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What To Do When You’ve Lost Your Philippine

Land Title
by lawyerphilippinesadmin | Feb 2, 2022 | Property Law, Title Issues
Land

If you’ve lost your Philippine Land Title and cannot find it, you will need to go to court to
get a new copy.

Have you lost your Original Philippine Land Title?

This post explains:

the detailed, step by step process you need to go through

Actual documentary requirements and how to comply with them

  
 Practical advice from your point of view (no unnecessary legalese, I swear).

While the process might seem inconvenient, replacing your lost owner’s title is very
important to sell, lease or otherwise maximize the property.

hideM
Contents
[ ]
Introduction to Philippine Land Titles
Reissuance is Needed for Lost Philippine Owner’s Land Titles
Reissuance Process
Summary

Introduction to Philippine Land Titles

A Philippine Land Title is the primary document that proves your ownership.

It is generally called an owner’s title. Depending on the circumstances, it can more

specifically be called:

Original Certificate of Title – issued to owners when the land is first registered

Owner’s Duplicate Copy of the Transfer Certificate of Title – issued to subsequent

owners after the registration.

Condominium Certificate of Title – issued to owners of condominium units

All these different names still really just mean that it is an owner’s title.

  
 An original land title is the best evidence of ownership of the property.

Now, you might say that an owner’s title isn’t important since you already live on the
property.

This couldn’t be further from the truth.

It is difficult to sell, mortgage or lease your property when you don’t have the title. It is
also difficult for your property to be inherited by your children. Essentially, you need the
title to transfer or use the land for more than your personal residence.

Reissuance is Needed for Lost Philippine Owner’s

Land Titles

An owner’s title can be lost in many ways.

I’ve come across instances of fire, flood and theft. I’ve heard stories of simple
misplacement. And in a battle versus termites and often fragile land titles, termites won.

  
 Has your Owner’s Title been destroyed?

In all these situations, the only way to replace your lost owner’s title is through a court
process called reissuance. It is a process laid down by the law in Sec 109 P.D. 1529
and there is no other way around it.

Just a few notes.

Reissuance shouldn’t be confused with reconstitution.

Reissuance is when your owner’s title has been destroyed while reconstitution is when
the title to your land held by the Registry of Deeds is also destroyed. Reissuance is
what we discuss in detail here.

  
 You’ll mostly likely have to go to court court to replace your missing Owner’s Title.

rd
 Reissuance shouldn’t be resorted to if the owner’s title is with a 3 person.
rd
Resorting to reissuance when the title is in the hands of a 3 party like a lender simply
to cancel the debt means that there is a risk that the new title will be declared invalid.
[G.R. 170539, Jul 2008]

Reissuance Process

  
 You need to file the court decision with the Registry in order to start the processing of
your new owner’s title

You’ll find the step by step process below.

There is really no way to replace a lost title except through a court case.

Quick Facts

Case:                   Reissuance of Lost Owner’s Title

Timeline:            1 – 1 ½ years, depending on the court’s schedule

Cost:                    Court Fees, Registry of Deeds Fees, Lawyer’s Fees

Testimony:         At least once, or more as needed by the court

Documents:       Annotated Loss on Certified True Copy of Title, Tax Declarations and
Assessments, Other documents required by the court.

File an affidavit of loss with the registrar of deeds

An Affidavit of Loss identifies the property through its title number and its tax
declaration. It explains how the title was lost to the Registry of Deeds.

It is created with your attorney and the filed with the Registry of Deeds where the
property is located.
  
 You’ll need to start with an Affidavit of Loss.

It is important to file with the Registry of Deeds. When people inquire about the property
with the Registry, they will be informed that the owner’s title has been lost. This
prevents unscrupulous people from claiming they are the owners.

Also take this opportunity to gather essential court documents that you will need, for
instance, the Certified True Copy of Title, among several others.

  
 You’ll need many documents to prove your ownership at court.

Registry of Deed filing fees to register with the Affidavit of Loss can vary. This will be
higher if you are also gathering other essential court documents.

File with the regional trial court.

The next step would be to create your petition with your lawyer requesting the court to
issue a new owner’s copy.

There will be several documentary attachments, all proving that you are the owner:

Affidavit of Loss that you filed in step 1.

Certified True Copy of Title showing your name which you can get from the registry
of deeds

Tax Declaration and all its attachments from the municipal hall where the land is
located

Other documents and requirements complying with the rules of court, which your
attorney will be aware of.

