A practitioner-style guide to fixing a missing notarized Deed of Absolute Sale (DOAS): how to trace certified copies, rebuild a registrable paper trail for the BIR and Registry of Deeds (RD), when and how to use a Deed of Confirmation, what to do if parties are unavailable or deceased, and—if needed—how to prove the deed in court with secondary evidence. Includes checklists and templates.

1) First principles: what “reconstitution” is—and isn’t

Reconstitution ≠ fabrication. You don’t recreate or backdate a lost deed. You locate certified copies from official repositories (RD, Office of the Clerk of Court/Notarial Section, BIR, LGU) or execute a truthful substitute instrument (e.g., Deed of Confirmation) that restates the same sale for tax and registration.
If transfer is already of record (title in buyer’s name), ownership stands. You only rebuild your file with CTCs (certified true copies).
If transfer is not of record, you must assemble a registrable set: a proper deed (or permissible substitute) + tax clearances + paid transfer/registration charges.

2) Where valid copies may exist (the document map)

Registry of Deeds (RD)
- If the deed was presented for registration, RD keeps the original for the registry and can issue CTCs of the deed, Primary Entry Book entry, and annotations.
Notarial Records
- Notaries keep a Notarial Register and protocol copies and transmit periodic reports to the Office of the Clerk of Court (OCC). Either source may issue CTCs of the deed and Doc./Page/Book/Series entry.
BIR District Office (RDO)
- If taxes (CGT/IT/VAT, DST) and eCAR were processed, the RDO file usually contains a stamped copy of the deed; ask for an office-certified copy.
LGU Treasurer/Assessor
- Transfer tax and Tax Declaration updates often include a stamped deed in the file.
Banks/Escrow/Brokers/Developers
- Transactions with loans, escrow, or project turnovers may leave duplicate stamped copies.
Parties’ archives
- Even a clear photocopy/scan can support secondary evidence or guide your searches.

3) Typical loss scenarios & fastest lawful path

A) Deed registered; you lost your personal copy

Request RD CTC of the deed and CTC of TCT/OCT (front/back with annotations).
Ask BIR for a duplicate eCAR and filed returns. Done.

B) Deed not yet registered; original wet-ink deed missing

Hunt first: Notary/OCC → BIR → LGU. If you get a CTC, proceed to taxes and registration (expect penalties if late).
If none found but both parties can sign now: Execute a Deed of Confirmation/Substituted Deed (same terms, current notarization, recital of loss), attach Affidavits of Loss, then process BIR/LGU/RD.

C) Deed & notarial file missing; one party unavailable/deceased/uncooperative

Collect secondary evidence (photocopies, receipts, emails, broker attestations) and negative certifications (RD/OCC/BIR “no record”).
Use estate/SPA authority if possible; otherwise, file judicial confirmation/reformation/specific performance to recognize and register the sale.

D) Notary’s records destroyed, no OCC deposit

You’ll likely need Affidavits of Loss + Deed of Confirmation (if both parties available) or a court action admitting secondary evidence (§8).

4) Access rules (what offices usually require)

RD: Valid ID, purpose letter, fees; proof of authority if you aren’t the titled owner (SPA, contract copy).
OCC/Notarial Section: Proof of legitimate interest; details of the notarial act (Doc./Page/Book/Series, date, notary’s name). If unknown, give date range and attach any photocopy.
BIR RDO: TINs, property address, date of sale/eCAR no. (if any), IDs/SPA.

5) Taxes & timing (what date controls)

If you present a CTC of the original deed (old notarization date), taxes are computed as of that date (with surcharges/interest for lateness).
If you use a Deed of Confirmation today, BIR will generally treat today’s notarization as the taxable event for CGT/IT/VAT and DST (facts can vary per RDO practice). Never backdate.
After BIR (eCAR), pay LGU Transfer Tax, then register with RD.

6) Deed of Confirmation / Substituted Deed (when & how)

Use it when: The original notarized DOAS is irretrievable and both parties (or their authorized successors) can sign.

Must-haves:

Identical commercial terms (parties, price, full property description with TCT/OCT, lot/block/survey, area in words and figures).
Recitals: original sale date; that it was notarized; loss circumstances; diligent search results.
Purpose clause: “This deed confirms/restates the prior sale and replaces the lost original to enable tax processing and registration, without altering prior rights/obligations.”
Affidavits of Loss from buyer and seller; current notarization (correct venue, competent evidence of identity).

7) Special situations

Seller has died: Have heirs/executor ratify/confirm via Extrajudicial Settlement with Sale or court approval; attach death cert, heirship docs, proof of payment.
Buyer has died: Transfer to the estate (with estate eCAR) or have heirs ratify.
Overseas parties: Use SPA (apostilled/consularized).
CLOA/patent/CADT/CALT titles: Watch transfer restrictions—some sales are barred absent DAR/NCIP compliance; you can’t “reconstitute” your way around legal inalienability.
Family Code consent: For community/conjugal property, get spousal consent or court authority; lack of it is a substantive defect, not a paperwork loss.

