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Requirements for Lost 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 Owners Land Title

TITLE still intact with the REGISTER OF DEEDS PROCEDURE:


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.
STEP BY STEP GUIDE:

1. You have to execute an affidavit of loss and submit to the Register of Deeds where the property is located. The register of
deeds will then annotate the Affidavit of Loss in the title. After annotating it, ask for a certified true copy of the title -- a
photocopy of the RD's Copy of the Title.
2. you will then file a petition in court for the reconstitution of a lost title.
3. the court will then issue an order notifying the Registrar of Deeds, Adjacent lot owners and all other interested party that
there is a petition being filed and the date and time of the hearing.
4. The order will also be posted in 3 conspicuous places in the city where the property is located to notify all other parties
who are interested in the property to be present during the hearing.
5. During the hearing, the lawyer will present the jurisdictional facts --- this means that the lawyer will mark the evidences
supporting your petition showing proof that the court can acquire jurisdiction over the petition.
6. The next hearing will be the presentation of witness --- you will be placed in the witness stand under oath, to testify to
the facts of the case (sometimes the court will just appoint the Clerk of Court as Commissioner where your testimony wil be
taken)
7. After the presentation of witness ex parte, the Judge/Commissioner will then issue and order ordering the RD to issue a
new owner's duplicate copy of the title. After 15 days from the date of the order, it will become final and executory.
8. The finality of the order will then be typed in the order which will be brought to the RD so that they can release you the
new owner's duplicate copy.
9. After submitting the Order to the RD, just wait mga 30-60 days (depende sa examiner na ya-ya) and you'll get your title
na!

TITLE RECONSTITUTION
(from website:attyatlawjournal.blogspot.com)
The reconstitution of a certificate of title denotes restoration in the
original form and condition of a lost or destroyed instrument attesting
the title of a person to a piece of land. The purpose of the
reconstitution of title is to have, after observing the procedures
prescribed by law, the title reproduced in exactly the same way it has
been when the loss or destruction occurred. (Republic v. Tuastumban,
G.R. No. 173210, April 24, 2009, 586 SCRA 600, 614)

Under property laws, there are two methods of reconstitution of title:


1. Judicial Reconstitution ( RA 26) and
2. Administrative Reconstitution (RA 6732).

The Judicial Reconstitution requires the filing of a Petition in the proper


Regional Trial Court where the property is located which shall state,
among other things, the following:

(a) that the owner's or co-owners duplicate of the certificate of title


had been lost or destroyed;
(b) that no co-owner's mortgagee's or lessee's duplicate had been
issued, or, if any had been issued, the same had been lost or
destroyed;
(c) the location, area and boundaries of the property;
(d) the nature and description of the buildings or improvements, if any,
which do not belong to the owner of the land, and the names and
addresses of the owners of such buildings or improvements;
(e) the names and addresses of the occupants or persons in possession
of the property, of the owners of the adjoining properties and all
persons who may have any interest in the property;
(f) a detailed description of the encumbrances, if any, affecting the
property; and
(g) a statement that no deeds or other instruments affecting the
property have been presented for registration, or, if there be any, the
registration thereof has not been accomplished, as yet. All the
documents, or authenticated copies thereof, to be introduced in
evidence in support of the petition for reconstitution shall be attached
thereto and filed with the same (Section 12, RA 26).

The notice of the petition must also be published twice in successive


issues in the Official Gazette, posted on the main entrance of the
provincial and municipal building in which the land is situated, at least
thirty (30) days prior to the date of hearing. The Court shall likewise
cause a copy of the notice to be sent, by registered mail or otherwise,
at the expense of the petitioner, to every person named therein whose
address is known, at least thirty days prior to the date of hearing. Said
notice shall state, among other things, the number of the lost or
destroyed certificate of title, if known, the name of the registered
owner, the names of the occupants or persons in possession of the
property, the owners of the adjoining properties and all other interested
parties, the location, area and boundaries of the property, and the date
on which all persons having any interest therein must appear and file
their claim or objections to the petition. The petitioner shall, at the
hearing, submit proof of the publication, posting and service of the
notice as directed by the court. (Section 13, R.A. No. 26).

The petition shall be accompanied with the necessary sources for


reconstitution and with an affidavit of the registered owner stating,
among other things, that no deed or other instrument affecting the
property had been presented for registration, or, if there be any, the
nature thereof, the date of its presentation, as well as the names of the
parties, and whatever the registration of such deed or instrument is still
pending accomplishment. (Section 5, RA 26)
Attachments to the Petition may include Certified True Copy of title
sought to be reconstituted, Affidavit of Loss, Certificate of No Claim
issued by the Registry of Deeds concerned, Tax Declaration covering
the subject property and Tax Clearance. (See Sample Petition for the
Issuance of Second Owners Duplicate Copy)

On the other hand, Administrative Reconstitution may be availed of only


in case of substantial loss or destruction of land titles due to fire, flood
or other force majeure as determined by the Administrator of the Land
Registration Authority: Provided, That the number of certificates of
titles lost or damaged should be at least ten percent (10%) of the total
number in the possession of the Office of the Register of Deeds:
Provided, further, That in no case shall the number of certificates of
titles lost or damaged be less than five hundred (500).

"Notice of all hearings of the petition for judicial reconstitution shall be


furnished the Register of Deeds of the place where the land is situated
and to the Administrator of the Land Registration Authority. No order or
judgment ordering the reconstitution of a certificate of title shall
become final until the lapse of fifteen (15) days from receipt by the
Register of Deeds and by the Administrator of the Land Registration
Authority of a notice of such order or judgment without any appeal
having been filed by any such officials." (Section 1, RA 6732)

When reconstitution is ordered, this document is replaced with a new


onethe reconstituted titlethat basically reproduces the original. After
the reconstitution, the owner is issued a duplicate copy of the
reconstituted title. This is specifically provided under Section 16 of
Republic Act No. 26, An Act Providing a Special Procedure for the
Reconstitution of Torrens Certificates of Title Lost or Destroyed, which
states:

Sec. 16. After the reconstitution of a certificate of title under the


provisions of this Act, the register of deeds shall issue the
corresponding owner's duplicate and the additional copies of said
certificates of title, if any had been previously issued, where such
owner's duplicate and/or additional copies have been destroyed or lost.
This fact shall be noted on the reconstituted certificate of title.
(Emphasis Supplied)
References:
1. Republic of the Philippines v. Tuastumban, G.R. No. 173210, April
24, 2009;
2. Republic of the Philippines vs. De Dios G.R. No. 170459, February 9,
2011; and
3. Republic Act No. 26, S.1946
4. Republic Act 6732 S. 1989