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HOW TO REPLACE LOST/DESTROYED LAND TITLES (OWNER’S DUPLICATE CERTIFICATES)

UNDER PD 1529

Section 109 of PD 1529 provides for the procedure in getting a new owner’s duplicate
certificate as follows:
Section 109. Notice and replacement of lost duplicate certificate. In case of loss or theft of an
owner’s duplicate certificate of title, due notice under oath shall be sent by the owner or by
someone in his behalf to the Register of Deeds of the province or city where the land lies as soon
as the loss or theft is discovered. If a duplicate certificate is lost or destroyed, or cannot be
produced by a person applying for the entry of a new certificate to him or for the registration of
any instrument, a sworn statement of the fact of such loss or destruction may be filed by the
registered owner or other person in interest and registered.

Upon the petition of the registered owner or other person in interest, the court may, after notice
and due hearing, direct the issuance of a new duplicate certificate, which shall contain a
memorandum of the fact that it is issued in place of the lost duplicate certificate, but shall in all
respects be entitled to like faith and credit as the original duplicate, and shall thereafter be
regarded as such for all purposes of this decree.

Requirements:
1. Deed of Sale
2. Affidavit of Loss
3. Owner must attend in court hearings
4. Fee Php2000 and Below (RD)
5. CTC/Photocopy of Title
6. Tax Declaration
Procedure:
1. Submit Affidavit of Loss to RD
2. Annotation of the Loss of title
3. Submit petition/application in court -Hearing for the issuance of
memorandum/certificate of reissuance of title.
4. File for Annotation of the Affidavit of Loss.
5. Request a Certified True Copy (with annotation of loss).
6. File a petition at the Regional Trial Court.
7. Attend the jurisdictional hearing.
8. Submit proof or evidence.
9. Wait for the issuance of a Court Decision.
10. Wait for the Certificate of Finality to be issued.
11. File a Court Decision and Certificate of Finality at the Registry of Deeds.
12. Wait for the issuance of Replacement of Owner’s Land Title.
Quick Facts
Case: Reconstitution of Lost Owner’s Title
Timeline: 1 – 1 ½ years, depending on the court’s schedule
Cost: Court Fees, Registry of Deeds Fees, Lawyer’s Fees
Testimony: At least once, or more as needed by the court
Documents: Owner’s Duplicate Certificate of Title or other documents enumerated below,
Other documents required by the court

PROCESS
STEP 1: FILE A PETITION WITH THE REGIONAL TRIAL COURT WHERE THE LAND IS LOCATED.
You and your lawyer will create a petition requesting the court to order the replacement of the
Registry of Deeds copy.
Your lawyer will first need to assess evidence that you are the owner of the land. To do that, he
would first ask you for any of the following documents:
 Your owner’s duplicate certificate of title
 Your co-owner’s, mortgagee’s or lessee’s duplicate certificate
 Certified copy of the certificate previously issued by the RD
 Authenticated copy of the decree of registration or patent that was the basis of the
certificate of title, if the reconstitution is for the original certificate of title OR Deed of
transfer or other document or an authenticated copy with the property’s description
covered by the transfer certificate of title and filed at the RD, if the reconstitution if for a
transfer certificate of title
 Deed or an authenticated copy of mortgage, lease or encumbrance with the property’s
description and filed at the RD
 Any other document which is sufficient in the judgement of the court
As with any court case, you need to have strong evidence for the case to succeed.
The specific documents cited up top are documents acknowledged by the court as valid sources
of reconstitution. Your lawyer will have to carefully go over your case if you can only present
other proof.
When your attorney has gone over your documents, he’ll create a petition to be filed at the
court.
There will be filing fees, publication fees and other document related fees such as postal or
notarial fees. In addition, a land survey may have to be commissioned for LRA approval if
documentary evidence isn’t strong.
STEP 2: WITNESS TESTIMONY
Before the witness’ testimony at court, your lawyer will have done the following:
 Coordinated with the Official Gazette to publish a notice which must be completed 30
days before the court’s first hearing.
 Complied with notice requirements
 Worked with you to create a land survey, if needed
 Appeared at court to show compliance to legal requirements
 Complied with other orders of the court
All of the above will take some time, so the witness might be called to the court only several
months after the filing of the petition.
Your lawyer will interview the witness and file a submission to the court called the “judicial
affidavit” which goes through the facts the witness presented.
Fees related to the petition, the court appearance and other submissions will be paid.
STEP 3: COURT DECISION
Unless there is opposition, your case should be headed for its conclusion. (The Court will
release its decision and be prepared for a bit of a wait, as it can take months.
The court case is concluded at this point but remember that you still have to register this with
the Registry of Deeds (RD) where the land is located.
Don’t skip registering the decision with the RD!
It is important as the RD will only reconstitute your title after the court’s decision has been
registered with them. I’ll admit that it is a time-consuming process to register with the RD, but
it is a very, very necessary one.