  one of the  newspapers most  widely  read in the province, once a week, for four consecutive weeks.

PENDING CIVIL CASES

SEC. 3. The parties to civil cases, or their counsels, shall ' appear and file, within thirty days after having been notified in  accordance with the next preceding section, an application for the reconstitution of the records in which they are interested, and the clerk of the court,  upon receiving such application, shall  send notice to all parties interested, or their counsels, of  the day, hour, and place when  the  Court will proceed to the reconstitution, requesting them to present, on said day and hour, and at said place, all  copies of motions,  decrees, orders, and other documents in their possession, having reference to  the record  or records to be reconstituted.

SEC. 4. Civil cases pending trial shall be  reconstituted' by means of the copies presented and certified  under oath as correct by the counsels or the parties interested.   In case it  is impossible to find a copy of a motion, decree, order, document, or other proceeding of vital importance for the reconstitution of the record, the same may be replaced by an agreement on the facts entered into between the counsels  or the  parties  interested,  which shall be  reduced to writing and attached to the proper record.

SEC. 5. In case the  counsels  or  parties are unable to come to an agreement, the Court shall determine what may be proper in the  interest of  equity and  justice,  and may also  consider the proceeding  in  question as non-existent and  reconstitute  only that  part of  the record which can stand without  such  proceeding,  and continue proceedings upon the record so reconstituted.

SEC. 6. Testimony of witnesses taken in civil cases shall be reconstituted by means of an authentic copy thereof or a new transcript of the stenographic notes.  If no authentic copy can be obtained and the stenographic notes  have  also been destroyed, the cases shall be tried de novo as if called for trial  for the first time.

SEC. 7. If a civil  case has already been decided, the  decision shall be reconstituted by means of an authentic copy. In case an authentic copy cannot be found, the  Court shall make a new decision, as if the  case had never been decided.

PENDING  SPECIAL PROCEEDINGS

SEC. 8. Special  proceedings  shall be reconstituted in the same manner as ordinary civil cases, with the sole addition that a copy of the statement to be made  by the parties or their counsels, setting forth the status of the proceedings at the time when the fire or other public calamity occurred, shall be attached to  the reconstituted record.

PENDING  REGISTRATION. PROCEEDINGS

SEC. 9. Registration  proceedings pending the issuance of a decree  shall be reconstituted by means of copies furnished by the Chief of the General Land Registration Office.  It shall be  the duty  of this officer, immediately upon receipt of the notice provided for in section one of this Act,  to direct duly certified true copies of all destroyed registration proceedings pending at the time of the destruction, and of all decrees destroyed, to be sent to  the clerk of the Court of First Instance concerned.

PENDING CADASTRAL CASES

SEC. 10. Pending  cadastral  cases shall be reconstituted as follows:

The Court shall issue an order directing the person interested  to file anew their replies, for which purpose  reasonable time may be allowed.   The order  shall be published in the Official Gazette and by local notices during a period fixed in said order.

Immediately upon receipt of  the  notice provided for in section  one of this Act, the Chief of the  General Land Registration Office  shall cause duly  certified true copies of all destroyed cadastral proceedings  to be sent to the clerk of the Court concerned.

The new replies  filed by the  parties interested and the copies furnished  by the General Land Registration Office shall  form the reconstituted record.

PROVISIONS  COMMON TO  THE  RECONSTITUTION  OF PENDING REGISTRATION AND CADASTRAL  PROCEEDINGS

SEC. 11. The Director of Lands shall cooperate with the Chief of the General Land Registration Office in furnishing copies  of the  plans,  certificates, reports,  and other documents  necessary  for  the reconstitution of destroyed registration or cadastral  proceedings.  The expense of the reconstitution of  such  records shall be reimbursable to said Bureau and office out  of the public  calamity or  emergency funds.

SEC. 12. In case  there is anything in the  registration or cadastral proceedings  which cannot  be reconstituted  by means of the procedure provided for in sections nine  and ten hereof and which is  of vital  importance to the interested parties, the reconstitution procedure established for ordinary civil cases shall be used.