Your petition at court must have all the documents and explain why the title was
lost.

It may be difficult to get the documents required but it is important to complete them and
follow what your attorney advises. It is on the strength of this documentary proof that
your case will be decided.

  
This petition will be filed with the Regional Trial Court where the land is located.

Filing fees and attorney’s fees will be paid.

Testify in Court
You should ideally go to Court at least once to testify to the facts of the case.

You may have your co-owner do this but the point is that the court needs to hear from
your as to the validity of the facts.

Your petition at court must have all the documents and explain why the title was lost.

Note that this primer is built from your point of view. This is what is of interest to you –
what you need to accomplish, review and gather and when you need to appear in court.

However, your attorney will also be complying with other court orders and requirements
for this case.

Court Decision

  
 The Court will issue a Decision based on the evidence you’ve presented.

The Court will decide based on the Evidence you and your attorney submitted.

If all goes well and if you have strong documentary proof, your case will likely be
approved.

The Court’s Decision will become final when no-one challenges the case. A case can
be challenged when someone who has a share in the land or the city prosecutor
objects.

Filing of the Court Decision at the Registry of Deeds

After the Court issues its decision, you need to register it with the registry of deeds.

This will start the process to get your new owner’s title.

This is often a bothersome process as it can necessitate several trips. You will also
need to pay to register with the Registry of Deeds.

They will process your request and you will finally be issued a new owner’s title.

Summary

As promised, this is a primer on how to get a new owner’s title and gives you the
information that is really pertinent to you in terms of process, documents and 
fees.
 
Your lawyer will handle other court requirements as they come along, but these have to
deal more with complying with Philippine law or orders of the court. Your lawyer will also
guide you as to additional requirements that may vary depending on the specific facts of
your case.

Choose a lawyer you trust

Do choose a lawyer you can trust going into this process.

A good lawyer will keep you updated and show you the written submissions to the
court.

Do not go through a middle man or someone who has “connections”. There are so
many who are victimized by unscrupulous people claiming they can easily issue a new
land title. This is untrue and you may lose a lot of money and be faced with a court case
against you if things go badly.

  
 Do not hire a middleman! They can cause you a great deal of trouble.

Do things aboveboard and you will have nothing to fear.

In addition, your case will often be much faster if you go through the process with a
good lawyer. We’ve heard promised “quick fixes” take years!

As you can see the process is straightforward.

Although it will depend on the facts of your particular case, your case will likely succeed
if:

You have all your documents and strong proof

You are involved in the process and can provide information

With this, the court will likely grant your request and you will get your new owner’s title
without too much further trouble.

126 Comments

Amelia on April 11, 2019 at 9:57 am

  
My question is how can I replace a title that I lost. The title is still on my fathers name
deceased. We had a division of property through succession. My mother become
administratrix but she pass away too. Title was left to me but I lost it on my constant
moving.

Can you advice me what to do.

REPLY

Lawyers in the Philippines on April 12, 2019 at 2:31 pm

Sent you an email.

REPLY

Lois on July 14, 2019 at 10:12 am

Dear sir / mam,

Im the buyer of a house and lot. However, the sellers owners copy is lost.

Deceased owner

How many months take the processing?

Already negotiating with the heirs.

Can it be transferred to the buyer from the deceased owner thru jurisdiction
process? How long?

Thank you

Lawyers in the Philippines on July 15, 2019 at 6:27 am

Sent an email.

Patrick Tarroza on April 20, 2021 at 9:15 pm

Hello,

This is to kindly seek advice as to the process of requesting another title. Ours
was also flooded by Typhoon Ondoy our problem is that my Grandmother the
Land Owner passed away and we can’t initiate a transfer to my still living
Grandfather due to latter.
  
 Atty. Francesco Britanico on April 20, 2021 at 10:23 pm

If the owner’s copy was lost or destroyed, a petition for the issuance of a new
owner’s copy has to be filed in court.

We will need to know more about the facts of your specific case. Will send you an
email.

Joie on June 9, 2021 at 12:08 am

Hi! May I ask what can we do on a property that was in our possession for more
than 20 years now, but the original owner was trying to get it back. And we have
lost/misplaced the deed of sale and copy of the land title and so we cannot
present any proof that it’s already ours. My father was the one who have all these
documents but he already passed away. Thank you in advance for your response

Atty. Francesco Britanico on June 9, 2021 at 11:35 am

A court case to settle the question of ownership may be appropriate at some

point, but this depends on what documents and evidence you do have and
whether the registered owner will oppose or concur with it. We cannot say without
more information.

