Acquisition of a New (“Duplicate”) Certificate of Title When the Present Holder Refuses to Surrender It
(Philippine Law and Practice Guide)
This is a doctrinal-and-practice survey prepared for legal research. It is not a substitute for personalised legal advice.
1. The role of the “owner’s duplicate”
Under the Torrens system every registered parcel has two physical certificates of title:
| Copy |
Where kept |
Purpose |
| Original (OCT/TCT/CCT) |
Registry of Deeds (RD) |
Forms the “mother record.” It never leaves the RD. |
| Owner’s duplicate |
Handed to the registered owner or lawful possessor |
Must be produced every time a voluntary transaction (sale, mortgage, lease, etc.) is registered. |
Because the duplicate must be exhibited before the RD can annotate or cancel the title, a person who retains it can effectively paralyse dealings with the land.
2. Statutory bases for compelling surrender or replacing an owner’s duplicate
| Situation |
Governing provision of Presidential Decree No. 1529 (Property Registration Decree, 1978) |
| Duplicate lost, destroyed, or cannot be found |
§ 109 – “Replacement of lost owner’s duplicate certificate.” |
| Duplicate withheld or refused to be produced |
§ 107 – “Surrender of owner’s duplicate certificate on entry of new certificate.” (made applicable to any withholding situation by jurisprudence) |
| After the court orders surrender but holder still refuses |
Court may declare the existing duplicate null and void and direct the RD to issue a new one to the registered owner. |
Other related provisions:
- § 108 – Amendment/alteration of certificates (used to correct errors; requires production of both copies, hence often triggers § 107).
- § 103 – Contempt and criminal liability for disobedience of a court order issued under the Decree.
3. Outline of the judicial remedy when the holder will not surrender
| Stage |
What happens |
Key documents / requirements |
| A. Extra-judicial demand |
Written demand on the holder to surrender the duplicate. Although not required by § 107, it shows good faith and may avoid litigation. |
Demand letter with proof of receipt. |
| B. Verified petition in the Land Registration Court (the Regional Trial Court acting under its LRA docket) |
Petitioner alleges (1) ownership, (2) description of the land and its TCT/OCT/CCT number, (3) facts showing unlawful withholding, and (4) relief sought (surrender or issuance of a new duplicate). |
1. Certified true copy of the original title on file with the RD. 2. Latest real-property tax declaration and tax-payment receipts. 3. Affidavit of non-collusion and venue. 4. Demand letter (if any). |
| C. Notice & hearing |
Court sets hearing; notice to RD, occupants, claimants; posting at the site; publication once in the Official Gazette or a newspaper of general circulation (by analogy with § 109). |
Proofs of service, posting, and publication. |
| D. Court order |
a. Directing the respondent-holder to surrender the duplicate within a non-extendible period. |
|
| b. Declaring the duplicate null and void if not surrendered, and authorising the RD to issue a new owner’s duplicate to the petitioner. |
Certified copy of the order for registration. |
|
| E. Registration at the RD |
RD cancels the outstanding duplicate, issues a new duplicate reciting the authority of the court, and stamps the original title with the memorandum “New owner’s duplicate issued in lieu of one declared void by Order dated __.” |
Court order, owner’s ID, payment of fees. |
Time-frame. 6 – 12 weeks in uncontested cases; longer if the respondent opposes or appeals.
4. Evidentiary standards
- Clear and convincing proof of authority – The petitioner must establish that (1) the land is indeed registered in his name and (2) he is entitled to possession of the duplicate (e.g., as registered owner, heir, judicial administrator).
- Explanation of non-production – The petition must show that the duplicate is being withheld without lawful ground. Mere inability to locate the holder after diligent search supports a petition under § 109 instead.
- Good faith – The petitioner must not be seeking a new duplicate to perpetrate fraud. Courts scrutinise motives when there is an unsettled dispute over ownership.