PENDING CRIMINAL ACTIONS

SEC. 13.  Pending criminal actions shall be reconstituted by means  of copies filed  by the fiscal and  the counsel for the defendant or the  defendant  himself,  or certified  by them under oath as being correct, and whatever cannot be reconstituted  in  this  manner  shall be  reconstructed  by means of the supplementary procedure,  provided for the reconstitution of ordinary civil  cases.

SEC. 14. The testimony of witnesses, if any has already been taken, shall be reconstituted by means of an authentic copy  thereof or  by a new transcript of the stenographic notes; but if it is  impossible to obtain  an  authentic copy of the evidence  and if the stenographic notes  have  been destroyed, the case shall be heard anew as if  it had never been  tried. Documentary  evidence  shall  be  replaced by secondary evidence.

SEC. 15. If the case has already  been decided, the  decision shall be reconstituted by means of an authentic copy. If an authentic  copy  is not obtainable, the case  shall be decided anew, as if it had never been decided.

SEC. 16.  A duly  certified copy  of the proper entries of the docket of the justice of the  peace court concerned shall be attached to the reconstituted record and shall be sufficient evidence that a preliminary  investigation was held.

SEC. 17.  In case the records  of the office of the provincial fiscal  have  also been destroyed, said provincial fiscal shall  ascertain the criminal actions pending in the Court of First Instance and may for this purpose make use of the data obtainable from the dockets  of the justice of the peace courts of the province, the  reports of the provincial commander of the Constabulary, the records of the warden of the provincial jail and of the municipal police, and from any other sources that might be of assistance to him in the investigation.

SEC. 18. The  provincial  fiscal shall  investigate the facts in each pending criminal action, and if he should find sufficient merits to sustain the action, he shall without loss of time file the proper  information  which, after being registered, shall, together with  a  certified copy of the proper entries in the docket  of the justice of the peace court concerned,  if any, form  the reconstituted record, which shall be used  as  point of departure in  the continuation  of the proceedings.

SEC. 19. If  the  provincial fiscal does not find  sufficient merits to sustain  the accusation,  he  shall present  to the court a  motion for dismissal, specifying all the facts of the case and all steps taken by him in the investigation required in  section seventeen hereof.  This motion for dis- missal,  after being registered,  shall, together with a certified copy of the proper entries in  the  docket of the justice of the peace court concerned, if any, form the reconstituted record,  which shall be used as point of departure  in the continuation of the proceedings.

SEC. 20. If  the  provincial fiscal finds that evidence has already been taken in the case,  which has  not  been destroyed or which can  be reproduced by a new transcription of the proper stenographic notes,  he may, in view of such evidence, enter  into an agreement with the defendants, or with their counsel,  as to the substantial facts alleged in the information, and may reproduce it in this form.  In case he does not come to an agreement with the defendants or their counsel, the Court, in view of the evidence, shall deter- mine in  what terms  the information  shall be reproduced, and  shall give  the  defendants  an  opportunity to file a demurrer against  the information so reproduced or introduce additional evidence.

If the defendants have no  counsel and state to the Court that they desire one, the court shall assign to them a counsel who shall represent them in  the proceedings for the  reproduction of the information.

SEC. 21. Upon the  reproduction  of the information in the manner set  forth in the next preceding section, the defendant  shall be informed thereof, and if he  enters  a plea of not guilty, the  proper  hearing shall be held, in  which shall be admitted  all evidence previously introduced  and such additional evidence, if any, as may be lawfully offered by the parties.

SEC. 22. If the  case has already been  decided,  the decision shall be reconstituted by means of an authentic copy, and  in  case it is  impossible to obtain an authentic copy, the case shall  be decided anew,  as if it had  never been decided.

SEC. 23. The provincial fiscal shall give absolute preference to the reconstitution of criminal actions in  which the defendants are  confined awaiting decision, and shall act with all possible dispatch .

SEC. 24. All informations reproduced  by  the provincial fiscal shall  be  entitled "Reproduced Information,"  and at the end thereof shall appear the date on which they were actually reproduced and a statement to the effect that they were reproduced in accordance with the provisions of this Act.

