Losing the Owner’s Duplicate Copy of your land title is a serious issue that can lead to legal complications, fraudulent transactions, and even potential loss of property rights. Many Filipinos mistakenly believe that whoever holds the original copy of the title is the rightful owner or has the authority to sell the land. However, this assumption is dangerous, as it can lead to fraudulent transfers and disputes, making both the owner and an unsuspecting buyer victims of real estate fraud.

If you have lost your land title, it is crucial to act immediately to secure a replacement and prevent any unlawful transactions involving your property.

WHAT TO DO IF YOUR LAND TITLE IS LOST

To legally replace a lost title, a judicial process must be followed. Here’s what a registered landowner should do:

1. Obtain an Electronic Copy of the Title – Visit the Registry of Deeds and secure a certified electronic copy of the lost title to confirm ownership and its last recorded status.
2. Execute an Affidavit of Loss – Have a notarized Affidavit of Loss prepared, stating the circumstances of how the title was lost. This document will be required in court.
3. Prepare a Petition for Reconstitution – A lawyer must draft a Petition for Reconstitution of the lost title and file it with the Regional Trial Court (RTC) of the city or province where the property is registered.
4. File the Petition in Court – The petition must be formally submitted to the RTC, accompanied by supporting documents such as the Affidavit of Loss, a certified copy of the title from the Registry of Deeds, and proof of publication.
5. Judicial Process and Hearing – Once the petition is filed, the court will issue an order setting a hearing date. The notice of hearing must be posted in designated public places and published in a newspaper of general circulation to inform interested parties.
6. Presentation of Evidence – If there are no oppositors, the petitioner (landowner) must present evidence and testimonies before the Clerk of Court. If all legal requirements are satisfied, the court will grant the petition.
7. Issuance of a New Title – After the court renders a favorable decision, the Registry of Deeds will issue a new Owner’s Duplicate Copy of the title, ensuring that the owner retains full legal rights over the property.

HOW LONG DOES THE PROCESS TAKE?

If there are no oppositions, the process can take around five (5) months from the filing of the petition to the issuance of a new title. However, delays may occur due to court schedules, publication requirements, or if someone contests the petition.

COSTS INVOLVED

The landowner must cover expenses such as:

• Filing fees
• Attorney’s fees
• Publication costs
• Notarial fees

While the expenses for reconstituting a lost title are generally lower than those in ordinary civil cases, it is still advisable to act promptly to avoid complications.

WHY LEGAL REPRESENTATION IS IMPORTANT

Since the process of title reconstitution is judicial in nature, it is important to have a lawyer guide you through the proceedings. Legal representation ensures that all necessary documents are properly prepared, deadlines are met, and the case is presented effectively in court.

If you or someone you know has lost their land title, taking immediate legal steps can help safeguard property rights and prevent fraudulent transactions. For legal assistance in processing a Petition for Reconstitution of Title, feel free to reach out to our law office.

Need help recovering your lost land title? Contact us today to schedule a consultation.

SAMPLE PETITION FOR RECONSTITUTION OF TITLE

REPUBLIC OF THE PHILIPPINES
SECOND JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH __
TUGUEGARAO CITY, CAGAYAN

IN RE: PETITION FOR THE
ISSUANCE OF A NEW OWNER’S
DUPLICATE COPY OF TRANSFER
CERTIFICATE OF TITLE NO. T-12345
RECORDED IN THE OFFICE OF THE
REGISTER OF DEEDS OF
TUGUEGARAO CITY, CAGAYAN,
REGISTERED UNDER THE NAME OF
JUAN DELA CRUZ

CAD CASE NO. ____

---

JUAN DELA CRUZ
Petitioner.

x- – – – – – – – – – – – – – – – – – – -x

PETITION

PETITIONER, by counsel unto this Honorable Court, most respectfully states:

1. Petitioner, JUAN DELA CRUZ, is of legal age, Filipino, married, and a resident of Apple St., Leonarda, Tuguegarao City, Cagayan;

2. Petitioner before his marriage acquired a property located Apple St., Leonarda, Tuguegarao City, Cagayan. The acquisition was by way of a Deed of Absolute Sale.

A copy of the Deed of Absolute Sale is hereto attached and marked as Annex “A”.

