Professional Documents
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lost
ByPersida Acosta
July 8, 2017
Persida Acosta
Dear PAO,
already secured the documents I need, except for one title that covers his
property in the province. Despite diligent search, I cannot find the original
title. May I know what I should do? How can I solve my problem?
Karlo
Dear Karlo,
certificate of title intended to secure a new certificate of title in lieu of the one
that was lost. Section 109 of Presidential Decree (PD) 1529 known as the
loss or theft of an owner’s duplicate certificate of title, due notice under oath
Deeds of the province or city where the land lies as soon as the loss or theft is
produced by a person applying for the entry of a new certificate to him or for
the registration of any instrument, a sworn statement of the fact of such loss
and registered.
ADVERTISEMENT
Upon the petition of the registered owner or other person in interest, the court
may, after notice and due hearing, direct the issuance of a new duplicate
certificate, which shall contain a memorandum of the fact that it is issued in
place of the lost duplicate certificate, but shall in all respects be entitled to
like faith and credit as the original duplicate, and shall thereafter be regarded
Based on the above quoted provision of law, the procedure for securing a
deeds of the loss or theft of the owner’s duplicate certificate of title. This is
detailing the circumstances surrounding the loss or theft of the title. This is
followed by filing a petition with the court, particularly the regional trial
court of the place where the land is located, which is vested with exclusive
jurisdiction over all applications for original registration of title and over all
Thereafter, the matter will be heard by the court and the petitioner must
establish the fact of loss or theft of the owner’s duplicate certificate of title.
of the term “lost” as used in the law, the Supreme Court held in the case of
Justice Diosdado M. Peralta), that “in construing words and phrases used in a
statute, the general rule is that, in the absence of legislative intent to the
contrary, they should be given their plain, ordinary and common usage
meaning.” Thus, it must be proven that the title is actually lost and not merely
Should the court grant the petition, it shall order the issuance of a new title
which will contain a memorandum of the fact that it is issued in place of the
lost duplicate certificate. The new title will then be entitled to like faith and
All told, you may avail of the remedy provided under Section 109 of the
Make sure, however, that you follow the prescribed procedure and prove the
actual loss of your late father’s duplicate certificate of title to persuade the
mind that this opinion is based on the facts you narrated and our appreciation
of the same. Our opinion may vary if facts are changed or elaborated.