COMMON PROVISIONS

SEC. 25. The records of civil actions, special proceedings, and registration and cadastral  proceedings which  at the time of their destruction  were  ready  to be  sent  to the Supreme Court of the Philippine Islands on appeal,  shall be reconstituted  by means  of  an  authentic copy of the bill of exceptions  or appeal  record,  which,  together with the reconstituted evidence, shall form the reconstituted record for the purposes of the appeal.

SEC. 26. If it is  not possible to obtain an authentic copy of the bill of exceptions or  appeal record, or if the evidence cannot be reconstituted, the records referred to in the next preceding section  shall be reconstituted by means of the other procedure established in the preceding sections.

SEC. 27. The records of criminal actions 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 established in sections thirteen  to twenty-four. At any event, if there shall be any question as to the appeal record  or the time within which the same was filed, the court may authorize the defendant to reproduce it within a reasonable time.

SEC.  28. In case it has been possible to save or preserve the dockets of the  clerk's office relative to the civil actions, registration  and cadastral proceedings,  criminal  actions, and special proceedings,  destroyed, which were pending at the  time of  their  destruction, the entries 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.

SEC.  29. In case the parties  interested  in  a  destroyed record fail to petition for the  reconstitution thereof within the  six months  next following  the  date on  which  they were given notice  in accordance with section  two hereof, they shall be understood  to have waived the reconstitution and may file their respective actions anew  without being entitled to claim  the benefits of section thirty-one hereof.

SEC.  30. When it shall not  be  possible to reconstitute a destroyed judicial  record by  means  of  the procedure established in this  Act or for any reason not herein provided for, the interested  parties may file their actions anew, upon payment of  the proper  fees, and such actions  shall  be registered as new  actions and shall be treated as such.

SEC.  31.  For all legal  effects, the time that  has elapsed from the initiation of the  destroyed  record until the date when its reconstitution was declared impossible, shall not be counted against the  interested party or his  heirs  and other successors in interest.

SEC. 32. All reconstituted civil and criminal actions and [special  proceedings,  and those  initiated anew  after  the calamity, shall be  registered and entered in the respective docket  and shall be numbered consecutively in the  chronological  order of  their reconstitution and filing.  Reconstituted cases shall be numbered with figures  preceded by a dash and a capital letter R.

SEC. 38.  In case it has been possible to save or preserve the dockets of the civil and  criminal  actions and special proceedings, the reconstituted records shall be numbered as they were in said dockets, with the sole addition of a dash and a capital letter R preceding their respective numbers, and without prejudice to their being-registered and entered in  the "Docket of Reconstituted Cases" prescribed in section  thirty-five hereof.

Sec.  34. Reconstituted registration  and  cadastral proceedings shall be registered and entered in their respective dockets under the same numbers they had before the calamity occurred, with the sole addition of a dash and a capital letter R, preceding their respective numbers. Records  of a  like nature presented after the calamity shall, take  the numbers of the destroyed and reconstituted records.

SEC. 35.  Independently from the ordinary dockets for all criminal and civil actions and special proceedings reconstituted or newly filed, the clerk of the court shall open a special docket  for all reconstituted cases which shall be denominated "Docket of Reconstituted Cases."

SEC.  36.  On the first pages of the "Docket of Reconstituted Cases," the clerk of the court shall spread a certificate setting  forth that  notice was duly given  as required in sections one and two of this Act,  transcribing the same in full, and shall paste thereon a copy of  the publication in a newspaper of  the notice prescribed in section two, with the statement that such publication was also made  in the Official Gazette, and specifying the volume and page number.

SEC. 37.  All civil  and criminal actions and special proceedings reconstituted in accordance with this Act shall be registered  and  entered in  the "Docket of Reconstituted Cases"  and shall be given the same numbers under  which they appear in their respective  ordinary dockets, and in the entry of each case mention shall be made of the agreements and  all other  proceedings had for  the reconstitution of the record,  and, if possible, the register  number  which it bore  before the fire or public calamity shall be stated.

SEC. 38.  Reconstituted registration and cadastral proceedings shall not be registered or entered, but briefly noted in the "Docket of Reconstituted  Cases."

