In the Philippines, the Deed of Absolute Sale (DOAS) is the ultimate evidence of a transaction between a seller and a buyer. For condominium owners, this document is the "bridge" between the previous owner’s title and the issuance of a new Condominium Certificate of Title (CCT) in their name.
Losing this document before the title has been transferred can feel like a legal nightmare. However, the Philippine legal system provides a clear pathway to remedy this situation.
I. Assessing the Situation
The steps required depend largely on whether the document was already notarized and if it had been registered with the Bureau of Internal Revenue (BIR) or the Register of Deeds (RD).
- Scenario A: Unnotarized Document. If the lost deed was not yet notarized, it is technically not yet a public document. The easiest fix is to request the seller to sign a new set of documents.
- Scenario B: Notarized but not yet Transferred. This is the most common scenario. Because a notary public is involved, a legal record exists.
- Scenario C: Fully Registered. If the title is already in your name, the lost Deed of Sale is less of a crisis, as the Register of Deeds keeps a copy of the deed used to issue your new CCT.
II. Step-by-Step Recovery Process
1. Execute an Affidavit of Loss
The first legal step is to execute an Affidavit of Loss. This is a sworn statement under oath where you declare:
- The description of the property (Condominium Project Name, Unit Number, and CCT Number).
- The parties involved (Seller and Buyer).
- The circumstances of how the document was lost.
- That the document was not confiscated by any government agency or used as collateral for a loan.
Note: This document must be notarized to be legally binding.
2. Obtain a Certified True Copy from the Notary Public
Under Philippine law, a Notary Public is required to submit a monthly "notarial report" to the Office of the Clerk of Court (OCC) of the city where they practice.
- Visit the Notary: If the loss is recent, the lawyer who notarized the document may still have a copy in their records.
- Visit the Clerk of Court: If the notary no longer has the file, go to the Regional Trial Court (RTC) having jurisdiction over the place of notarization. Request a Certified True Copy of the Deed of Sale from their archives.
3. Coordinate with the Developer or Seller
If the unit was purchased from a developer, their legal or credit and collection department usually retains a copy of the DOAS. You may request a duplicate, though they may charge an administrative fee for "re-documentation."
If it was a secondary market sale (individual to individual), you will need the cooperation of the seller to re-sign a Deed of Confirmation of Sale if the original cannot be retrieved from the archives.
III. Why You Must Replace It Immediately
You cannot complete the ownership transfer process without the original or a certified copy of the DOAS. The following agencies strictly require it:
| Agency | Requirement |
|---|---|
| BIR (Bureau of Internal Revenue) | To compute and pay Capital Gains Tax (CGT) or Creditable Withholding Tax (CWT) and Documentary Stamp Tax (DST). |
| LGU (City Treasurer’s Office) | To pay the Transfer Tax. |
| Register of Deeds (RD) | To cancel the old CCT and issue a new one in the buyer's name. |
| Assessor’s Office | To update the Tax Declaration for the unit and the parking slot. |
IV. Legal Safeguards and Tips
- Request Multiple Originals: When signing a Deed of Sale, it is standard practice to sign at least five to seven original copies (Buyer, Seller, Notary, BIR, RD, Developer, and a spare).
- Digital Backups: Always keep a high-resolution scan of all notarized documents. While not a substitute for the original in the eyes of the Register of Deeds, it provides the necessary details (notarial book numbers, dates, etc.) to find the copy in the National Archives.
- Check the Notarial Commission: Ensure the lawyer who notarized the deed has an active commission. A deed notarized by someone without a valid commission can lead to the rejection of your title transfer.
V. Summary of Requirements for Replacement
If you are heading to the Clerk of Court to retrieve a copy, bring the following:
- Valid Government ID.
- Notarized Affidavit of Loss.
- Basic property details (Found in the CCT or Tax Declaration).
- Payment for Certification Fees.
While the process of replacing a lost Deed of Sale is tedious, it is a necessary step to protect your investment. Without a valid deed, you hold "equitable title," but you lack the "legal title" necessary to sell, mortgage, or legally defend your ownership of the condominium unit.