How to Get a Certified True Copy of an Old Land Title Not in the LRA System (Philippines)
Overview
A Certified True Copy (CTC) of a land title is an official reproduction of the title on file with the Registry of Deeds (RoD) or the Land Registration Authority (LRA), bearing security features and certification that it’s a faithful copy of the original on record. Difficulties arise when the title is old (e.g., early Original Certificates of Title or early Transfer Certificates of Title) and not yet in the LRA’s computerized system. This article explains the governing law, the offices involved, and every practical pathway to secure a CTC—or, if the record is missing or destroyed, the proper reconstitution route.
Key idea: If the RoD still has the physical or microfilmed record, you can obtain a CTC. If the official record was lost or destroyed, you cannot get a CTC until the title is reconstituted under law.
Legal Bases
- Torrens System and Property Registration Decree (PD 1529) – Governs registration, certificates of title, and the roles of the RoD and LRA.
- Republic Act No. 26 (RA 26) – Governs reconstitution of lost or destroyed certificates of title (judicial or administrative, depending on circumstances).
- Related cadastral/survey and land management rules – Guide verification of lot identity via survey plans, cadastral maps, and technical descriptions.
- Data privacy and access rules – RoD may require proof of legitimate interest for sensitive records.
When a Title Is “Not in the LRA System”
“Not in the system” usually means the title information is not present in the e-Titling/centralized database but may still exist as:
- A manual paper title kept by the RoD;
- A microfilm or aperture card record (often centralized at the LRA Central Office or archived by the RoD);
- An entry in old primary books (e.g., Day Book/Entry Book, Titles Book, Decrees) from which copies can be certified.
If none of the above exists because the registry records were lost or destroyed (e.g., by fire, flood, war, or decay), the law requires reconstitution before a new official copy can be issued.
Offices You’ll Deal With
- Registry of Deeds (RoD) with territorial jurisdiction over the land – Primary office for issuing CTCs.
- LRA Central Office (Quezon City) – Houses divisions for Records/Archives, Microfilm, Decree Records, and Reconstitution support; issues certifications/validations used in court or reconstitution.
- DENR/LMB and DENR Regional/Land Management Services – For survey plans (e.g., Psu, Psd, Cad lot numbers), technical descriptions, and cadastral data to confirm lot identity when title particulars are unclear.
- NAMRIA – For geodetic control and base maps (occasionally relevant in complex survey verification).
Preliminary Verification (Do This First)
Assemble known details:
- Title number (OCT/TCT), registered owner, lot/block number, survey plan number (Psu/Psd/Cad), location (barangay/municipality/province).
- Owner’s duplicate of title (if available), prior CTCs, tax declarations, tax maps, old deeds, subdivision plans, and sketch plans.
Identify the correct RoD based on the land’s location. Administrative boundary changes matter; confirm current jurisdiction.
Check for encumbrance records: If you know of mortgages/annotations, list them; they help the RoD locate the folio or microfilm.
Documentary Requirements (Typical)
- Accomplished request form of the RoD/LRA for a CTC.
- Valid government ID of the requester.
- Proof of legitimate interest (e.g., owner, heir, buyer, lienholder, authorized representative).
- SPA/Board Resolution/Secretary’s Certificate if applying through a representative or for a juridical entity.
- Exact reference details (title number, name of registered owner, lot/plan numbers, location).
- Official receipts/fees (CTC fees per page, plus marginal fees for annotations or certifications).
Tip: Provide both the title number and plan/lot details. Many old records are indexed by plan or cadastral references.
Step-by-Step Pathways
Path A — Record Found at the RoD (Manual or Microfilm on Site)
- File a CTC request at the RoD where the land is located.
- The RoD conducts a manual search in the Primary Entry/Day Book, Titles Book, and title folio files, or checks on-site microfilm.
- If located, the RoD prints and certifies the CTC of the certificate of title (and, if requested, the CTC of the Encumbrances/Annotations page).
- Pay fees and claim the CTC.
Result: You receive a CTC even if not in the computerized system.