SEC. 39.  In case of the failure of the reconstitution of a record,  the clerk of the court shall make  a statement to this  effect  in the "Docket of  Reconstituted Cases," setting forth all the proceedings had and the order of the court declaring such reconstitution to have failed.

SEC. 40.  The proceedings for the continuation of the re- constituted record shall not  be spread upon the  "Docket of Reconstituted Cases," but  upon the respective ordinary dockets.

SEC. 41.  All terms fixed by law or regulation shall cease to run from the date of the destruction of the records and shall only begin to run  again  on the date when the parties or their counsels shall have received from the clerk of the court notice to the effect that the records have been reconstituted.

SEC.  42.  All bonds executed in civil and criminal cases and special  proceedings  shall be renewed as soon as the respective cases  have been duly reconstituted.

SEC.  43.  In case  of the partial loss or destruction of a judicial record, the  destroyed portion may be reconstituted in accordance with  the provisions of this Act.

SEC.  44.  Judicial  records  destroyed or lost from causes other than fire or public calamity may also be reconstituted in accordance with  the provisions of this Act.

SEC. 45. Nothing  contained in this Act shall be construed to repeal  or modify  the provisions of section three  hundred and twenty-one of Act Numbered One hundred and ninety.

SEC.  46.  It shall  be the duty of  the clerk of the court to state in the  proper dockets and  in the  minutes of the sessions of the court the names of the stenographers who have taken  notes of the evidence introduced in the cases tried, and to send to the provincial fiscal full copies of the decisions rendered by the court in criminal actions.

SEC.  47.  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.

'PROCEDURE  FOR RECONSTITUTION OP  JUSTICE OF THE PEACE COURT  RECORDS

SEC.  48. Justice of the peace courts, in reconstituting the records of  cases  pending in  said courts and destroyed by fire or  any other public calamity, shall follow substantially and wherever possible, the  procedure established  for the reconstitution of records in  the Courts of First Instance.

SEC.  49. Justice of the peace courts shall not be  required to issue the notice  provided  for in section  one hereof, but that provided for in section  two, which shall be addressed and sent by registered mail to  the provincial board, the provincial fiscal, the provincial commander  of the  Constabulary,  the  municipal president  and  councilors,  the local health  officer, the municipal  treasurer, the chief of police, and the barrio lieutenants.

SEC. 50.  Copies  of this notice shall be posted  for ten consecutive days in three public places of the poblacion of the municipality, and in three public places in each and all of the barrios of the municipality.

Such notice  shall, moreover,  be  published by  bandillo during the  ten days mentioned in the next preceding section in the poblacion of the  municipality and in each and all of the barrios thereof.

SEC. 51.  The  parties  to civil actions  or their  counsels shall be  given ten  days' time  for applying for the reconstitution of the  records of the cases  in which they may be interested.

SEC. 52.  The  duties imposed upon the provincial  fiscal shall, with regard to the reconstitution of criminal actions pending in the justice of the peace courts, be imposed upon the proper prosecuting officer.

SEC. 53.  It shall not be necessary for justice of the peace courts  to open  a special docket for  reconstituted cases.

PROCEDURE FOR RECONSTITUTION IN THE SUPREME COURT

SEC. 54. As soon as practicable  after the occurrence of any fire  or other public calamity  resulting in the  loss of all or part of the records  of judicial proceedings  on file in the Supreme Court, the  clerk of said Court shall send a notice  by registered mail to the Governor-General, the Judges of the  Supreme Court,  the  Secretary of Justice, the 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 such fire or public calamity  occurred and whether  the loss or destruction was  total  or partial, and giving a brief list of the proceedings not affected in case the loss  or destruction was partial.

SEC. 55. Upon receipt of the notice mentioned in the preceding section, the Chief Justice of  the Supreme Court 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 records  of  the Supreme  Court, with  a brief list of the proceedings  not affected in case the destruction was partial, and of the time fixed by this Act for the reconstitution of the destroyed records. This notice shall also be published in the Official Gazette and in one of  the newspapers most widely read in  these Islands,  once a week during  eight consecutive weeks.