8) Proving the deed in court (secondary evidence path)

When you need a judicial order (e.g., to compel registration) and no original/CTC exists:

Existence/Execution: Witnesses who signed/saw signing (parties, broker, notary staff), drafts, emails, bank slips, receipts.
Loss: Affidavits of Loss + negative certifications from RD/OCC/BIR after diligent search.
Contents: Clear photocopies/scans, negotiation emails, quotation/term sheets, payment proofs, admissions.

Relief sought: Confirmation of sale and directive to the RD to annotate/register, or reformation if the deed mis-stated a term due to error.

9) Step-by-step playbooks

Playbook A — Registered already; copy lost

RD: CTC of deed + CTC of title (with annotations).
BIR: Duplicate eCAR + tax returns.
Assessor: ensure Tax Declarations are updated.
File in a new property binder.

Playbook B — Not registered; original missing; parties available

Search: Notary/OCC → BIR → LGU.
If none: Draft Deed of Confirmation + Affidavits of Loss.
BIR: pay CGT/IT/VAT, DST → obtain eCAR.
LGU: pay Transfer Tax.
RD: register deed → new TCT → update Tax Declarations.

Playbook C — Not registered; party unavailable/deceased

Gather secondary evidence; get negative certifications.
Secure estate/SPA authority; if contested, file court petition (confirmation/specific performance).
After order: BIR/LGU/RD processing.

10) Checklists

Document hunt

RD CTC of deed (if registered) & CTC of title annotations
OCC/Notarial Section CTC of deed + Notarial Register page
BIR eCAR packet and filed returns (CGT/DST)
LGU Transfer Tax proof & Assessor file
Bank/Escrow/Broker/Developer stamped copies

Substitute filing set

Deed of Confirmation (current date, proper recitals)
Affidavits of Loss (buyer & seller)
SPA/Heirship documents if applicable
Parties’ IDs, civil status docs, TINs
RPT receipts; Tax Declarations (land & improvements)

Court-bound secondary evidence

Proof of execution
Proof of loss (search + negative certs)
Proof of contents (photocopies/emails/receipts)

11) Clean templates (adapt to your facts)

11.1 Request to OCC / Notarial Section (CTC of Deed & Register Entry)

Subject: Request for Certified Copies – Notarial Records I am [Buyer/Seller] in a Deed of Absolute Sale dated [date], notarized by Atty. [Name], Doc. No. []; Page []; Book []; Series []. The original is lost. Kindly issue CTCs of the Deed and Notarial Register entry. Attached are ID, proof of interest, and a photocopy to aid search.

11.2 Affidavit of Loss (Deed of Sale)

I, [Name], of legal age, [status/citizenship], state:

I am [buyer/seller] under a Deed of Absolute Sale dated [date] covering [property; TCT/OCT No.; area].

The original was [lost/destroyed] on [date/place] despite diligent search.

This affidavit supports requests for CTCs or, if none exist, a Deed of Confirmation and subsequent tax/registration. [Signature / Jurat]

11.3 Deed of Confirmation (core clauses)

Recitals: Parties executed a Deed of Absolute Sale on [original date]; said original is lost and not of record at RD/OCC/BIR despite diligent search. Agreement: Seller confirms and restates the sale to Buyer of [full property description] for ₱[price], receipt acknowledged; possession/risk transferred on [date]. Purpose: This deed confirms/restates the transaction and replaces the lost original to enable tax processing and registration, without altering prior rights. [Signatures; Notarial acknowledgment]

11.4 Negative Certification Request (RD/BIR)

Please issue a Certification that the Deed of Absolute Sale dated [date], [Seller] to [Buyer], covering [Property], is not on file in your office, to support secondary evidence and replacement filings. [Signature / IDs]

12) Ethical & practical cautions

No backdating, no recycled signatures. Always current notarization with truthful recitals.
Don’t change substantive terms in a “confirmation”; changing price/parties creates a new sale with new tax events.
Read title annotations (CLOA/patent/IPRA restrictions; adverse claims; liens). Some defects are substantive and cannot be “reconstituted” away.
Expect penalties for late tax filings; discuss compromise/abate options with the RDO.
Maintain a master binder: CTCs, eCAR, tax receipts, TCT/OCT copies (front/back), Tax Declarations, IDs, affidavits, and correspondence.

13) Bottom line

When a notarized deed is missing, think TRACE → CONFIRM → REGISTER:

TRACE certified copies at RD/OCC/BIR/LGU;
If none exist but parties can sign, CONFIRM the sale via a properly crafted Deed of Confirmation (or seek court confirmation using secondary evidence);
REGISTER cleanly after BIR/LGU taxes. Stay truthful, keep dates clean, and you’ll re-establish a registrable chain without jeopardizing title integrity.