Registering a Motor Vehicle When the Deed of Sale Is Lost
Philippine context • Updated July 2025
1. Why the Deed of Sale Matters
| Purpose | Who Requires It? | Key Legal Bases |
|---|---|---|
| Proof of transfer of ownership | Land Transportation Office (LTO) | Art. 1625 Civil Code (tradition), Sec. 5 & 6 R.A. 4136 (Land Transportation & Traffic Code) |
| Basis for paying Documentary Stamp Tax (DST) | Bureau of Internal Revenue (BIR) | Sec. 173 & 175, NIRC |
| Evidence in civil / criminal disputes | Courts, insurance, police | Rules of Court, Insurance Code |
Without it, the buyer technically lacks tradition (delivery), so the title remains in limbo until equivalent proof is produced.
2. Typical Reasons the Deed Gets Lost
- Misplaced after notarization
- Destroyed by fire/flood
- Withheld by a financing company or bank (after full payment but before release)
- Never notarized at all (only private “bills of sale”)
Each scenario dictates the kind of substitute documentation the LTO will accept.
3. Acceptable Substitutes for a Lost Deed
| Substitute Document | Who Prepares / Issues | Notes |
|---|---|---|
| Affidavit of Loss | Buyer (or seller) – notarized | Must narrate circumstances, include vehicle details (plate, chassis, engine no., MV file no.). Attach IDs. |
| Re‑execution of Deed of Sale | Original seller & buyer | Simplest if both parties still available. Must be notarized; pay new DST. |
| Certification / Duplicate Copy from Notary | Original notary public | Possible if the notary still has the protocol book & copy; useful for validation. |
| Special Power of Attorney (SPA) | Seller in favour of buyer/representative | Needed if seller cannot appear. |
| Affidavit of One & the Same Vehicle | If chassis / engine numbers changed by LTO correction | Clarifies identity when records mismatch. |
| Police / HPG Clearance | Philippine National Police–HPG | Proves vehicle is not stolen; mandatory for change of ownership of second‑hand units. |
Tip: Always staple photocopies of the old Certificate of Registration (CR) and latest Official Receipt (OR) to the affidavit—they corroborate ownership history.
4. Step‑by‑Step LTO Transfer of Ownership with a Lost Deed (Private Sale)
| Step | Where | Core Requirements (in addition to normal papers) |
|---|---|---|
| 1. Secure Affidavit(s) | Notary public | Affidavit of Loss; SPA if seller absent |
| 2. Settle Taxes | Any BIR RDO | Pay DST (₱15.00 per ₱1,000 of selling price or book value, whichever higher) using BIR Form 2000‑OT; attach Affidavit/SPA. |
| 3. Get HPG Clearance | PNP‑HPG camp | Original CR/OR, Affidavit of Loss, stencil print, govt‑issued IDs, OR for clearance fee. |
| 4. Prepare LTO Stencils & MVIR | Emission center or PMVIC (if required) | As of Memorandum MC 2023‑246, PMVIC is optional; PETC emission test + visual inspection accepted. |
| 5. File at LTO District Office (where vehicle is currently registered) | LTO TDLR window | • Original & 2 photocopies of: CR, latest OR, Affidavit of Loss, HPG Clearance, MVIR, emission result, buyer & seller IDs, TIN IDs, insurance COC. • Duly accomplished Application for Transfer of Ownership (LTO Form 021). • Notarized Deed of Undertaking (LTO template) if deed is irretrievable. |
| 6. Pay Fees | LTO cashier | Transfer fee (₱50), computer fee (₱68), clearance encoding (₱52), plus any surcharges for late registration. |
| 7. Release of new CR & stickers | Same day (if papers complete) | New CR indicates buyer as registered owner; OR reflects all fees. |
Processing time: 2–4 hours typical; may extend if records are archived or if the unit is still encumbered.
5. Special Scenarios
- Seller is deceased Heirs execute an Extrajudicial Settlement with Sale or Waiver of Rights, plus Affidavit of Loss. Attach Death Certificate & IDs.
- Vehicle under chattel mortgage Secure Release of Chattel Mortgage from the bank and annotate on CR before LTO will process transfer.
