Step-By-Step Guide for Replacing Your Lost Land Title

If you own a property, you must safeguard certain documents that prove your ownership. The most
important of these documents is perhaps the original copy of your land title. Many experts agree that
having a certified true copy in your possession is not enough.

Many Filipinos who have lost their Owner’s Copy of Land Title do not have an idea on what steps to take
or where to start. They often delay their application for the issuance of a new original copy, as many of
them assume that everything will be alright as long as they are residing in the property with the lost title.
However, there are very real risks associated with this.

For example, if fraudulent persons discover that you have lost your owner’s copy, they could deceive
unsuspecting buyers into buying your property by posing as owners. In addition, if you plan to sell your
property, having the original copy of the land title with you is crucial, as the Title Transfer cannot take
place if it is missing.

In the case of properties to be passed on as inheritance, the situation becomes even more complicated if
the owner (or owners) of the property indicated in the land title are already deceased. The heirs in this
case need to execute an Extra-Judicial Settlement of Estate first before starting the reissuance or
reconstitution. If one of the heirs is already deceased, then this makes the situation even more
problematic.

Steps for Replacing a Lost Land Title

There are several stages to be undertaken in order to have your land title reissued. At first glance, these
steps may look tedious, but it is very important that the property owner go through them.

1. Filing for Annotation of the Affidavit of Loss

2. Requesting a Certified True Copy with the Loss already annotated
3. Filing of Petition with the Regional Trial Court
4. Jurisdictional Hearing
5. Submission of Evidence
6. Issuance of Court Decision
7. Issuance of Certificate of Finality
8. Filing of Court Decision and Certificate of Finality at the Registry of Deeds
9. Issuance of Replacement Owner’s Land Title

If the property owner has a busy lifestyle, he will need a company who can assist in applying for a
reissuance or reconstitution of Land Title. In addition, since the reissuance of the lost land title will have to
go through court, he will also need the services of a lawyer. However, once the Original Copy of Land
Title is reissued, every effort and expense will all be worth it.

Reconstitution or replacement, what’s the difference?

If the original title with the registry of deeds got lost or destroyed, then reconstitution of
the title would be necessary. This can be either through an administrative reconstitution
(in case of a substantial loss of titles in the RD) or a judicial reconstitution (in case the
RD copy of the title is lost or destroyed, but no administrative reconstitution is necessary
as determined by the LRA).
For example, if the original copy of the title in the RD was destroyed by termites, your
title needs to be reconstituted. For a short discussion on this example written by Atty.
Persida Acosta, Chief of the Public Attorney’s Office (PAO), click here.

On the other hand, if only the owner’s duplicate certificate got lost/destroyed, and the
copy at the register of deeds is intact, then the owner only needs to get a replacement
for the lost duplicate certificate, through the procedure stated in Section 109
of Presidential Decree (P.D.) No. 1529(Property Registration Decree)

How to reconstitute land titles under Republic Act (R.A.) No. 26, as amended by
R.A. 6732
Administrative reconstitution
Following the procedure under Republic Act (R.A.) No. 26, as amended by R.A. 6732,
administrative reconstitution may be done in case there is substantial loss or destruction
of land titles due to flood or other force majeure as determined by the Administrator of
the Land Registration Authority (LRA). I have not read about any such declaration from
the LRA, there’s no announcement on their website. I think also it’s because while some
original titles have been lost, the number does not reach 10% of the total number of
titles.

Flowchart: Administrative reconstitution

Source: Ombudsman’s website
 Administrative reconstitution of titles. From ombudsman.gov.ph
Judicial reconstitution
In any case, for those whose titles got lost or destroyed in the Registry of Deeds, but no
administrative reconstitution was determined to be necessary, they need to undergo
judicial reconstitution of title.

Reconstitution of a title is very tedious and time-consuming. The whole process could
take anywhere from six to nine months to complete. Sometimes, it even takes years.
You have to prepare legal documents, secure certifications and clearances, and you
need a legal counsel to represent you in court proceedings.

Mr. Raul J. Palabrica of the Inquirer has offered suggestions so that reconstitution could
be done with the least time and effort, but to date, these remain as suggestions to be
acted upon.

Flowchart: Judicial reconstitution of titles

Source: Ombudsman’s website
 Judicial reconstitution of titles. From ombudsman.gov.ph
How to replace lost/destroyed land titles (owner’s duplicate certificates) under PD
1529
If you misplaced your owner’s duplicate certificates of title (but the original title is still
with the Registry of Deeds), don’t feel too bad. Losing a title for no special reason
except forgetfulness may be a bit embarrassing but it is not such an isolated occurrence
(we all have our senior moments).

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.

Land titles lost/destroyed by Typhoon Yolanda/ Haiyan (November 2013)

When Super Typhoon Yolanda/Haiyan hit Leyte last November 2013, it’s pretty obvious
that many land titles were lost/destroyed.

In an article dated December 23, 2013, Reuters wrote that Leyte’s Registry of Deeds
office faced the ocean and was thus pounded by seawater during Typhoon Yolanda’s
onslaught. The accompanying picture painted a pitiful sight – RD employees were
hanging original copies of titles on clotheslines with clothespins and waiting for them to
dry.

Original copies of titles are hanged to dry on clotheslines with clothespins at the Leyte
Registry of Deeds. Photo by Romeo Ranoco, Reuters
Atty. Emeterio Villanoza, Palo, Leyte’s Registrar of Deeds, was quoted as saying that
as much as 2,000 land titles could have been lost in the floods, probably washed away
in the nearby creek. These lost titles would require reconstitution.
On the other hand, owner’s duplicate certificates of titles that got lost/destroyed when
homes got hit by the floods and the storm surge only need to be replaced, assuming
that the original titles in the RD are intact and accounted for.

Q: What are the things to do if my property title is lost or destroyed?

A: When your copy is lost, a new copy can be issued to you via basic court proceedings. You can initiate
this by notifying the loss at the Registry of Deeds of the Land Registration Authority, specifically the
registry of the locale in which your land with the lost title is located.

Should the loss occur where the land title is in the possession of the bank or lending institution from
whom you took out a mortgage for the property, then it is the firm’s responsibility to acquire the
replacement as soon as possible. Either case, it is important to get this done as soon as possible, as your
property cannot be sold or its ownership transferred without the title.

Q: What if the property is not to be sold soon? Is an immediate replacement of a title necessary?

A: Yes. When your land title is missing or destroyed, it puts the property at a certain amount of risk. Other
parties may falsely make claims for the ownership of the land, which for the most part can be quite an
inconvenience. True ownership can be proven at the Registry of Deeds, where a second copy of a land
title is always kept to take care of such ownership disputes.

Q: What if it is the Registry of Deeds that loses the property title?

A: In the instance that a property title is compromised at the Registry of Deeds, it is up to them to
reconstitute the title. On your end as an owner, apart from making sure your copy is secure, is to be
mindful of anything that happens to the Registry of Deeds where the original copy is kept, because in the
instance that it experiences something like a fire or a calamity that destroys the files they store,
unscrupulous individuals may take advantage by making false claims toward the different pieces of land
the registry covers. For that moment it would only be you or your bank or lending institution who has a
copy of the title, and your copy will be an important support document in the reconstitution of the property
title.