5. Criminal and contempt liability of the holder who refuses to surrender
| Violation |
Penal sanction |
| Refusal to obey a court order to surrender the duplicate |
Indirect contempt under Rule 71, punishable by fine or imprisonment, until compliance. |
| Refusal to surrender when required by the RD in a pending registration (no court order yet) |
§ 107, PD 1529: fine up to ₱ 1,000 or imprisonment up to 6 months or both. (Amounts remain unchanged because the provision has not been amended.) |
| Using the wrongfully-kept duplicate to register adverse dealings |
Estafa, falsification of public documents, or qualified theft, depending on the act. |
6. Selected Supreme Court cases
| Case |
G.R. No. |
Date |
Key doctrine |
| Spouses Ababon v. People |
187521 |
14 Sep 2016 |
Person refusing to deliver the duplicate despite demand by the RD and the RD’s lawful order commits an offence under § 107; good faith is a defence if holder honestly believed he had a lien. |
| Heirs of Malate v. Gamboa |
195178 |
11 Jun 2014 |
§ 107 petition is proper even where a memorandum of sale is to be annotated; withholding duplicate cannot defeat a registered owner’s right to deal with the land. |
| Iglesia ni Cristo v. Court of Appeals |
119673 |
9 Jun 1998 |
Procedure under § 107 must be distinguished from reconstitution under RA 26; one deals only with the duplicate while the other with the original. |
| Lim v. Land Registration Authority |
131619 |
13 Jan 2000 |
A duplicate declared void by final order cannot be relied upon in any transaction; good-faith purchasers are charged with notice of the court order. |
7. Distinguishing § 107 from § 109 petitions
| Item |
§ 107 – Withheld duplicate |
§ 109 – Lost / destroyed duplicate |
| Focus |
Compelling surrender; or replacement only if surrender is impossible |
Replacement after loss / destruction |
| Respondents |
Holder(s) of the duplicate |
RD only (plus any known claimants) |
| Publication |
Not expressly required but usually ordered |
Mandatory one-time publication |
| Evidence |
Whereabouts of duplicate and fact of refusal |
Affidavit of loss + proof of diligent search |
| Annotation on original title |
Memorandum that old duplicate “declared void” |
Memorandum that duplicate “lost/destroyed, new issued” |
8. Practical tips for counsel and landowners
- Document every demand and response; it will be annexed to the petition and may support criminal charges later.
- Pay the real-property tax before filing; courts often require the latest tax receipt.
- Name all possible holders as respondents—the RD is powerless to force third parties not impleaded.
- *Ask the court to authorise the RD to dispense with the duplicate for all future registration if the holder’s identity or location is unknown; this avoids repeated litigation.
- Register the order promptly; until the new duplicate is issued, the owner still cannot transact with the land.
- Secure certified true copies of the original title and of the new duplicate; banks and buyers often require both.
9. Costs and fees (typical Metro Manila rates, 2025)
| Item |
Cost |
| Filing fee (RTC, land registration case, property valued at ₱ 2 M) |
≈ ₱ 9,000 |
| Legal research fund, sheriff’s fee, mailing |
2,500 – 4,000 |
| Publication (1 day, Manila-based broadsheet) |
12,000 – 18,000 |
| Attorney’s acceptance + appearance fees |
30,000 – 100,000 (market-driven) |
| Registry fee for issuance of new duplicate |
1/10 of 1 % of assessed value but not < ₱ 500 |
| Certified copies, incidental expenses |
2,000 – 5,000 |
10. Step-by-step checklist
- Gather documents (certified title, tax declarations, IDs).
- Serve demand letter on the current holder.
- Prepare verified petition under § 107 PD 1529.
- File with the proper RTC (where the land is situated).
- Secure order of hearing; pay publication/posting fees.
- Attend hearing; present proofs of notice and ownership.
- Obtain court order directing surrender or cancellation.
- Register the order with the RD; pay issuance fee.
- Receive new owner’s duplicate certificate.
- Keep the duplicate in a secure place; consider digital copies.
11. Frequently-asked questions
| Question |
Short answer |
| Can I use a police blotter instead of a court petition? |
No. Administrative or police reports cannot override the Torrens requirement that the duplicate be produced or lawfully replaced by court order. |
| What if the refusing holder is a bank holding the title as collateral? |
If the loan is fully paid, attach proof of payment; the bank becomes an unlawful holder if it refuses to release the title. |
| Does the new duplicate affect mortgages or liens already annotated? |
No. All prior annotations on the original title are carried over and deemed reproduced on the new duplicate. |
| Can the court proceeding be ex parte? |
Only when the holder is unknown or cannot be located despite diligent efforts. Otherwise due process requires giving the holder a chance to explain. |
| Is my title vulnerable if someone secretly files a § 107 petition? |
All petitions must be published and posted. You may oppose and present evidence if you believe you are the lawful holder. |
12. Conclusion
The refusal of a holder to surrender an owner’s duplicate certificate can stall legitimate land transactions, but PD 1529 equips registered owners with a clear judicial mechanism to compel surrender or, in default, obtain a fresh, court-authorised duplicate. Careful compliance with notice, publication, and evidentiary rules ensures that the new duplicate is beyond challenge and that the Torrens system’s guarantee of indefeasibility remains intact.