John ericj sikat on June 26, 2021 at 10:52 am

We have the same problem.. can i have advice?

REPLY

FCB Law on June 28, 2021 at 10:11 am

We would need more information to comment. You can fill out our form for this on
http://www.lawyerphilippines.org

 Darlene on April 30, 2019 at 12:44

 am 
The land title was burned, how can we apply for new title? (The land title was named to
an cooperative who is now desolved)
REPLY

Lawyers in the Philippines on April 30, 2019 at 9:34 am

Sent you an email.

REPLY

Judith on November 16, 2020 at 10:09 am

Good morning,what is the easiest way on filling a lost title and rename it on the
buyers name?

lawyerphilippinesadmin on November 17, 2020 at 7:32 pm

If the title is truly lost, then the only way to replace it is to get a new title through
the reissuance court case that I mentioned above. There is no other way to get a
new owners copy of title.

Caroline on May 3, 2019 at 1:44 pm

How long to be able to get a original copy of the lost title?

REPLY

Lawyers in the Philippines on May 3, 2019 at 3:28 pm

Sent an email.
REPLY

  
 Katrina on May 5, 2019 at 1:36 pm

I lost my grandmother’s original.land title last april 30, 2019. My grandma passed
away last dec 25, 2018..my father was her only child.my father didnt know..what
really had happened.my question is can i as granddaughter can apply for an
affidavit of loss or petition in behalf of my father..hope you can answer my
question.this incident bothered me so much.

Lawyers in the Philippines on May 6, 2019 at 10:02 am

Sent an email.

Maria Theresse Agcaoili on July 8, 2021 at 5:35 am

Hi Ma’am/Sir the title of our land was named to our great grandfather. He was
long dead and we don’t have any copy on the title. Is it still possible for us to have
a reissuance of the land title and rename it? What are the needed requirements?
How long is the process of the reissuance if possible? Your assistance is much
appreciated. Thank you and have a great day ahead!

FCB Law on July 8, 2021 at 2:27 pm

The process is as described in this article. It requires a court case.

It may take about a year from filing provided your documents are enough.

We would need to know the specifics of your case to say more.

MJ on October 1, 2020 at 3:24 am

My sister is keeping the original title of my Father’s property which my father is about
to file a Deed of Donation equally divided to us. My sister, however, doesn’t want to
release the title for reason that that she wanted to keep the entire property. How do I
get a copy of the title? Thank you.

REPLY
  
 Atty. Francesco Britanico on October 3, 2020 at 3:09 pm

Best to talk her into cooperation. Otherwise, you may have to file a court case for
surrender of title.

April on May 16, 2019 at 1:25 pm

I lost the title of the property that was donated to me. The person who executed the
deed of donation is dead. How can I apply for a new one?
REPLY

Lawyers in the Philippines on May 17, 2019 at 11:49 am

Sent an email.

REPLY

Dang MM on January 10, 2022 at 10:26 am

Hello, I bought a house and lot in the Philippines but because I do not live there
anymore, I agreed that my younger sister’s name be used instead of mine.
Unfortunately, she died from cancer I couldn’t find the deed or title of my property.
What can I do about this? I needed this to be transferred to me or my mother. Thank
you in advance.

REPLY

FCB Law on January 18, 2022 at 10:53 am

A court case for reissuance of the title may be necessary. Then the reissued title
would have to go through the process of transfer.

sette on June 6, 2019 at 10:43 am

  
my sister bought a partial land in province, the land doesn’t have title, only land rights.
how we can apply for a land title?
REPLY

Lawyers in the Philippines on June 7, 2019 at 8:51 am

Sent an email.
REPLY

Vangie Bagorio on May 31, 2020 at 7:08 am

My brother’s land title is missing. We are not sure if it was stolen when someone has
broken into the house. It is under his name and his wife’s name who is currently
working abroad. Can my brother process it alone? Or his wife is needed for the court
proceedings? Thank you.

REPLY

Atty. Francesco Britanico on June 5, 2020 at 3:54 pm

She could also co-sign and have the Petition notarized overseas. This is
acceptable for the court here.