3. Petitioner is the registered owner of the aforementioned parcel of land, the technical description of which and petitioner’s title thereto being found in and evidenced by Transfer Certificate of Title No. T-12345 of the Register of Deeds of Tuguegarao City, Cagayan, more specifically described as follows, to wit:

“Beginning at a point marked “1” of Lot 123, Pls-456-D’ being S.10-11 ‘E., 1213.14 m. from B.L.L.M. No.1, Pls-151-D; thence  S. 61-7 ‘W., 18.19 m. to point 2; S. 20-21 ‘W., 22.23 m. to point 3; N. 24-25 ‘E., 26.27 m. to point 4; N. 28-29 ‘E., 303.13 m. to point 5; S. 233-34 ‘E., 35.36 m. to point 6; S. 37-38 ‘W., 394.04 m. to point 1, point of beginning; Containing an area of ONE THOUSAND (1,000sqm) SQUARE METERS.”

A copy of the said Transfer Certificate of Title No. T-12345 is hereto attached as Annex “B”;

4. Petitioner kept the title in an envelop inside his house together with other important documents. However, after super typhoon Lawin struck Tuguegarao, he could no longer locate the envelope because most of his belongings, including it, were carried away by the flood.

5. Petitioner exerted all diligent efforts to search for said Title however, such is to no avail.

6. On 31 July 2017, Petitioner executed an Affidavit of Loss of the owner’s duplicate of TCT No. T-12345. A copy of the petitioner’s sworn statement of the fact of said loss is hereby attached as Annex “C”;

7. Petitioner additionally caused the registration and annotation of the above Affidavit of Loss at the back of TCT No. T-12345 with Entry No. 678910 dated 31 August 2024;

8. The lost owner’s duplicate copy of TCT No. T-12345 had not been taken for any tax assessment or delivered to any person or entity to secure the payment or performance of any obligation whatsoever.

9. In the light of the foregoing, the petitioner respectfully prays that the Honorable Court issue an order directing the Office of the Register of Deeds of Tuguegarao City, Cagayan to issue a new Owner’s Duplicate Copy of Transfer Certificate of Title No. T-12345;

PRAYER

WHEREFORE, premises considered, it is respectfully prayed of this Honorable Court that after trial, judgment be rendered in favor of the Petitioner,

1. Declaring the Owner’s Duplicate Copy of the Transfer Certificate of Title No. T- T-12345, which was lost, as null and void;

2. Ordering the Office of the Register of Deeds of Tuguegarao City, Cagayan to issue a new Owner’s Duplicate Copy of Transfer Certificate of Title No. T-12345, in the same terms and conditions as the original thereof, upon payment of all proper fees therefore; or

Other reliefs just and equitable under the premises are likewise prayed for.

01 September 2024, Tuguegarao City, Cagayan

ATTY. MICHAEL JHON M. TAMAYAO
Counsel for the Petitioner
#7 Caritan Highway, Caritan Centro,
Tuguegarao City, Cagayan
PTR No.0123456
IBP No. 7890123
Roll No. 123456
MCLE Compliance No. 7654321

REPUBLIC OF THE PHILIPPINES )
CITY OF TUGUEGARAO ) SS
PROVINCE OF CAGAYAN )

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, JUAN DELA CRUZ, of legal age, Filipino and with postal address at Tuguegarao City, Cagayan, after having been sworn to and in accordance with law, depose and say:

1. I am the Petitioner in the above entitled case, and I have caused the preparation of the above Petition for Review Under Rule 42 of the Rules of Court and have read the same and know the contents thereof; the allegations contained therein are true and correct of my own personal knowledge and based on authentic records; the pleading is not filed to harass, cause unnecessary delay, or needlessly increase the cost of litigation; and the factual allegations therein have evidentiary support after a reasonable opportunity for discovery; and
2. I further certify that: (a) I did not theretofore commence any other action or proceeding or filed any claim involving the same issues or matter in any court, tribunal, or quasi-judicial agency and, to the best of my knowledge, no such action or proceeding is pending therein; (b) If I should thereafter learn that the same or similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or quasi-judicial agency, I undertake to report such fact within five (5) days therefrom to the court or agency wherein the original pleading and sworn certification contemplated herein have been filed.

IN WITNESS WHEREOF, we have hereunto set my hand this _______________________ in Tuguegarao City, Cagayan, Philippines.
JUAN DELA CRUZ
Affiant
SUBSCRIBE AND SWORN to before me, this _____ day of __________________ at Tuguegarao City, Cagayan, by Affiant exhibiting to me his Driver’s License Identification No. __________________.
WITNESS MY HAND AND NOTARIAL SEAL.
Doc. No. ____;
Page No. ____;
Book No. ____;
Series of 2024.