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2.

The Title was lost by the owner, before you buy and develop the said land, what legal steps would you
take to protect your interest?

In this situation, I will conduct due diligence by securing a Certified True Copy of the Title if the loss is valid
and not mortgaged. If there is really a loss of title, the loss can be covered by the law found in RA 26 Section
7. “Reconstituted certificates of title shall have the same validity and legal effect as the originals thereof: Provided,
however, That certificates of title reconstituted extrajudicially, in the manner stated in sections five and six hereof,
shall be without prejudice to any party whose right or interest in the property was duly noted in the original, at the
time it was lost or destroyed, but entry or notation of which has not been made on the reconstituted certificate of
title. This reservation shall be noted as an encumbrance on the reconstituted certificate of title.

For the judicial process, the following steps is to taken by the help of lawyer for the documentation to
be filed to the court for the reissuance of title.

1. File for Annotation of the Affidavit of Loss Title.


2. Request a Certified True Copy (with annotation of loss).
3. File a petition at the Regional Trial Court.
4. Attend the jurisdictional hearing.
5. Submit proof or evidence.
6. Wait for the issuance of a Court Decision.
7. Wait for the Certificate of Finality to be issued.
8. File a Court Decision and Certificate of Finality at the Registry of Deeds.
9. Wait for the issuance of the Replacement of the Owner’s Land Title.

4. In this case, though the illegitimate daughter of the deceased landowner has the right on the
portion of the property under the family code, she should have raised her rights within the mandatory
period of 2 years under the provision of Section 4, Rule 74. This law prescribes the procedure to be followed
within two (2) years after an extrajudicial partition or summary distribution is made, an heir or other person
appears to have been deprived of his lawful participation in the estate, or some outstanding debts which have not
been paid are discovered. After two years, as the new owner of the property, I should have filed a petition for
cancellation of section 4 rule 74 with the Register of Deeds where the property is located to be annotated in
the title to confirm that Title is clear from any liens.

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