Laarni on June 12, 2019 at 8:08 pm

We cannot locate our land title. The title was named under my grandmother’s five
children in which three is already deceased. We have a deed of sale notarized before
the death of one of the last deceased wherein I am the buyer. Can I file for the affidavit
of loss with Register of Deeds? Do we need SPA on the heirs of the deceased before
we can file for reissuance? Thank you.
REPLY

Lawyers in the Philippines on June 13, 2019 at 4:25 pm

  
 Sent an email.
REPLY

Jiro on June 26, 2019 at 10:41 am

Dear Sir/Madam,

Thank you for your very informative article.

My grandmother has a property in Bulacan, wherein she and her brother-in-law are
named in the title. Unfortunately, both of them are deceased, and passed away more
than 35 years ago. The TCT was never transferred to the children’s (my mother among
them) names, and it is only now we are trying to do so. However, over the years, my
mother lost the Owner’s Duplicate Title, and now the heirs are unable to sell the
property.

We already have an extra-judicial settlement signed by all the heirs, as well as the
affidavit of publication. My question is, if they decide to sell a portion of the property
using an Extra-judicial Settlement of Real Estate with Absolute Sale, can this document
be used to initiate a re-issuance of the Owner’s Duplicate Title or effect an immediate
transfer of the title to the heirs and the buyer in the absence of the Owner’s Duplicate
Title?

Thank you.
REPLY

Lawyers in the Philippines on June 30, 2019 at 3:57 pm

Sent an email.

REPLY

Mark on June 24, 2021 at 10:07 pm

My father already passed away and transferred his property to his brother. Now his
brother wants to transfer the property to us. What does he needs to do? What if He
decides to sell it, what documents does he need? He has an original copy of TCT.
Will this be enough? Thank you! 
 
 REPLY

FCB Law on June 30, 2021 at 1:55 pm

An owner’s copy will be needed to effect the transfer of registration.

Anonymous on July 3, 2019 at 4:48 pm

i bought the land from the owner but the original title was lost. i transferred already in
my name to BIR . the REgister of Deeds needs the original title what shall i do?

thank u

REPLY

Lawyers in the Philippines on July 4, 2019 at 5:07 pm

Sent an email.
REPLY

alvin esguerra on October 21, 2019 at 11:47 pm

I have the same problem as well,

REPLY

Nicole on July 23, 2019 at 9:00 am

GOOD MORNING. SIR/MA’AM MY MOTHER USED TO HAVE THE DEED OF THE

HOUSE. AND IT WAS LOST WHEN BOTH OF MY PARENTS DIED. NOW MY AUNT
AND UNCLES TOLD ME THAT THEY ALSO DON’T KNOW WHO HOLDS THE LAND
TITLE SINCE MY GRANDFATHER DIED. WHAT ACTION SHOULD I DO TO BE ABLE
TO PROVIDE A COPY OF THE DEED? IS A MUNICIPAL COPY OF A DEED IS
POSSIBLE, FOR US TO PROVIDE A COPY OF THE LAND TITLE ?
REPLY   
 Lawyers in the Philippines on July 23, 2019 at 9:59 am

You have to go through a court case.

There is no other way to get the title.

Without the title, you cannot transfer it to your name.,

REPLY

angelie cruz on September 3, 2019 at 8:24 am

File for Annotation of the Affidavit of Loss.

Request a Certified True Copy (with annotation of loss).

File a petition at the Regional Trial Court.

Attend the jurisdictional hearing.

Submit proof or evidence.

Wait for the issuance of a Court Decision.

Wait for the Certificate of Finality to be issued.

File a Court Decision and Certificate of Finality at the Registry of Deeds.

Wait for the issuance of Replacement of Owner’s Land Title.

If only you want a certified thru copy you can get at the nearest Registry of deeds
where is your property registered.
REPLY

Ely Masangkay on October 25, 2020 at 10:51 pm

A friend bought property in Paranaque, many years ago but deed of absolute sale
was not notarized, no transfer of title was done and worst is title to such property
is missing. The buyer only have photocopy of the title. How can she secure copy
of the title and how the title be transferred to her name?

Atty. Francesco Britanico on October 26, 2020 at 10:29 am

This rather depends on the circumstances. It might be best to begin by speaking

to the
 seller if the latter is willing to execute
  the
new documents in support of
 transfer. The petition for issuance of new title will be necessary in any case.

Jerico on August 15, 2019 at 1:41 pm

We lost land title. How long will it take to have a new title?

REPLY

Lawyers in the Philippines on August 15, 2019 at 4:20 pm

Sent an email.

REPLY

Eliza on November 27, 2019 at 3:14 am

Good day.

