My property title is lost or destroyed! What should I do?

The most important document to keep and safeguard if you own a property is perhaps the original copy of your land title. It is proof of ownership and completed purchase.

However, there are unfortunate situations beyond our control, like fire or flood, that leads to loss of the certificate of title.

What should you do if your property title is lost or destroyed?

In cases where only the owner’s duplicate is lost or destroyed and the copy at the register of deeds is still intact, then the owner only needs to get a replacement for the lost duplicate certificate. The procedure on how to accomplish this is stated in Section 109 of Presidential Decree (P.D.) No. 1529 (Property Registration Decree).

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.

On the other hand, if the original copy of the title in the Registry of Deeds was also destroyed, the procedure is stated in Section 110:

Section 110. Reconstitution of lost or destroyed original of Torrens title. Original copies of certificates of title lost or destroyed in the offices of Register of Deeds as well as liens and encumbrances affecting the lands covered by such titles shall be reconstituted judicially in accordance with the procedure prescribed in Republic Act No. 26 insofar as not inconsistent with this Decree. The procedure relative to administrative reconstitution of lost or destroyed certificate prescribed in said Act is hereby abrogated.

Notice of all hearings of the petition for judicial reconstitution shall be given to the Register of Deeds of the place where the land is situated and to the Commissioner of Land Registration. No order or judgment ordering the reconstitution of a certificate of title shall become final until the lapse of thirty days from receipt by the Register of Deeds and by the Commissioner of Land Registration of a notice of such order or judgment without any appeal having been filed by any of such officials.

Steps for Replacing a Lost Land Title

There are several stages to be undertaken in order to have your land title reissued.

Filing for Annotation of the Affidavit of Loss
Requesting a Certified True Copy with the Loss already annotated
Filing of Petition with the Regional Trial Court
Jurisdictional Hearing
Submission of Evidence
Issuance of Court Decision
Issuance of Certificate of Finality
Filing of Court Decision and Certificate of Finality at the Registry of Deeds
Issuance of Replacement Owner’s Land Title

eTitles

One way to safeguard property titles is by converting it into an “eTitle” through the Land Registration Authority’s Voluntary Title Standardization Program. According to LRA’s website,

“Registry copies of the titles are protected from loss or destruction due to age, wear and tear, fire, natural disasters, and misfiling of records, as the eTitles are stored in its electronic original form, which are regularly backed up. By availing of this program, eTitle owners may rest assured that their titles are always safe and available, and they need no longer go through the expensive and time consuming process of title reconstitution should a disaster hit the Registry”.

For a sample of the documents that need to be submitted if you would like to apply for an eTitle, click here.