ORIGINAL CASES

SEC. 56. Application for the reconstitution of the records of cases  of the original jurisdiction of the  Supreme Court shall be made within six months from the month in which the interested parties were  notified in accordance with the next  preceding  section,  and  such reconstitution shall be accomplished by  the same procedure  as established for the reconstitution of cases  pending in  the Courts of  First Instance.

CIVIL  ACTIONS,  REGISTRATION  AND CADASTRAL PROCEEDINGS, AND SPECIAL  PROCEEDINGS UNDER APPEAL

SEC. 57. Parties interested in any civil action, registration or cadastral  proceeding, or special proceeding appealed to the Supreme  Court may  apply for the reconstitution thereof  by filing, within six months' time, a petition accompanied by a  printed copy of the  bill of exceptions or appeal record.

SEC. 58. Upon receipt of the  petition mentioned in the next preceding  section,  the  clerk of the Supreme  Court shall notify all interested parties and their respective counsels of the day, hour, and place  at  which  the Supreme Court or its commissioner  will proceed to the reconstitution, and on said  day and hour and  at said place, the parties or their  counsels shall present  to the Supreme Court or its commissioner  all  papers they  may have  in their possession relative to the cases to be reconstituted.

SEC. 59.  The case may be reconstituted by means of an authentic printed  copy of the  bill of  exceptions  or  appeal record, a copy of the briefs if any have already been presented,  an authentic copy of the transcript  of the stenographic notes of the testimony taken, an authentic copy of the judgment if any has already been  rendered by the Supreme Court, and copies  of  the  resolution,  writs, and other documents of vital importance.

Destroyed  documentary evidence  shall be reconstituted by means of secondary evidence which may be presented to any judge of 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 came.

SEC. 60.  If no copy of any resolution, writs or other document of vital importance can be filed or found, the parties shall  substitute  an agreement in lieu thereof,  and in default of such agreement, the Supreme Court shall determine what may be proper in the interest of equity and justice and may even consider  the proceeding or document  in question as nonexistent and reconstitute only that part  of the case which can stand without such proceeding or document, and continue the proceeding on the basis  of the record so re- constituted.

SEC. 61.  If an authentic copy  of the decision  rendered by the Supreme Court is not obtainable, the case  shall be decided anew.

SEC. 62. If it is  not possible to obtain authentic copies of the briefs already filed  and the case was  pending decision at the time  of the calamity, or if it  is necessary to decide it anew,  the Supreme Court  shall order new briefs to be submitted and may grant reasonable time  therefor.

SEC. 63. If an authentic  printed  copy of the bill of exceptions or appeal record is  not obtainable or if the bill of exceptions or appeal  record presented were about to be printed at the time of the destruction, 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.

SEC.  64. If an authentic copy of the transcript of the stenographic notes of the testimony taken 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 proper 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.

SEC. 65. 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  reconstituted  record, without prejudice  to attaching thereto such copies as may be obtainable of the bill of exceptions  or appeal record and the briefs  filed.

CRIMINAL ACTIONS  UNDER APPEAL

SEC. 66. Upon receipt of the notice provided for in sections  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.

SEC. 67.  Upon the preparation of the list provided for in the next preceding section,  the Courts of First Instance shall  proceed  to reconstitute all criminal  actions included in said list,  in accordance with the rules 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.

SEC. 68. As soon as the reconstituted record is ready to be submitted  to the Supreme Court on  appeal, the proper clerk of court shall send it, in accordance with the existing legal  procedure,  to the clerk of the Supreme Court, for ¦further appeal proceedings.

SEC. 69. In case 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.

SEC. 70. If  an authentic copy of the decision rendered by the Supreme  Court  is not  obtainable,  the  case  shall be decided anew.

SEC. 71. If  authentic copies of the briefs filed are not obtainable and the case was pending decision  at the time of the calamity,  or if it 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.

SEC.  72. 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 form the reconstituted record, without prejudice to copies of the information, the decision of the court below, and the briefs filed being  attached to it.

