The owner's duplicate certificate of title is the copy you keep. You will need it to sell, mortgage, donate, or transfer the property. If it is lost, burned, or stolen, the Register of Deeds cannot simply print you another one. A new owner's duplicate can only be issued by order of the court under Section 109 of the Property Registration Decree (P.D. 1529).
Step by step
- Execute an affidavit of loss. State under oath how, when, and where the title was lost, and the efforts made to find it.
- Notify the Register of Deeds. Submit the affidavit so the loss can be annotated on the original title. This protects you against anyone who tries to use the lost copy.
- File a petition in court. The petition is filed with the Regional Trial Court of the place where the property is located, acting as a land registration court.
- Hearing. The court sets a hearing with notice to the Register of Deeds and other interested parties. You will testify on the loss and present your documents.
- Decision and new duplicate. Once the decision becomes final, the Register of Deeds issues a new owner's duplicate that carries the same annotations as the original.
The most important rule: the title must truly be lost
The court's authority to order a new owner's duplicate depends on the title actually being lost. If the owner's duplicate turns out to be in someone else's possession, for example a relative, a lender, a buyer, or a broker, the court does not have jurisdiction. The new duplicate can be declared void, and the person who swore to a false loss may face criminal liability.
Before you file: ask whether the title might have been given to a bank, lender, buyer, broker, or family member. If someone else is holding it, the remedy is different: a demand for its return and, if needed, a court action to compel its surrender.
Documents to prepare
- Notarized affidavit of loss
- Certified true copy of the title from the Register of Deeds
- Proof that the affidavit of loss was submitted to and annotated by the Register of Deeds
- Latest tax declaration and real property tax receipts
- Police report or barangay certification, if the title was stolen or lost in an incident
- Valid IDs, and a special power of attorney if someone files for the owner
If the registered owner has died
The heirs may file, but the estate usually needs to be settled as well. In many cases it is efficient to plan the reissuance together with the extrajudicial settlement and the transfer of the title to the heirs.
Frequently asked questions
Can the Register of Deeds issue a new owner's duplicate without going to court?
No. Under Section 109 of P.D. 1529, a new owner's duplicate for a lost or destroyed copy is issued by order of the court after notice and hearing.
What if the original title in the Register of Deeds is also missing?
Then the remedy is reconstitution, not reissuance. See our guide on reconstitution of title.
Can I still sell the property while the title is lost?
You can agree on a sale, but the buyer will generally not be able to register the transfer without the owner's duplicate. Most buyers will wait for the new duplicate.
How long does it take?
It depends on the court's calendar. An uncontested petition is usually resolved faster than other land registration cases, but it still requires a hearing and a final decision.