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.