Path B — Record Not on Site, but in LRA Central Office Archives/Microfilm
- File your request with the RoD. If not found on site, request endorsement or guidance for LRA Central Office records search (or, in some locales, the RoD may itself coordinate).
- At the LRA Central Office, request a search with the Records/Archives or Microfilm Division, citing all known data (title number, decree number if known, plan number, owner, location).
- If a microfilmed folio/decree is found, request a certified copy (either routed back to the RoD for issuance or directly certified by LRA, depending on the record).
- Return to the RoD, if needed, to obtain the official CTC of Title and CTC of Encumbrances based on the located archival record.
Result: You obtain a CTC based on central archives.
Path C — Title Record Lost/Destroyed → Reconstitution Required (RA 26)
If the RoD/LRA issues a “No Record/Destroyed” certification for the original/duplicate on file, you cannot be given a CTC. You must reconstitute.
Two principal tracks:
1) Judicial Reconstitution (Court):
When used: Most common path, especially if registry records were destroyed (fire/flood/war) or if evidence sources are varied.
Evidence allowed (illustrative):
- Owner’s duplicate of the certificate of title;
- Co-owner/mortgagee duplicate (if owner’s duplicate is lost);
- Certified copies of the decree or title, if previously issued;
- Technical descriptions, survey plans (DENR), tax declarations, tax receipts;
- Other secondary evidence showing the existence and contents of the lost record.
Process outline:
- Prepare and file a petition for reconstitution in the proper RTC (land registration).
- Attach documentary evidence; secure LRA report/verification and RoD certifications of loss/non-availability.
- Notice and publication (per RA 26/PD 1529), service to affected parties, and hearing.
- Upon grant, court orders reconstitution.
- RoD issues a reconstituted title and corresponding CTC upon request.
2) Administrative Reconstitution (LRA/RoD):
- When used: Limited circumstances set by RA 26 (e.g., if a substantial portion of titles in a registry were destroyed and minimum evidentiary thresholds are met).
- Process: Application before the LRA/RoD using the owner’s duplicate and other prescribed proofs; subject to validation, notices, and posting/publication as required.
- Output: Reconstituted original/owner’s duplicate in the RoD; CTCs may then be issued.
Practical note: If no Torrens title ever existed (e.g., what you have is a Spanish-era document that was never brought under the Torrens system), you cannot reconstitute under RA 26. The proper remedy is a petition for original registration (PD 1529), not reconstitution.
Path D — Decree Records Exist, But Folio Missing
Sometimes the original decree (the LRA decree that first created the OCT) is extant while the RoD folio is missing. You can:
- Request a certified copy of the decree from the LRA Decree Records;
- Use the decree plus survey and tax documents as primary evidence in reconstitution, or to assist the RoD in recreating/locating the folio if it exists but is misfiled.
Path E — Survey and Identity Unclear
If the title number is uncertain but you have survey details:
- Verify the lot/plan (Psu/Psd/Cad) with DENR/LMB/LMS and obtain certified technical descriptions and drawings;
- Cross-reference with cadastral maps to confirm the parcel’s identity and RoD jurisdiction;
- Use these to aid the RoD/LRA search or attach them to a reconstitution petition.
Special Situations & Evidence Hierarchy
Owner’s Duplicate on Hand:
- If the original (RoD copy) is intact, a CTC is easy to obtain even if the title is not computerized.
- If the original is destroyed, the owner’s duplicate is usually the best evidence for reconstitution.
Mortgages/Annotations:
- If third-party interests exist, their copies/records (e.g., banks) can corroborate the existence and contents of the title.
Tax Declarations & Real Property Tax Receipts:
- Not proof of ownership under Torrens, but useful secondary evidence of possession and identity in reconstitution.
Spanish Titles / Possessory Information Titles:
- If not re-registered under Torrens within the historical periods provided by law, they do not produce a Torrens certificate and are not reconstitutable. Consider original registration instead.
