In the Philippines, the Owner’s Duplicate Certificate of Title is the primary evidence of land ownership. While the original copy is safely kept by the Registry of Deeds (RD), the owner's duplicate is held by the registered owner. When this duplicate is lost, stolen, or destroyed, the owner must undergo a specific legal process to secure a new one.

Under Section 107 of Presidential Decree No. 1529, otherwise known as the Property Registration Decree, a petition may be filed in court to seek the issuance of a new duplicate certificate.

1. Distinguishing Section 107 from Reconstitution

It is crucial to distinguish Replacement (Section 107) from Reconstitution (Section 110) to avoid filing the wrong petition:

Replacement (Section 107): Applied for when the Owner’s Duplicate is lost or destroyed, but the Original Copy in the Registry of Deeds is still intact and existing.
Reconstitution (Section 110): Applied for when the Original Copy in the Registry of Deeds is lost or destroyed (e.g., due to fire or flood), regardless of whether the owner's duplicate exists.

2. Who May File the Petition?

The petition for replacement is typically filed by:

The Registered Owner of the property.
A Duly Authorized Representative (via a Special Power of Attorney).
Any person with a legal interest in the property (e.g., a mortgagee or a buyer under a contract to sell).

3. Documentary Requirements

To successfully petition for a replacement under Section 107, the following documents are generally required:

Affidavit of Loss: A notarized document executed by the person who had custody of the title, detailing the circumstances of the loss or destruction. This must be registered with the Registry of Deeds.
Certified True Copy of the Original Title: This is obtained from the Registry of Deeds where the land is located to prove that the original record still exists.
Tax Declaration: A copy of the latest tax declaration of the property.
Real Property Tax Clearance: Certification that all taxes for the property have been paid.
Certification from the RD: Stating that the owner's duplicate has not been delivered to any third person or entity for any purpose (such as a pending mortgage).

4. The Judicial Procedure

The process for replacement under Section 107 is judicial, meaning it requires an order from a court of law. It follows these general steps:

I. Filing the Petition

The petition is filed with the Regional Trial Court (RTC) of the province or city where the land is situated. The petition must be verified and allege the fact of loss and the existence of the original title in the RD.

II. Notice and Hearing

Unlike a petition for reconstitution, Section 107 does not strictly require publication in the Official Gazette. However, the court will set a hearing and may require notice to be sent to the Registry of Deeds and any parties with a registered interest in the land.

III. Presentation of Evidence

The petitioner must prove three essential facts:

That the owner's duplicate certificate was actually issued.
That the duplicate has been lost or destroyed.
That the original copy is still intact in the Registry of Deeds.

IV. Court Order

Once satisfied with the evidence, the court will issue an order directing the Registry of Deeds to cancel the lost duplicate and issue a New Owner’s Duplicate Certificate. This new copy will contain a memorandum stating that it is issued in place of the lost one.

5. Critical Legal Considerations

The "Innocent Third Party" Rule

If a title was not actually lost but was instead sold or mortgaged to someone else, a petition under Section 107 is considered void. The Supreme Court has consistently ruled that if the "lost" title is actually in the possession of another person, the court acquires no jurisdiction, and any new title issued is null and void.

The Role of the Registry of Deeds

The RD cannot unilaterally issue a new duplicate title without a court order under Section 107. Their role is to annotate the Affidavit of Loss on the original title and eventually comply with the court’s directive to issue the replacement.

Jurisdictional Requirements

Failure to register the Affidavit of Loss with the Registry of Deeds before filing the petition in court is often a ground for dismissal, as it is a mandatory requirement under P.D. 1529.

Summary Table: Replacement vs. Reconstitution

Feature	Replacement (Sec. 107)	Reconstitution (Sec. 110 / R.A. 26)
Missing Document	Owner's Duplicate Copy	Original Copy at the RD
RD Original Status	Existing / Intact	Lost or Destroyed
Legal Basis	P.D. 1529, Section 107	P.D. 1529, Sec. 110 and R.A. 26
Publication	Usually not required	Mandatory (Official Gazette)
Complexity	Summary in nature	Rigorous and lengthy