Losing a land title is a serious matter, especially when BOTH the Registry of Deeds (ROD) copy and the Owner’s Duplicate Certificate of your Transfer Certificate of Title (TCT) are missing. Without these documents, you may face difficulties proving ownership, selling, mortgaging, or transferring the property. Fortunately, the law provides a remedy known as judicial reconstitution of title.

In one case, client’s situation is very peculiar and indeed challenging. The TCT on file with the Registry of Deeds is missing due to “natural causes.” The Owner’s Duplicate Certificate of Title is also missing, making it impossible to prove ownership through the usual means. There is no certified true copy of the TCT available from the ROD. There is presumably a valid transfer of ownership, but the key deed of conveyance used for the transfer is also missing, making it unclear how the current owners obtained the property.

Understanding Judicial Reconstitution of Title

Reconstitution of title is the legal process of restoring a lost or destroyed title based on reliable sources that prove its existence before it went missing. This process ensures that the rightful owner can obtain a new, valid certificate of title, allowing them to exercise full ownership rights. This remedy becomes necessary in the current situation.

Steps in Filing a Petition for Reconstitution of Title

If you find yourself in this situation, the following steps will help you increase your chances in securing a court-issued reconstituted title:

1. Gather Available Evidence of Ownership

Since the original title is missing, you must provide secondary evidence to prove your rightful ownership. These documents may include:

a. Tax declarations and real property tax receipts showing continued payment under your name.

b. Copies of previous deeds of sale, extrajudicial settlement agreements, or other supporting documents.

c. Affidavits from previous owners, witnesses, or individuals familiar with the property’s history.

d. Certifications from the Land Registration Authority (LRA) regarding any record of the lost title.

2. Obtain a Certification from the Registry of Deeds

Before filing a petition, you need to secure a Certification of Non-Availability from the ROD, confirming that their records no longer contain a copy of your title.

3. Execute an Affidavit of Loss

The owner or the person in possession of the title must execute an Affidavit of Loss, explaining the circumstances surrounding the disappearance of the Owner’s Duplicate Copy.

4. File a Petition for Judicial Reconstitution of Title

The petition must be filed before the Regional Trial Court (RTC) which has jurisdiction over the property. It should detail:

a. The history of ownership.

b. The circumstances of the titles’ loss.

c. The legal basis for reconstitution.

d. The supporting evidence proving ownership.

e. Publication and Notification Requirements

The court will require the petition to be published in a newspaper of general circulation and notify relevant government agencies, including the Land Registration Authority (LRA), Department of Environment and Natural Resources (DENR), the Registry of Deeds, and all interested parties.

Court Hearing and Issuance of New Title

After the proper hearing, the court will determine if the reconstitution is justified. If approved, the Registry of Deeds will issue a new Transfer Certificate of Title (TCT) in the name of the rightful owner.

Challenges You Might Encounter

One of the main issues in this case is the missing deed of conveyance that was used for the transfer to the current registered owners. Without this, questions may arise about whether the transfer was valid. In such situations, additional proof—such as witness testimonies, tax records, and notarized agreements—may be needed to satisfy the court.

Protect Your Property Rights

Losing a land title is a major concern, but the law provides a clear process for reconstituting a lost or missing title. If you are facing this issue, it is crucial to act quickly and seek legal guidance to avoid potential disputes or claims against your property.