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Did you lose your personal copy of your land title, otherwise known as the owner’s duplicate certificate of title? Was it lost in a fire? Did you lose it when a typhoon hit? Was it not returned to you by an agent who promised to process it before a government agency? Did a relative deprive you of its possession because of a property dispute?

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Section 109 of Presidential Decree No. 1529, or the Property Registration Decree, is the law applicable in petitions for issuance of new owner's duplicate certificates of title which are lost or stolen or destroyed. (Heirs of Sps. Ramirez v. Abon, G.R. No. 222916, 24 July 2019)

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The said provision of law provides that 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 on 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. This sworn statement is in the form of a notarized Affidavit of Loss.

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However, you cannot get a new duplicate certificate of title just by filing an Affidavit of Loss. After filing the Affidavit of Loss before the Registry of Deeds, you should file or cause the filing of a petition before the Regional Trial Court praying for the issuance of a new duplicate certificate. The court may, after notice and due hearing, direct the Register of Deeds to issue of a new duplicate certificate. The new duplicate certificate shall contain a memorandum of the fact that it is issued in place of the lost duplicate certificate. The new duplicate shall in all respects be entitled to like faith and credit as the original duplicate.

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Even if you do not plan on securing a new duplicate certificate of title after the original duplicate was lost or destroyed, it is imperative that you notify the Register of Deeds by filing an Affidavit of Loss before it. This is especially important when the same was stolen or you were deprived of possession thereof by another person who has an interest in the property. These persons may surreptitiously cause the transfer thereof without you knowing or consenting thereto.

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Note that notarization of the Affidavit of Loss can only be done by a commissioned notary public. To ensure a smooth transaction, we also offer comprehensive notarization services alongside our assistance in its filing before the Registry of Deeds as well as the reissuance of a lost, stolen or destroyed owner’s copy of a land title.

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Disclaimer: This article is for informational purposes only and should not be considered legal advice. For specific guidance on concerns regarding the reissuance of a lost or destroyed title, consult with a legal professional.

‍Padin & Partners Law Offices is a full-service law firm that caters to property concerns and assistance regarding the reissuance of a lost or destroyed title. For consultations: book an appointment or reach us at  +63 (32) 316-1540 or +63 917 188 0361.