- Unregistered or plate‑less units (e.g., gray‑market imports) Must undergo Motor Vehicle Type Approval & Initial Registration—the absence of a deed triggers Bureau of Customs documentary requirements instead of the usual affidavit path.
- Court‑awarded vehicles Present Certificate of Finality and sheriff’s Deed of Conveyance; the lost deed issue becomes moot.
6. Common Pitfalls & How to Avoid Them
| Pitfall | Consequence | Proactive Fix |
|---|---|---|
| Affidavit lacks chassis or engine number | LTO rejects papers | Follow LTO Memorandum 2022‑196 sample format exactly. |
| Photocopies not legible and 1‑sided | Delayed release | Use A4 paper; lighten stencils to avoid bleed‑through. |
| Buyer or seller has no TIN | BIR will not accept DST payment | Get a TIN via eREG if individual, or BIR 1902/1904. |
| Encumbrance not canceled | Transfer blocked | Coordinate with financing entity weeks before. |
| Mismatch between engine no. on CR and stencil | HPG holds unit for macro‑etching | Verify before emission test; file for Correction of Records if typo. |
7. Fees Snapshot (Typical Metro Manila Rates, 2025)
| Item | Amount (₱) |
|---|---|
| Notarization (Affidavit/Deed/SPA) | 300–600 each |
| BIR DST | Varies (e.g., ₱7,500 for ₱500k sale) |
| HPG Clearance | 500 |
| Emission Test | 430 (Gasoline) / 500 (Diesel) |
| MVIR / Inspection | 300 (visual) / up to 672 (PMVIC, optional) |
| LTO Transfer Fees | ~170 (plus any penalties) |
8. Frequently Asked Questions
Q: Can I use a photocopy or scanned image of the deed? A: Only if authenticated by the notary or accompanied by an Affidavit explaining why the original cannot be produced. Otherwise, LTO treats it as insufficient.
Q: What if the seller refuses to cooperate? A: Execute an Affidavit of Loss and an Affidavit of Non‑Cooperation. The LTO may still process the transfer if you present sufficient secondary evidence (payment receipts, text messages, IDs) but may require a verification hearing.
Q: Will the vehicle be flagged for inspection more thoroughly? A: Yes. Lost‑deed transfers automatically trigger macro‑etching and record tracing to mitigate carnapping and “rebuilt” fraud.
Q: Is there a prescriptive period to register after sale? A: LTO AO 2021‑039 imposes a ₱50/month penalty after 30 days from execution of the deed (or affidavit date if deed lost). Penalties cap at 50% of the MVUC.
9. Sample Outline: Affidavit of Loss
REPUBLIC OF THE PHILIPPINES CITY / PROVINCE OF _____
AFFIDAVIT OF LOSS
I, [Name], Filipino, of legal age, single/married, residing at [Address], after having been duly sworn, depose and state:
- That I am the buyer of a [Year, Make, Model, Plate No., Engine No., Chassis No., MV File No.] per a duly notarized Deed of Absolute Sale executed on [Date];
- That the original copy of said Deed of Sale was lost/destroyed on or about [Date/Circumstances] despite diligent efforts to locate the same;
- That the loss was not due to the transfer or pledge of the document for unlawful purposes;
- That I am executing this Affidavit to attest to the truth of the foregoing and to request the Land Transportation Office to accept this as a substitute document for purposes of transfer of ownership and registration.
IN WITNESS WHEREOF, I have hereunto set my hand this [Date] at [City], Philippines.
[Signature] [Printed Name]
SUBSCRIBED AND SWORN …
(Include jurat; attach photocopies of IDs and CR/OR.)
10. Practical Tips
- Photograph every page of the deed immediately after notarization; digital images often satisfy banks and insurers.
- File at the same LTO district where the vehicle is on record—inter‑branch transfers add days.
- Check encumbrances online via the LTO LTMS portal before paying any taxes.
- Keep all originals in a fire‑safe envelope; the Deed and CR are irreplaceable evidentiary documents.
11. Final Reminder
This guide summarizes prevailing regulations as of July 22 2025—LTO memoranda evolve frequently. For borderline cases (estate sales, rebuilt units, court‑seized vehicles) consult a transportation‑law practitioner or the LTO Law Enforcement Service–Legal Division for a formal opinion.
Nothing herein constitutes formal legal advice. Always verify current fees and forms with the relevant government agencies.