I lost my mother & father’s original land title who are both deceased. Buti still
have a certified true copy of the title. I am one of the 5 daughters, can 1 of us
arrange to process to get a new original land title and how. Would appreciate any
guidance you can extend on this matter.

Thanks in advance

Atty. Francesco Britanico on November 27, 2019 at 1:51 pm

Sent an email.

Kith on July 26, 2021 at 2:00 am

Hello, I lost my original title. But I have TCT, Tax Dec, and all necessary
documents with me. How long will it take for the reissuance be? Everything is
complete. I’m also planning to sell my parcel of land. Can it be done under 2
mos?

  
 FCB Law on July 26, 2021 at 6:37 am

For reissuance of title, this requires a court case that may about a year to
complete.

Joel on August 15, 2019 at 3:09 pm

we’re trying to buy a lot that the title still on her parents name . They went to RD to
check if there’s any outstanding regarding to the property.

RD informed them that the current title hold by the owner has cancelled as there a new
title under her name so they advised them to go to DAR to collect the new title.
However, the new title in DAR has lost due to flood and DAR advised them to file a
reconstitution to issue a new title.

Does DAR should re-issue the title since the new title wasn’t issued/release to the
owner and it was lost on their possession and not the owner who lost it?

Appreciate your advise on what the owner should do for them to sell it to us.

REPLY

Lawyers in the Philippines on August 15, 2019 at 4:18 pm

Hi:

It is the owner of the property who will file a case for reconstitution if the property title
at the Registry of Deeds is lost.

REPLY

Maria on May 10, 2021 at 12:59 pm

I bought the land from the owner the TCT has annotation;

Entry No. _____ Affidavit of Loss – The Owner’s Duplicate copy of this certificate of
title was allegedly lost.

I transferred already in my name to BIR, but the Register of Deeds needs a court
decisions. What shall I do?

REPLY
  
 Atty. Francesco Britanico on May 11, 2021 at 4:27 am

If the Owner’s copy is missing then a court case will have to be filed for the
reissuance of the title as outlined in this article.

JL on August 16, 2019 at 5:56 pm

Are we able to get Certified True Copy of the TCT if the title is lost?

Or a Certified True copy of TCT can be use to transfer the title to the buyer but bought
the land thru deed of sales?

REPLY

Lawyers in the Philippines on August 16, 2019 at 6:27 pm

You will need the Original Title, not the Certified Teue Copy of Title.

REPLY

Neri on August 26, 2019 at 9:57 pm

Good day to you sir/madam! Unfortunately, the land title under my mother’s name had
been destroyed by termites. She would like to request for reissuance of the title but she
is already bedridden. What process can we take so that she can still have a copy of her
land title?

REPLY

Atty. Francesco Britancio on August 27, 2019 at 11:30 am

Sent an email.

REPLY

 Glenda on August 28, 2019 at 12:11

 pm 
How much does it cost to file for a lost original title in the Philippines?
REPLY

Atty. Francesco Britancio on August 28, 2019 at 12:41 pm

Sent an email.

REPLY

angelie cruz on September 3, 2019 at 8:42 am

Steps for reissuance of title

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

Request a Certified True Copy (with annotation of loss).

File a petition at the Regional Trial Court.

Attend the jurisdictional hearing.

Submit proof or evidence.

Wait for the issuance of a Court Decision.

Wait for the Certificate of Finality to be issued.

File a Court Decision and Certificate of Finality at the Registry of Deeds.

Wait for the issuance of Replacement of Owner’s Land Title.

Your mother was still alive so maybe if your mother can still appoint a SPA on her behalf
. She can choose one on her siblings to be her representative or SPA either all siblings
will decide on it who will be your mother representative.

REPLY

Roland on September 15, 2019 at 1:50 pm

Sir/Madam,

Good day, this is my first time to buy a land property which the owner represent to me
the latest true copy of title and the tax declaration in her name. I’ve already paid the
property, but upon submission to register of deeds, they are requesting the original
owner’s copy of title.

The seller (owner) cannot present the original copy hence it was mortgaged in the year
1978. According to the owner it was already paid but the bank did not issue a clearance
certificatethat it was already paid, and receipt
 of payment was lost by the owner.
 The
bank was supposed to be Traders Royal Bank but now it was Bank of Commerce.

My question is: It is possible to foreclose this property by the bank, since the owner is
still paying the real property tax in her name to date? How can the owner secure
another title for this property? What shall I do to transfer this property into my name.

