Requirements for reissuance of lost title

Dear Pao,

I cannot locate my Torrens title despite my exhaustive effort to look for it. One
year has already elapsed, so I am now contemplating to file an appropriate case for
the issuance of another copy of the title. May I know the requirements for this
process?

Is the execution of an affidavit of loss, registration of the title with the Registry of
Deed, and filing of a case before the court sufficient for the issuance of a
duplicate?|

Helise

Dear Helise,

The requirements for the issuance of a duplicate copy of a lost title is found under
Section 109 of Presidential Decree (PD) 1529, otherwise known as the "Property
Registration Decree." The said provision of the law specifically provides that:

In case of loss or theft of an owner’s duplicate certificate of title, due notice under
oath shall be sent by the owner or by someone in his behalf to the Register of
Deeds of the province or city where the land lies as soon as the loss or theft is
discovered. If a duplicate certificate is lost or destroyed, or cannot be 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 or destruction may be
filed by the registered owner or other person in interest and registered.

“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 as such for all purposes of
this decree.”

Take note that both the notice to the Registry of Deeds and trial before a court are
essential requirements for the issuance of a duplicate title but the same will not be
a guaranty that the court will grant your claim. This is in consonance with the
decision of the Supreme Court in the case of Republic of the Philippines vs.
Ciruelas (GR 239505, Feb. 17, 2021), where the Supreme Court, speaking through
Associate Justice Edgardo Delos Santos, stated that:

"Section 109 of PD No. 1529 has two distinct requirements: the first paragraph
refers to the notice requirement, i.e., submission of an Affidavit of Loss to the
Register of Deeds while the second paragraph pertains to the procedure for the
replacement, i.e., filing a petition for the issuance of a new duplicate certificate.
The second paragraph contemplates the conduct of a full-blown hearing wherein
petitioner must prove the fact of loss or theft through preponderant evidence. As
applied to the instant case, mere compliance with the notice requirement and the
filing of a petition with the appropriate RTC does not automatically entitle the
registered owner to a replacement duplicate certificate. Rogelio, through
Dominador, must still establish by preponderance of evidence that the owner's
duplicate was lost."

Applying the above-quoted decision relative to your queries, the requirement for
the issuance of a duplicate title are: notice requirement and filing of petition for the
issuance of new duplicate title. The compliance of the said requirements, however,
does not guaranty the issuance of a duplicate title in your favor because you still
need to prove by preponderance of evidence before the court that your owner's
duplicate of title was lost.

We hope that we were able to answer your queries. This advice is based solely on
the facts you have narrated and our appreciation of the same. Our opinion may
vary when other facts are changed or elaborated.

Editor's note: Dear PAO is a daily column of the Public Attorney's Office. Questions for Chief
Acosta may be sent to dearpao@manilatimes.net