SAMPLE PETITION FOR RECONSTITUTION

REPUBLIC OF THE PHILIPPINES

____________ JUDICIAL REGION
REGIONAL TRIAL COURT
Branch ____
_________________

RE: IN THE MATTER OF THE ISSUANCE

OF THE SECOND OWNER’S
DUPLICATE COPY OF TRANSFER
CERTIFICATE OF TITLE NO.
______________ OF THE REGISTRY OF
DEEDS FOR
__________________________

LRC CASE NO. _____________

____________________,
Petitioner.

x----------------------------------------------x

PETITION

COMES NOW, the Petitioner, ____________________________________, by and

through the undersigned counsel and unto this Honorable Court, respectfully
alleges that:

1. The Petitioner is of legal age, Filpino, single/married, and a

resident of _______________________, where he/she may be served with court
processes;

2. The Petitioner is a lawful and registered owner of a parcel of

land together with the improvements therein, identified as __________________ of
the consol. subd. plan, _____________________ located in the _______________,
Province of ___________, with an area of _________ (___) SQ. METERS, more or less,
embraced by Transfer Certificate of Title No. ______________ duly issued by the
Registry of Deeds for _________________, which parcel of land is particularly
described as follows:

Transfer Certificate of Title No. _________________

(please indicate here the technical description)

A Copy of Transfer Certificate of Title No. _______ is hereto attached

as Annex “A”;

3. The parcel of land covered by the aforesaid certificate of title is part

of the ____________________ located in ______________________;

4. The Petitioner usually kept the owner’s duplicate copies of all the
certificate of titles for its real estate properties in the vault together with all the
other important documents of the Petitioner. The said vault is under the control
and supervision of the Petitioner;

5. After diligent search to the vault of Transfer Certificate of Title No.

________, the same could not be found;

6. The Petitioner exerted all efforts to look and determine the

whereabouts of the said certificate of title but despite these efforts, the
Petitioner still failed to locate the said certificate and apparently they were
misplaced and deemed lost;

7. Consequently, the Petitioner executed an Affidavit of Loss, which

was registered with the Register of Deeds for ___________ and annotated at the
back of the original Transfer Certificate of Title No. ____________ in the possession
of said Office under Entry No. _________________, a copy of the Affidavit of Loss is
hereto attached as Annex “B” and made as an integral part hereof;

8. The issuance of the Second Owner’s Duplicate Copy of TCT No.

________________ can be based and drawn from a certified true copy of the
original copy thereof secured by Petitioner from Registry of Deeds for
_____________ (Annex “C”);

9. Subject property covered by TCT No. __________ is also covered by

Tax Declaration No. ______________ issued by the Office of the _______ Assessor, a
copy of which is hereto attached asAnnex “D”;

10. The Petitioner is up to date in the payment of the real estate taxes for
the subject property as evidenced by a Certification issued by the Office of the
____________ Assessor, a copy of which is attached as Annex “E”.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed of the

Honorable Court that after due notice and hearing, a decision be rendered by
this Honorable Court directing the Registry of Deeds of _______________ to cause
the issuance of a new Owner’s Duplicate Copy of TCT No. ___________ with like
faith and integrity as the lost certificate of title for all legal intents and purposes.

Other reliefs and remedies as may be deemed just and equitable under
the premises are likewise prayed for.

RESPECTFULLY SUBMITTED. _____(place)________, date.

ATTY. MMM
(address of the Counsel)
(Contact No. of the Counsel)
IBP No. _________ / date of issue / place of issue
PTR No. ________ / date of issue / place of issue
Roll of Attorney’s No. _________
MCLE Compliance No. ___________

Republic of the Philippines )

Makati City ) S.S.
 VERIFICATION WITH CERTIFICATION OF
NON-FORUM SHOPPING

I, _______________, of legal age, married and with office and postal address
at____________________________________, after having been duly sworn to in
accordance with law do hereby depose and state that:

1. I am the Petitioner in the above-entitled case;

2. I have caused the preparation of the foregoing Petition and that the
allegations therein are true and correct of my own personal knowledge based
on authentic documents on record;

3. I have not heretofore commenced any other action or proceeding involving

the same issues in the Supreme Court, the Court of Appeals, or any other
tribunal or agency as are raised in this case;

4. To the best of my knowledge, no such action or proceeding is pending in

the Supreme Court, the Court of Appeals or any tribunal or agency; and

5. If I should thereafter be aware or learn that a similar action or proceeding

has been filed or is pending before the Supreme Court, the Court of Appeals or
any other tribunal or agency, I will undertake to report this fact within five (5)
days there from to this Court.

