Copy of Contract of Sale Retrieval in the Philippines
A practical-legal guide for owners, buyers, heirs, lenders, and counsel
1. Why people look for a lost or missing contract of sale
| Typical scenario | What the document is needed for |
|---|---|
| Title transfer (Torrens or tax declaration) | Registry of Deeds (RD) or assessor requires the notarized deed or its certified true copy (CTC). |
| Loan or mortgage | The bank wants proof of ownership chain and values the original date of sale. |
| Estate settlement | Heirs must prove how the decedent acquired the property. |
| Vehicle registration | The LTO asks for a notarized Deed of Sale to transfer ownership. |
| Litigation | Courts require the best evidence of the parties’ agreement. |
2. Legal nature of a Philippine “Contract of Sale”
| Element | Key provisions |
|---|---|
| Definition | Civil Code Art. 1458: “…a contract whereby one of the contracting parties obligates himself to transfer the ownership of and to deliver a determinate thing…” |
| Form | Sales of personal property are generally valid even orally. Sales of real property must appear in a public instrument and be recorded to bind third persons (Arts. 1356 & 1358). |
| Recording statute | Property Registration Decree (PD 1529) §56: an instrument affecting registered land is not effective as against innocent third persons unless filed with the RD. |
| E-commerce recognition | Electronic Commerce Act (RA 8792) allows electronic counterparts, but registration authorities still insist on a paper public instrument (with wet-ink notarization) for land or motor vehicles. |
3. Where official or secondary copies may reside
Notary Public’s protocol book & notarial file
- 2004 Rule on Notarial Practice §§2–4, 12: the notary keeps the original instrument (“Notarial Register”), and submits monthly Notarial Reports plus duplicates to the Clerk of Court (Executive Judge).
- After five years, notaries often turn files over to the RTC archive; retired notaries’ records are likewise transmitted.
Registry of Deeds (real property)
- The deed that was actually registered is imaged, micro-filmed, and bound to the title records.
- A certified true copy (CTC) printed on security paper is available on request (PD 1529 §§57–58).
Land Registration Authority eSerbisyo (online)
- Since 2021, the LRA issues electronic CTCs of deeds attached to an OCT/TCT via its portal; pick-up is at any RD or a selected LRA pick-up center.
BIR One-Time Transaction (ONETT) file
- The stamped deed with Documentary Stamp Tax (DST) and Capital Gains/Withholding tax validations is retained by the BIR; a photocopy may be requested for tax audit or estate settlement.
LTO IT records & “blue folder” (motor vehicles)
- The original notarized Deed of Sale (DOS) is folded inside the Motor Vehicle File stored at LTO Central Office QC; branch offices keep scanned copies.
Other repositories
- Chattel Mortgage Register at the RD for DOS + C/M covering personal property.
- Court archives if the deed was annexed to a pleading.
- Parties’ personal files—always the simplest solution if someone still has a spare notarized duplicate.
4. Retrieval routes and step-by-step procedure
4.1 From the Notary Public (fastest if still in practice)
| Step | Detail |
|---|---|
| 1 | Identify the notary’s name & commission no. printed on the acknowledgment page and locate his/her office. |
| 2 | Prepare a Request Letter citing the document title, date, parties, and reason (e.g., title transfer). |
| 3 | Attach copies of a government ID and an Authorization Letter if you are not a signatory. |
| 4 | Pay the certification fee (usually ₱200–₱500) and receive a certified photocopy bearing the notary’s seal and a fresh certification on the last page. |
Tip: Under §12, the notary must provide copies “to any person having a legal interest therein,” subject to reasonable fees.
4.2 From the Clerk of Court / Regional Trial Court Archives
- Go to the RTC Office of the Executive Judge in the city/municipality where notarization occurred.
- Present an ID and state the details of the deed; search the Notarial Reports Logbook.
- Once located, pay the archive retrieval fee (₱50 search + ₱10/page certification).
- The Clerk issues a Certified Photocopy sealed with the RTC dry seal.
4.3 From the Registry of Deeds (if the sale was registered)
| Action | Notes |
|---|---|
| Search the Primary Entry Book | Give the OCT/TCT number or the seller’s name; staff will locate the Entry No. and microfilm image. |
| Fill out an LRA Form 96-CTC | Indicate “Deed of Absolute Sale dated ____ affecting TCT No.____.” |
| Pay fees | In Metro Manila: ₱165 first page + ₱20 each additional; plus ₱30 certification fee. |
| Claim schedule | Same day in smaller RDs; 3–5 days in busy districts; 7 days if the file is in off-site storage. |
Note: If the deed was never presented for registration, the RD will have no copy at all. Proceed to the notary or the parties.
4.4 Online via LRA eSerbisyo
- Create an account, choose “Certified Copy of Document”, input title particulars, and pay via e-payment gateway.
- Receive an SMS/email when ready; pick up at your nominated RD or LRA Central; bring ID and reference code.
- Fees mirror over-the-counter charges plus an e-service convenience fee (~₱35).
4.5 From the BIR
| When needed | How to request |
|---|---|
| Estate tax cases, audit reconstruction | Write to the RDO where the DST was paid, attach ID and proof of relationship/interest. |
| Processing time | 5 working days minimum (document retrieval officer must pull the ONETT folder). |
| Cost | Certification fee ₱100 + ₱5/page, payable to BIR CFO. |
4.6 For motor vehicles: LTO Central Records
- Submit a Request for Access to Motor Vehicle File at the Records Section (East Avenue, QC).
- Pay ₱75 search fee + ₱50/page certification.
- Processing: 2–3 hours same day; provincial requests may take a week.