COMMON  PROVISIONS

SEC. 73. Civil and criminal actions, registration and cadastral proceedings, 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 sections, and the appeal shall take its course as  soon as the reconstituted record is ready for it.

SEC. 74. In case there is any question as to  the appeal record or the time within  which the same  was filed, the Supreme Court may authorize its reproduction within  such time as it may deem reasonable.

RECONSTITUTION OF THE DOCUMENTS AND BOOKS OF THE OFFICE OF THE  REGISTER OF DEEDS

SEC. 75. 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 such facts immediately to the Chief of the  General  Land Registration  Office and  shall,  if possible, forward  to the same a list of the register books, decrees, and certificates of title destroyed.'

SEC. 76. The  Chief of the  General Land Registration Office shall send or cause to be  sent to the register of deeds copies of the destroyed registration decrees and certificates of title.

SEC. 77. 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 of six months, a notice to all owners of property registered under the Torrens system, requiring them to present in the office  of the register of deeds copies of the original certificates of title or certificates of transfer in their possession, in order that the annotation made upon the same may be spread upon the copies received  from the General Land Registration Office, and upon  such  new certificates of transfer as may be  issued.

SEC. 78. The  register of  deeds shall not make  any new annotation upon the back of any reconstituted certificate of title or certificate of transfer,  until the previous annotations have been transcribed thereon.

SEC. 79. The  register of deeds shall cause to be published, in the manner mentioned in  section seventy-seven, a notice to holders of chattel mortgages  to  present  such  copies of documents relative to the same as they may have, in the office of the register of deeds.

SEC. 80. Upon the presentation of the copies mentioned in the next  preceding  section, the register  of deeds  shall enter them anew in the book of records of chattel mortgages, under Act Numbered Fifteen hundred and eight, under the date appearing  on said copies.

SEC. 81. 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 public calamity,  and shall  register the new mortgages in chronological order, beginning with number one, unless it has been possible to save  the book  of records of chattel mortgages, in which case the existing enumeration shall be followed in future entries.

SEC. 82. The  register of deeds shall adopt the same rules and procedure for the reconstitutions of entries made under Act Numbered Twenty-eight hundred  and thirty-seven and Act Numbered Twelve  hundred  and  twenty-eight,  and amendments thereof.

SEC. 83. With regard to entries made under the Spanish Mortgage Law,  the register  of deeds shall cause to be published, in the manner mentioned in section seventy-seven hereof, a notice to all persons having in their possession any instrument registered under  said law,  requiring them to present the same  at the  office of the register  of deeds, for re-registration.

SEC. 84. Entries made in accordance with the Spanish Mortgage Law shall be given the same numbers as appear at the foot of the instrument.

SEC. 85. The register of deeds shall open a record book for reconstituted registrations.

SEC. 86. It shall not be necessary for the register of deeds, upon extending the reconstituted entries to make any entry' in the entry book; but in the column for remarks or at the foot of each reconstituted entry he shall put a note  setting forth that such entry has been reconstituted in  accordance wih this Act.

SEC. 87. The register of deeds shall  not charge any fees whatsoever for  the  reconstitution of  entries.

SEC. 88. Reconstituted entries shall have the same validity and legal effects as the original entries.

SEC. 89. For the purposes of the reconstitution  of the documents of the office  of the register of deeds, the latter shall, whenever possible,  require the interested  parties to present the original documents, and shall make a  copy thereof,  which shall  be  certified correct and authentic and made in accordance with this Act.

SEC. 90. Copies so made and certified shall be filed in the proper envelopes or bundles and shall have the same validity and legal effects as their originals.

FINAL PROVISION

SEC. 91. The  Supreme Court, the Secretary  of Justice, the Attorney-General, and the Chief of the General Land Registration  Office shall  issue  regulations, circulars,  and instructions, and prescribe the books and blanks necessary to  carry into effect  the provisions of this Act, and  shall promulgate the  rules and  take the measures  necessary to avoid future destructions  of the judicial records and the books or documents of the office  of the register  of deeds.

DATE OF TAKING EFFECT'

SEC.  92. This Act shall take effect on its approval.

Approved,  March  19, 1923.

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