Thank you
REPLY

Atty. Francesco Britancio on September 16, 2019 at 12:47 pm

Hi Roland:

If the owner has not misrepresented things to you, the owner must work with the
bank to recover the property information.

The bank would have taken the title as part of the mortgage.

Then, you must go and pay capital gains tax to transfer the title to your name.
REPLY

Rose Ann on September 16, 2019 at 4:58 pm

Hi,

This is so helpful.

I am planning to buy a lot with lost title and discrepancy on the description. I am very
interested with the property because the location is very accessible.

What are the first steps I must take? Can you recommend a lawyer for this?

Appreciate reply. Thank you.

REPLY

Atty. Francesco Britancio on September 17, 2019 at 5:35 pm

Sent an email.
REPLY

  
 Jasmine on September 17, 2019 at 10:03 pm

Hi. My deceased mother have a land title awarded by the government which was
transferred to her name from his brother. The oroblem is I lost it. What should I do and
how much will it cost?

REPLY

Atty. Francesco Britancio on September 18, 2019 at 11:44 am

Sent an email.

REPLY

Melva on September 29, 2019 at 8:35 pm

Hi,

I’m planning to buy a lot, however, the seller admitted the title was lost. What are the
steps I must need to do? How long will it take to have a new title and what’s the cost?

Thank you.

REPLY

Atty. Francesco Britancio on October 1, 2019 at 9:28 am

Sent an email.

REPLY

Ross on October 14, 2019 at 3:35 pm

I am very much interested to purchase a land but the buyer lost her original Title.

Is it possible for me to purchase her property even the process of reissuing is on going?

REPLY   
 Atty. Francesco Britancio on October 14, 2019 at 5:18 pm

Will send an email.

REPLY

Bing on October 21, 2019 at 9:15 am

I lost my owner’s duplicate copy during Typhoon Ondoy, the land was given to me by
my father but not yet transferred to my name, the TCT is still in my father’s name but we
have already started the process of transferring it to my name. We already paid all the
real property taxes and transfer tax to the city treasury so that it will be transferred to
our name. The problem is we cannot get CAR from BIR because of the lost Owner’s
duplicate copy of the TCT. What actions should we have to take so that we can transfer
it to our name. My father is deceased already. Thanks
REPLY

Atty. Francesco Britancio on October 21, 2019 at 12:59 pm

Sent an email.
REPLY

alvin on October 22, 2019 at 12:26 am

how much and how long is the process of reconstitute a land title?

REPLY

Atty. Francesco Britancio on October 24, 2019 at 1:28 pm

Sent an email.

REPLY
  
 wilfredo Costales on October 22, 2019 at 9:37 pm

Blessed eve! recently we found a deed of donation frm our grandmother (deceased)
donating 2 parcels of land to my mother (deceased) & her sister (deceased). We do not
hve the original title but was able to request a certified true copy frm RD still registered
under the name of my grandmother. we found out that one of the land was partially sold
to various people by the husband of my aunt who also is dead. while the other land, its
tax declaration is under a different name, we checked at LRA in pampanga & the
records showed that it is under my grandmothers name. Can you please give me an
advise of what will be our first move. Narinig po namin na may amnesty ngaun ang
gobyerno upang ayusin ang mga ganitong klase ng poblema na ma waive ang mga
penalties.

do hope you can help us and might be able to recommend a good lawyer that can
assist us along the way.

thank you & God bless!

REPLY

Atty. Francesco Britancio on October 24, 2019 at 1:17 pm

Sent an email.
REPLY

Alyssa on October 28, 2019 at 10:52 am

Good day sir/madam! Unfortunately my lola Lost her original land title. She would like to
request for another one so she can sell her property. she is already bedridden. Anong
process can we take to get a copy of her land title?

REPLY

Atty. Francesco Britancio on October 28, 2019 at 11:40 am

I will send an email.

REPLY 
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 Atty. Francesco Britancio on October 28, 2019 at 1:36 pm

I sent an email and it bounced. Please email us so that we can respond to this
question.

John on October 30, 2019 at 3:21 am

Hello. My wife recently purchased a property in Pampanga and learned later there is no
TCT. The original owner never received the TCT since they claim they did not want to
receive them to avoid paying property taxes. The house was sold through Deeds of
Sale document to one other person before being sold to us. I hear this is quite normal in
the countryside, but I want to make sure that we have the TCT under our name to avoid
issues in the future.

