In the Philippines, a Land Title (Torrens Title) is the best evidence of ownership. However, physical documents are susceptible to being lost, stolen, or destroyed by fire and natural disasters. When the Owner’s Duplicate Copy of a Transfer Certificate of Title (TCT) or Original Certificate of Title (OCT) is lost, the remedy is not "reconstitution," but a Petition for the Issuance of a New Owner’s Duplicate Copy under Section 109 of Presidential Decree No. 1529 (The Property Registration Decree).
1. Legal Basis: Section 109 of P.D. 1529
It is crucial to distinguish this process from the Administrative or Judicial Reconstitution of Title.
- Reconstitution is required when the original copy kept by the Register of Deeds (RD) is lost or destroyed.
- Issuance of a New Duplicate is required when the RD’s copy is intact, but the owner's copy is missing.
Under Section 109, the owner or a person in interest must file a sworn statement (Affidavit of Loss) with the Register of Deeds where the land is located and subsequently file a formal petition in court.
2. The Step-by-Step Procedure
Phase I: The Affidavit of Loss
- Execution: The registered owner (or their authorized representative) must execute an Affidavit of Loss. It must state the circumstances of the loss, that the title was not delivered to any person or entity to guarantee an obligation (mortgage), and the description of the property.
- Registration: The Affidavit of Loss must be registered with the Register of Deeds (RD) where the land is located. The RD will then enter a memorandum of this affidavit on the original certificate of title. This acts as a caveat to the public.
Phase II: The Judicial Petition
- Filing: A verified petition is filed in the Regional Trial Court (RTC) of the province or city where the land is situated.
- Jurisdictional Requirements: Unlike reconstitution, Section 109 does not strictly require publication in the Official Gazette. However, the court will set the case for hearing and require:
- Notice to the Register of Deeds.
- Notice to the Solicitor General.
- Posting of the notice in strategic public places (e.g., the municipal hall and the land itself).
- The Hearing: The petitioner must prove two things:
- The fact of the loss or destruction of the duplicate title.
- That the title was not encumbered or transferred to a third party.
3. Documentary Requirements
To succeed in the petition, the following documents are typically required:
- Certified True Copy of the Original Certificate of Title (from the Register of Deeds).
- Registered Affidavit of Loss (with the RD’s received stamp).
- Tax Declaration and Real Property Tax Clearance.
- Trace Evidence: If the petitioner is an heir, documents like the Extrajudicial Settlement of Estate or Birth Certificates to prove legal interest.
4. Crucial Jurisprudence: The "Non-Lost" Title
The Supreme Court has consistently ruled (e.g., in Strait Times vs. Court of Appeals) that if the "lost" title was actually not lost but was in the possession of another person (even if illegally), the trial court acquires no jurisdiction over the petition.
Important Note: If the court grants a new duplicate title while the old one still exists in someone's hands, the new title is considered void ab initio (void from the beginning). This is a safeguard against owners trying to bypass mortgages or liens by claiming their title is "lost."
5. Timeline and Costs
- Duration: Depending on the court’s docket, the process usually takes 6 to 12 months.
- Costs: These include filing fees, legal fees for the lawyer, publication/posting fees, and the eventual registration fee at the RD once the court issues the Decision and the Certificate of Finality.
6. Comparison Table: Duplicate Issuance vs. Reconstitution
| Feature | New Owner’s Duplicate (Sec. 109) | Reconstitution (RA 26 / Sec. 110) |
|---|---|---|
| What is lost? | The copy held by the owner. | The copy held by the Register of Deeds. |
| RD’s Copy Status | Intact and available. | Lost or destroyed (e.g., fire). |
| Primary Remedy | Judicial (RTC). | Judicial or Administrative (LRA). |
| Publication | Usually posting only (unless ordered). | Mandatory publication in Official Gazette. |
7. Final Steps
Once the RTC issues a favorable Decision and it becomes final and executory, the court will issue a Certificate of Finality. The petitioner takes this, along with a Court Order, to the Register of Deeds. The RD will then cancel the entry of the lost title and issue a new owner’s duplicate certificate, which will contain a memorandum stating that it was issued in lieu of the lost one.