the only way to replace your lost owner’s title is through a court

process called reissuance. It is a process laid down by the law in Sec

109 P.D. 1529 and there is no other way around it.
Just a few notes.
Reissuance shouldn’t be confused with reconstitution.
Reissuance is when your owner’s title has been destroyed while
reconstitution is when the title to your land held by the Registry of
Deeds is also destroyed. 
Reissuance shouldn’t be resorted to if the owner’s title is with a
3  person.
rd

Resorting to reissuance when the title is in the hands of a 3  party like

rd

a lender simply to cancel the debt means that there is a risk that the
new title will be declared invalid. [G.R. 170539, Jul 2008]

Reissuance Process
You need to file the court decision with the Registry in order to start the
processing of your new owner’s title
 
You’ll find the step by step process below.
There is really no way to replace a lost title except through a court
case.
Quick Facts
Case:                   Reissuance of Lost Owner’s Title
Timeline:            1 – 1 ½ years, depending on the court’s schedule
Cost:                    Court Fees, Registry of Deeds Fees, Lawyer’s Fees
Testimony:         At least once, or more as needed by the court
Documents:       Annotated Loss on Certified True Copy of Title, Tax
Declarations and Assessments, Other documents required by the
court.
File an affidavit of loss with the registrar of deeds
An Affidavit of Loss identifies the property through its title number and
its tax declaration. It explains how the title was lost to the Registry of
Deeds.
It is created with your attorney and the filed with the Registry of Deeds
where the property is located.
 You’ll need to start with an Affidavit of Loss.
It is important to file with the Registry of Deeds. When people inquire
about the property with the Registry, they will be informed that the
owner’s title has been lost. This prevents unscrupulous people from
claiming they are the owners.
Also take this opportunity to gather essential court documents that you
will need, for instance, the Certified True Copy of Title, among several
others.

You’ll need many documents to prove your ownership at court.

Registry of Deed filing fees to register with the Affidavit of Loss can
vary. This will be higher if you are also gathering other essential court
documents.
File with the regional trial court.
The next step would be to create your petition with your lawyer
requesting the court to issue a new owner’s copy.
There will be several documentary attachments, all proving that you
are the owner:
 Affidavit of Loss that you filed in step 1.
 Certified True Copy of Title showing your name which you can get from the registry of
deeds
 Tax Declaration and all its attachments from the municipal hall where the land is located
 Other documents and requirements complying with the rules of court, which your
attorney will be aware of.

Your petition at court must have all the documents and explain why the title
was lost.
It may be difficult to get the documents required but it is important to
complete them and follow what your attorney advises. It is on the
strength of this documentary proof that your case will be decided.
This petition will be filed with the Regional Trial Court where the land
is located.
Filing fees and attorney’s fees will be paid.
 Testify in Court
You should ideally go to Court at least once to testify to the facts of
the case.
You may have your co-owner do this but the point is that the court
needs to hear from your as to the validity of the facts.

Your petition at court must have all the documents and explain why the title
was lost.
Note that this primer is built from your point of view. This is what is of
interest to you – what you need to accomplish, review and gather and
when you need to appear in court.
However, your attorney will also be complying with other court orders
and requirements for this case.
Court Decision

The Court will issue a Decision based on the evidence you’ve presented.
The Court will decide based on the Evidence you and your attorney
submitted.
If all goes well and if you have strong documentary proof, your case
will likely be approved.
The Court’s Decision will become final when no-one challenges the
case. A case can be challenged when someone who has a share in
the land or the city prosecutor objects.
Filing of the Court Decision at the Registry of Deeds
After the Court issues its decision, you need to register it with the
registry of deeds.
This will start the process to get your new owner’s title.
This is often a bothersome process as it can necessitate several trips.
You will also need to pay to register with the Registry of Deeds.
They will process your request and you will finally be issued a new
owner’s title.
Summary
As promised, this is a primer on how to get a new owner’s title and
gives you the information that is really pertinent to you in terms of
process, documents and fees.
 Your lawyer will handle other court requirements as they come along,
but these have to deal more with complying with Philippine law or
orders of the court. Your lawyer will also guide you as to additional
requirements that may vary depending on the specific facts of your
case.

Choose a lawyer you trust

Do choose a lawyer you can trust going into this process.
A good lawyer will keep you updated and show you the written
submissions to the court.
Do not go through a middle man or someone who has “connections”.
There are so many who are victimized by unscrupulous people
claiming they can easily issue a new land title. This is untrue and you
may lose a lot of money and be faced with a court case against you if
things go badly.

Do not hire a middleman! They can cause you a great deal of trouble.
Do things aboveboard and you will have nothing to fear.
In addition, your case will often be much faster if you go through the
process with a good lawyer. We’ve heard promised “quick fixes” take
years!
As you can see the process is straightforward.
Although it will depend on the facts of your particular case, your case
will likely succeed if:
 You have all your documents and strong proof
 You are involved in the process and can provide information
With this, the court will likely grant your request and you will get your
new owner’s title without too much further trouble.

File for Annotation of the Affidavit of Loss.

Request a Certified True Copy (with annotation of loss).
File a petition at the Regional Trial Court.
Attend the jurisdictional hearing.
Submit proof or evidence.
Wait for the issuance of a Court Decision.
Wait for the Certificate of Finality to be issued.
File a Court Decision and Certificate of Finality at the Registry of Deeds.
Wait for the issuance of Replacement of Owner’s Land Title.
If only you want a certified thru copy you can get at the nearest Registry of deeds where
is your property registered.