If the title to a land is lost, one must execute an Affidavit of Loss stating that you are the registered owner, detailing the circumstances of the loss, confirming that a diligent search was made to no avail, and attesting that the title was not used to encumber, mortgage, or sell the property. Submit this affidavit to the Registry of Deeds where the property is registered.
File a Verified Petition for the Issuance of a New Duplicate Certificate of Title before the Regional Trial Court (RTC) in the city or province where the property is situated.
The court will then issue a Notice of Hearing to consider and approve the petition.
Once the loss is proven during the hearing, the RTC will issue an order directing the Register of Deeds to issue a new duplicate certificate of title, which will have the same validity as the original.
Important Note: This process strictly requires that the title is actually lost or destroyed. If the certificate of title is not truly lost but is merely in the possession of another person, the court has no jurisdiction to grant the reconstitution or replacement, and any newly issued title will be null and void.
Is the process for new duplicate title the same if the title is under CLOA or Public Land Patent?
Yes, the process is generally the same.
Once a Certificate of Land Ownership Award (CLOA) or a Public Land Patent is registered with the corresponding Register of Deeds, it becomes a veritable Torrens title. Because it is already registered under the Torrens system, replacing a lost owner’s duplicate certificate of title for a CLOA or Patent follows the exact same procedure under the Property Registration Decree (P.D. No. 1529).
You will still need to execute an Affidavit of Loss, submit it to the Registry of Deeds, and file a Verified Petition before the Regional Trial Court (RTC) to request the issuance of a new duplicate certificate of title.
Important Distinctions to Note:
Reversion: If a public land patent was fraudulently awarded and needs to be reverted to the mass of the public domain, the RTC has jurisdiction, but the action must be instituted by the Solicitor General in the name of the Republic of the Philippines.
Replacement vs. Cancellation: While the regular courts (RTC) handle the petition to replace a lost duplicate title, they do not have jurisdiction to cancel them. The cancellation of CLOAs, emancipation patents, and titles issued under the agrarian reform program falls under the exclusive original jurisdiction of the Department of Agrarian Reform (DAR) Secretary.
What if the title is named after a deceased father or predecessor-in-interest? can the heirs file for issuance of new duplicate owner’s title?
Yes, the heirs can file the petition for the issuance of a new owner’s duplicate certificate of title on behalf of their deceased father or predecessor-in-interest.
Because the rights to the succession are transmitted from the exact moment of the decedent’s death, the heirs immediately step into the shoes of the deceased registered owner. This automatic transmission of rights gives the heirs the legal personality and interest to protect the property, which includes filing a petition to replace a lost owner’s duplicate title.
The procedure remains generally the same: an heir must execute an Affidavit of Loss, register it with the Registry of Deeds, and file a verified petition before the Regional Trial Court (RTC). However, there are crucial rules to keep in mind when heirs file this petition:
The Title Must Be Truly Lost: As with any petition for a replacement title, it must be clearly shown that the certificate of title has actually been lost or destroyed. If the title is not truly lost but is merely in the possession of another person (such as another co-heir who refuses to surrender it, or someone who bought the property), the RTC has no jurisdiction to issue a new duplicate. Any new title issued under these circumstances will be null and void.
Strict Notice to All Heirs: It is critical that all known heirs and interested parties are notified of the petition. A court judgment granting the issuance of a new duplicate certificate of title can be nullified and declared void if no notice was given to the other heirs of the deceased registered owner.
What if the title is merely in the possession of another person (e.g. an heir), and he will not deliver it?
If the owner’s duplicate certificate of title is not actually lost but is merely in the possession of another person who refuses to surrender it, you cannot file a petition for a new duplicate title. The court lacks jurisdiction to issue a replacement if the title is not truly lost, and any new title issued under these circumstances would be null and void.
Depending on the underlying circumstances of the dispute, you may pursue the following appropriate actions:
- Action for Replevin: If you solely want to recover the physical document (the certificate of title), you can file an action for replevin. Replevin is a principal remedy used to recover possession of personal property or chattels that have been wrongfully detained by another person.
- Action for Partition: If the person withholding the title is a co-heir and the property inherited remains undivided, the proper remedy is to file an action for partition. This will compel the court to legally separate, divide, and assign the property among the rightful co-owners.
- Action for Recovery of Ownership (Accion Reivindicatoria): If the person holding the title is also claiming adverse ownership over the real estate itself, you must file a reivindicatory action to formally recover the full ownership and possession of the property