I Lost My Land Title, What Should I Do Now?

DSLaw Real Estate Law Series

I LOST MY LAND TITLE, WHAT SHOULD I DO NOW? [Understanding the Laws and Procedures on Reissuance of Lost Title under Section 109 of Presidential Decree No. 1529}

Property registration in the Philippines follows the Torrens System, which recognizes a title as the best evidence of ownership of real property, such as lands and condominiums [1].  These property titles may be in the form of an Original Certificate of Title, a Transfer Certificate of Title, or a Condominium Certificate of Title.

For many property owners, having a title confirming their ownership provides them with a sense of security and peace of mind. After all, if you do not have your title in your possession, it can give rise to different presumptions and implications. For instance, it may be interpreted that you have actually sold or mortgaged your property to another person. Worse, if a third person gets hold of your title, he/she may validly transfer ownership of your property to a so-called purchaser for value and in good faith under certain circumstances [2].

But, what if the said title is lost or destroyed? What can the owner do to secure his ownership? Section 109 of Presidential Decree No. 1529 provides for a remedy, which states in part: 

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.

          In a nutshell, the procedure for securing a new certificate of title is commenced by executing an affidavit of loss and thereafter filing it with the Registry of Deeds of the province or city where the property is located. Then, the applicant files a petition with the appropriate Regional Trial Court to conduct reissuance proceedings. Once the petition is granted by the court, the judge shall order the issuance of a new title, which will be entitled to the same faith and credence as the duplicate original title[3]. The property owner can now freely use the reissued title to transact and perform proprietary acts or acts of dominion such as sale, mortgage, and lease.

          Thus, if you have lost or otherwise misplaced your title, but have not yet commenced a judicial proceeding for its reissuance, you can execute a Notice of Loss and file the same with the appropriate Register of Deeds to initially protect your property from possible fraudulent transactions. If you want to have peace of mind, take action now and talk to your real estate lawyer.

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[1]  Adobon v. Adobon, G.R. No. 155830, (2012).

[2] Yap v. Republic of the Philippines, G.R. No. 199810, (2017).

[3] Section 109, PD 1529.

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