REPLY

Atty. Francesco Britancio on October 30, 2019 at 10:22 am

The first thing to do is to have have a land title investigation.

You’ll need to see who the actual owner is, the state of the real property taxes and
other items. You will need to gather all the documents to see what is missing from
the RD and City Hall. Send someone to the RD to inquire about the property and
obtain the needed documents first from there.

Then, it would then be possible to know what needs to be done from that
information.

REPLY

karen on November 11, 2019 at 3:09 pm

Hi,

What process do I need to follow to obtain a new copy of our land title. My parents
misplaced it and bit of them is still alive.

REPLY
  
 Atty. Francesco Britanico on November 12, 2019 at 1:07 pm

Sent an email.

REPLY

Mark Anthony on November 13, 2019 at 7:07 pm

Hi,

My great grandfather left some properties after he passed away. My great grandmother
was keeping all the land titles but she also passed away. We don’t know where the
documents are but we assume that my aunt was hiding all those documents that are
missing. We asked her about it but she are not sure where the documents are. My
grandmother wants to claim her share and the only proof that we have is her marriage
certificate where the name of his father is written. We also file a late registration of her
birth certificate since she doesn’t have one and she is now 69 years old. Please advise.

REPLY

Atty. Francesco Britanico on November 14, 2019 at 10:46 am

Sent an email.

REPLY

Charito on November 17, 2019 at 10:11 pm

I bought a land and found that the orig title was lost. How much will it cost to secure a
new title, including the court fees, registry of deeds fees and attorneys fees. Thank you
and God bless..
REPLY

Atty. Francesco Britanico on November 18, 2019 at 11:33 am

  
 I will send an email.

REPLY

Robert on November 20, 2019 at 11:44 pm

Good day Sir/ Madam ,

Sir I would like to know what’s the process about lost title when the owner lives outside
the Philippines,I am his nephew and ask for my help to process it. Hope you can give
me advice about this ,thank you.
REPLY

Atty. Francesco Britanico on November 21, 2019 at 12:13 pm

Sent an email.

REPLY

Grace on November 21, 2019 at 6:30 pm

Hi, I would like to ask what is the best action to do in our case. We hired an agent to
transfer my parent’s land title to my name, I am one of their children and I bought the
property to my siblings. Now, the agent who’s handling all our documents lost all the
documents while in the process of transferring the tile to my name (specifically while
she was claiming the CAR she left the documents in the bus) documents lost includes
the original title. Now, i would like to know what can I do to have another copy for my
parent’s title. That is just my main concern on how we can get another copy of the title.
Please help us, thank you!

REPLY

Atty. Francesco Britanico on November 22, 2019 at 4:33 pm

Sent an email.

REPLY

  
 Ma. Lourdes on November 23, 2019 at 7:46 pm

Good evening,

My mother in law is planning to sell her property but somehow lost the original TCT.
May I ask if the Certified True Copy of the TCT be valid and legal enough to produce to
the buyer? Many thanks.
REPLY

Atty. Francesco Britanico on November 25, 2019 at 12:35 pm

It depends on the buyer.

If there is no original land title, the buyer would shoulder the cost of replacing the
land title.

As most buyers are aware of this, they require that the seller first provide the title
before the sale.

In this case, your mother in law must first have the title reissued through a court
case.
REPLY

Josh on November 27, 2019 at 4:22 am

Hi good day,

Our land title was lost after my parents was hired a middle man . We got certified true
copy last 2015 but I need to apply now for owner’s copy. What Im gonna do and i dont
know where im going to get lawyer.

REPLY

Atty. Francesco Britanico on November 27, 2019 at 1:51 pm

Sent an email.

REPLY
  
 Kenn on November 27, 2019 at 11:22 am

Hi,

I have a property and I applied it for a mortgage in a bank.

I have paid it on the bank and just got a receipt, due to I have an appointment already
and I need to go abroad. I didn’t have enough time to fix the papers including the
transfer of the title from the bank to my name again.

There is a person who is helping me from here in the Philippines while I am still on
abroad but then that person died. As we are looking for the original title which is still on
the bank’s name, we found out that the bank was closed and the family members of the
person who is helping us to transfer the title do not have the title of our land.

Please tell me what exactly am I going to do to get the title of my land and transfer it to
my name again.

Thank you
REPLY

Atty. Francesco Britanico on November 27, 2019 at 1:49 pm

Sent an email.

REPLY

Bon on November 13, 2020 at 3:06 pm

Thanks for this site. It’s of great help.