5. If no copy exists in any repository
| Legal remedy | Brief explanation |
|---|---|
| Secondary evidence in court | Rule 130 §5, Rules of Evidence: present an affidavit of loss + testimony on contents. |
| Action for Re-issuance/Reformation | File before RTC to compel the opposing party to execute a new public instrument under Art. 1357 & 1361, Civil Code. |
| Administrative Reconstitution | For deeds attached to lost titles destroyed by calamity: Act 3110 / RA 6732 for large-scale loss. |
| New deed of Confirmatory Sale | Parties execute and register a replacement; often easier than litigating. |
6. Costs & timelines at a glance (2025 rates)
| Source | Typical official fees | Turn-around |
|---|---|---|
| Notary still active | ₱200–₱500 | 1 day |
| RTC Clerk (archives) | ₱60 – ₱120 | 1–3 days |
| Registry of Deeds | ₱165 + | Same-day to 5 days |
| LRA eSerbisyo | ₱165 + ₱35 e-fee | 3–7 days |
| BIR RDO | ₱100 + | 1 week |
| LTO Central | ₱125 + | Same day |
Add ₱30–₱150 for courier or PHLPost if requesting from the province.
7. Practical drafting & preservation tips
- Register promptly: Under the “mirror” and “curtain” principles of Torrens, registration is the operative act that binds third persons.
- Secure at least three notarized duplicates: one each for seller, buyer, and RD.
- Scan & store digitally: While electronic deeds cannot yet be registered, a scanned copy shortens searches.
- Note the notary’s details: Commission number, PTR, IBP number, and office address speed up later retrieval.
- Update address & contact details in the notarial acknowledgment—future subpoenas or tracing letters depend on this.
- Keep the BIR-stamped copy: The red DST & blue CGT stamps prove tax compliance and are often demanded by lenders.
- Use eNotary for non-real-property sales when practicable; RA 8792 covers purely personal property and minimizes the paper chase.
8. Common pitfalls
| Mistake | Consequence | Fix |
|---|---|---|
| Relying on an unnotarized private deed for land sale | Cannot be registered; weak against third parties. | Execute a confirmatory public instrument. |
| Assuming the RD keeps every deed | Unregistered deals leave no RD trace. | Go to notary/BIR instead. |
| Not asking for the Entry Number & Date upon registration | Harder to locate microfilm without these. | Retrieve via title search; pay RD research fee. |
| Losing tax payment receipts | BIR may refuse to certify. | File Affidavit of Loss + pay ₱15 Certification of Tax Payment. |
9. Data privacy & third-party requests
The Data Privacy Act of 2012 (RA 10173) allows release of documents when there is legitimate purpose or consent. RDs and courts will ask you to:
- Present government ID (and SPA or Board Resolution if a company).
- Sign a Data Privacy Undertaking not to misuse personal data.
- In estate cases, show birth/baptismal certificates and, if minor heirs, Guardianship Letters.
10. Frequently-asked questions
Q: The notary died years ago. Can I still get a copy?
A: Yes. His entire protocol is surrendered to the RTC Clerk of Court in the city of his commission.
Q: The RD says “No record found,” yet the deed was stamped “Received.”
A: Ask for the Lost/Misplaced Documents Log. If genuinely lost, file a petition for re-issuance under PD 1529 §109 (lost RD copy).
Q: Is an LRA CTC as good as the original notarized deed?
A: Yes; under PD 1529 §§57–58, a certified copy has the same probative value as the original, unless its authenticity is specifically put in issue.
Q: Can I simply notarize a photocopy?
A: No. The notary must compare with the original; notarizing a photocopy without it is a ground for administrative sanction and nullifies the instrument.
11. Sample template – Request Letter to the Registry of Deeds
Date: 15 May 2025
Executive Clerk of Registry of Deeds – Quezon City
Subject: Request for Certified True Copy of Deed of Absolute SaleDear Sir/Madam:
I, Juan Dela Cruz, buyer in the Deed of Absolute Sale dated 10 March 2018 covering TCT No. 004-123456 (Lot 5, Blk 7, Filinvest 2, Batasan Hills, QC), respectfully request a certified true copy thereof for the purpose of mortgage application with XYZ Bank.
I am attaching a photocopy of one valid ID, proof of interest (photocopy of TCT), and am ready to pay the prescribed fees.
Respectfully,
[Signature]
Juan Dela Cruz
Contact: 09XX-XXX-XXXX
12. Key statutes & rules to cite in pleadings
- Civil Code of the Philippines, Arts. 1458-1605 (Sales); Arts. 1356-1358 (Form of Contracts)
- Property Registration Decree (PD 1529), esp. §§56-58, §109
- Rule on Notarial Practice (2004, as amended 2019)
- Rules of Court, Rule 130 (Evidence)
- Land Registration Act Reconstitution Laws: Act 3110, RA 6732
- Electronic Commerce Act (RA 8792)
- Data Privacy Act (RA 10173)
13. Final takeaways
- Track down the notary or the RD first; 80 % of retrievals succeed there.
- Always insist on immediate registration and get the Entry No. and CTC while the deed is fresh.
- Prepare an Affidavit of Loss early if the original cannot be found within a few weeks.
- Digital scans are not substitutes for registration, but they make retrieval faster and litigation cheaper.
- When all else fails, execute a confirmatory instrument—it is quicker than a multi-year reconstitution case.
This article summarizes Philippine law up to May 7, 2025. It is offered for general information and is not a substitute for personalized legal advice. For complex or high-value transactions, consult a Philippine lawyer or accredited land registration practitioner.