________________
Affiant

JURAT

SUBSCRIBED AND SWORN to before me this ____________________, affiant,

personally appeared and exhibited to me his/her Government Issued ID No.
____________ issued on ___________ in _____________, Philippines.

NOTARY PUBLIC

Doc. No. _____;

Page No. _____;
Book No._____;
Series of _____.
Step-By-Step Guide for Replacing Your Lost Land Title
Replacing a lost land title is important to secure ownership of your property and to avoid any
illegal claims. There are 2 processes involved: administrative or jurisdiction.

There are many reasons for losing an original copy of the land title. The most common of them
are fire, flood and any natural disaster, or as simple as misplacing it. When you lose a land title,
it is important to have it replaced as soon as possible as it can cost you your property. It will also
avoid any inconveniences caused by illegal claims of fraudsters who take advantage of properties
with lost land titles. Here are the necessary steps to take when replacing a lost land title.

2 Options in Replacing A Lost Land Title | A Guide

 Jurisdiction Process

This takes about 6-9 months and hiring a lawyer is needed since the replacement of a land title
through the judicial process will go through the court. This means additional expenses but it is all
worth it once the original copy of the land title has been reissued.

1. File for Annotation of the Affidavit of Loss.

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 Replacement of Owner’s Land Title.

 Administrative Process

The LRA (Land Registration Authority) issues an order for request of a new title to the Register
of Deeds. The entire process is shorter and doesn’t require the owner to go to the court. But you
may do this only if not less than 500 titles are lost or damaged at the Registry. If it is less than
500, the only option is to go through the jurisdiction process.

Why is it Important to Replace a Lost Land Title ASAP?

Fraudsters can claim as false owners of your property and might sell it to buyers who are
unaware of the illegal claim. It is not only the risk of fraudsters claiming ownership over your
property that may arise. But if you plan to sell the property in the future, an original copy of the
land title is required as proof of your ownership over the property. A title transfer is not
sufficient enough to claim ownership.

Also, it will be difficult to transfer the property to heirs without the original land title. Or if in
cases of deceased owners, the heirs need to file for an Extra-Judicial Settlement of Estate before
applying for reconstitution or reissuance of land title. The situation is even more difficult in cases
wherein the heir is also deceased.

How to Keep Your Original Copy of Land Title Safe and Secure?

The Land Registration Authority has a new alternative in keeping original land titles secure. This
is through the Voluntary Title Standardization Program which allows you to convert your
physical land title to an “e-Title.” The land titles are stored in its electronic original form which
is backed up regularly. In cases of fire or any natural disaster in the Registry, the owners now
have an easier option of title reconstitution.

Another option is to keep the copy of the original land title via an SDB (Safety Deposit Box) in a
bank that is not that far nor that near from your home and situated in a high location. This will
ensure any owner the safety of their legal documents considering the security at the bank and its
flood-free location.

Though some owners would opt to have their own vault for their important documents, there is
no assurance in keeping them all safe and dry when a fire breaks out or during a flood. If you
would still go for this option, the documents must be tightly sealed in a container that’s both
fireproof and waterproof.

The original copy of a land title is very important even if you have made several duplicates.
Securing it the best way you can lessen all the inconveniences you’ll encounter when having it
replaced or reconstituted. For property owners who do not have the luxury of time to process the
replacement of a lost land title, they can seek for assistance from companies offering services
when it comes to reconstitution and reissuance of a land title.
Legal remedy if duplicate certificate of title is lost
Dear PAO,
My father died last month. I am presently collating the documents pertaining to the properties he
left, so I can process the transfer of the titles. I have 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,
There is a legal remedy available in case of loss of the owner’s duplicate 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 Property Registration Code states:

“Section 109. Notice and replacement of lost duplicate certificate. 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.”

Based on the above quoted provision of law, the procedure for securing a new certificate of title
is initiated by first notifying the concerned register of deeds of the loss or theft of the owner’s
duplicate certificate of title. This is done by filing an affidavit of loss with the concerned register
of deeds 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 petitions filed after original registration of title (Section 2, PD 1529).

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. Otherwise, the petition may be dismissed.
Commenting on the interpretation of the term “lost” as used in the law, the Supreme Court held
in the case of Alcaraz vs Arante (GR No. 177042, 10 December 2012, Ponente: Associate 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 in the possession of a third person. (Ibid.)

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 credit as the original duplicate in all respects. (Section 109,
PD 1529).

All told, you may avail of the remedy provided under Section 109 of the Property Registration
Decree in order to resolve your present predicament. 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 judge to rule in your favor.
We hope we were able to sufficiently address your concern. Please bear in 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.