Expected Timelines & Fees (General Guidance)
CTC from Existing Manual/Microfilm: Usually days to a few weeks depending on retrieval.
Reconstitution (Judicial): Several months or more (due to court processes, publications, and LRA reports).
Fees:
- CTC issuance per page, plus per-document certifications;
- Reconstitution entails filing fees, publication/posting costs, LRA verification fees, and professional fees if you hire counsel/technical experts.
(Exact amounts and processing times vary by office and case complexity.)
Common Pitfalls & How to Avoid Them
- Inaccurate identifiers (wrong title number/owner name/lot plan): Cross-check against survey plans and tax records first.
- Wrong RoD due to boundary changes: Confirm current jurisdiction using cadastral maps or LGU records.
- Assuming tax declarations equal Torrens title: They don’t; use them only as secondary corroboration.
- Skipping reconstitution when registry records are destroyed: A CTC cannot be issued without an existing official record.
- Fixers and forged “reconstituted” titles: Always transact at the RoD/LRA and verify security features.
- Data privacy issues: Be ready to show legitimate interest; use SPAs for representatives.
Practical Checklist
- Confirm jurisdiction (which RoD) and gather identifiers (OCT/TCT no., owner, lot/plan, location).
- Check survey data (DENR/LMB/LMS) and get certified technical descriptions if details are fuzzy.
- Request CTC at the RoD; ask for Encumbrances page as well.
- If not found on site, request LRA Central Office archives/microfilm search or endorsement.
- If records are lost/destroyed, secure RoD/LRA certifications of loss/non-availability and proceed with RA 26 reconstitution (judicial or administrative).
- After reconstitution, request CTCs of the reconstituted title and encumbrances.
- Keep multiple certified copies for transactions and safekeeping.
Frequently Asked Questions
1) Can I get a CTC using only the owner’s duplicate? Only if the RoD’s official record (original) exists. If the official record is gone, you must reconstitute first; the owner’s duplicate becomes key evidence.
2) What if the title number is unreadable but I know the plan/lot? Use the DENR survey records to identify the lot accurately, then return to the RoD/LRA with those details for search or reconstitution.
3) Do I need a lawyer? For straightforward CTC requests (record existing), not necessarily. For reconstitution (especially judicial), engaging counsel is strongly advisable.
4) Can I use a tax declaration to get a CTC? A tax declaration alone is not a Torrens title and won’t produce a CTC. It can, however, support a reconstitution case as secondary evidence.
5) What if the record exists but the RoD refuses due to “not in system”? Politely insist on a manual/microfilm search or a written certification of non-availability. If truly not available, proceed to reconstitution.
Model Forms (Adapt as Needed)
A. Basic CTC Request (RoD/LRA)
- Re: Request for Certified True Copy – [OCT/TCT No. ____], [Owner: ____], [Lot/Plan No.: ____], [Location: ____]
- Purpose: (e.g., due diligence / court filing / loan processing)
- Attached: Copy of ID; SPA/board resolution (if representative); supporting docs (prior CTC, survey plan, tax dec).
- Signature/Date/Contact Details
B. Letter Request for Records Search (LRA Archives/Microfilm/Decree)
- Identify title number(s), owner, plan/lot, location, and any entry/decree numbers;
- State purpose and legitimate interest;
- Request certified copies of any available title folio, encumbrance page, decree, survey/TD references.
C. Core Annexes for Reconstitution (Illustrative)
- Owner’s duplicate (if any), RoD/LRA certifications of loss/non-availability, survey plan/tech desc (DENR), tax dec/receipts, prior CTCs, deeds/annotations, and affidavits.
Bottom Line
If an old title isn’t in the computerized LRA system, it may still be retrievable through manual books, physical files, or microfilm, allowing the RoD to issue a CTC. If the official registry record no longer exists, the law requires reconstitution (RA 26/PD 1529) before any CTC can issue. Prepare complete identifiers and survey data, obtain the necessary RoD/LRA certifications, and, where records are missing, proceed with the correct reconstitution route to restore the title in the registry and enable issuance of certified copies.