Good day!

Atty. Britanico Sir, may I know the tariff fees for filing a re-issuance of title in lieu of the
lost one?

Re: Registry of Deeds

RTC

& other fees

Also, can a petition for re-issuance of owner’s copy of title be filed in court by a private
citizen without a lawyer.

Thank you very much.

  
REPLY

lawyerphilippinesadmin on November 17, 2020 at 8:22 pm

A Reissuance of Title case can only be filed by a lawyer. I assume you mean fees?
Fees vary depending on the facts, location and lawyer.
REPLY

Melissa on December 13, 2020 at 4:21 am

Hi good day attorney!

My mother passed away. And the title still under to my mother. And I am the only
daughter of my mother. My problem is I lost the title and I’m not in the Philippines to
process. Can I know what I can do even I’m out of the country?

REPLY

lawyerphilippinesadmin on February 1, 2021 at 2:19 am

Hi Melissa:

Get a certified true copy of the title, hire a lawyer and go to court to get the title
reissued.

Have you sent us an email?

REPLY

Nomer Nunez on December 13, 2020 at 11:34 pm

Good evening.

I bought a rice field in my wife’s province and was issued a TCT. After several years,
while reviewing some documents I found out that I misplaced the TCT that was issued
to me. I looked at all of my documents and what I was able to retain was a photocopy of
the TCT. I kept that TCT at home here in Rizal province. We seldom go home to my
  
wife’s province and my in-laws takes care of paying the annual real estate taxes for that
said property. If I were to file for a re-issue of the said TCT, how much shall I budget for
it. :Please advise.

Thank you.

REPLY

lawyerphilippinesadmin on February 1, 2021 at 10:18 am

I will send an email.

REPLY

M on December 14, 2020 at 7:02 pm

Dear Sir / Madam,

Our land title was named after our youngest brother, it was mortgaged by our older
brother without his permission / authorization. But when we went to the lending
company it was already closed.

What is the best thing to do to get back the title?

Thank you.

REPLY

lawyerphilippinesadmin on February 1, 2021 at 10:21 am

You’ll need to find out what the status of the title is. Then you should discuss this
with a lawyer.

REPLY

Grey on March 31, 2021 at 12:02 pm

The land title of my grandfather was lost since 1994, I only found out about this when I
went to City hall to pay real property tax of our family house, it turned out that the taxes
  
of my grandfather’s property (which I was not aware exists) was not paid since 1995
onwards. My questions Atty are, can I process the reissuance of the title as a grand
daughter?; should we pay for the taxes accumulated before we can process the new
title and; do you think we will be able to get a new title and name it after my father as
the son of the lot owner?
REPLY

Atty. Francesco Britanico on April 1, 2021 at 5:31 am

Updating payment on real property taxes is one of the requirements for the
reissuance of the owner’s copy of the title.

You need that owner’s copy to obtain a new title in the name of your grandfather’s
heir.

REPLY

Arnel on April 12, 2021 at 7:46 pm

Hi there,

Our house land title was stolen. It was still named under my grandfather. We’re not sure
if it will automatically be transferred under my grandmother’s name. We want to secure
a new land title in case things go wrong in the future.

Thank you!

REPLY

Atty. Francesco Britanico on April 12, 2021 at 10:02 pm

It will not be automatically transferred. It would have to be reissued under your

grandfather’s name and then transferred to his heirs.

REPLY

Jing on April 14, 2021 at 4:31 pm

  
 Our house title under the name of my older brother(deceased) was lost. This is a
house we siblings have built. Now we are on the process of re-issuance. As the
eldest sister(also single), I am the one processing it. I have been paying the tax
every year, I have receipts. But I dont have a tax declaration. My lawyer asks me for
tax declaration and tax payment receipts. Where can I get the tax declaration? When
we bought this land and built this house, the owner only gave us the title. Where
should I get a tax declaration?

REPLY

Atty. Francesco Britanico on April 15, 2021 at 2:05 am

Hello. From the city or municipal assessor’s office. Your lawyer can provide these
details. You should ask him about these.

Andrew on April 23, 2021 at 12:56 pm

Hi there! We’re in the process of selling a property. The new TCT is already with us but
the buyer wants to see the cancelled titles. The title was cancelled way back in 1978
and the RD said they can’t find it. What can we do to show the buyer that the title really
has been transferred to current owner or, is there any other way to get the cancelled
titles?
REPLY

Atty. Francesco Britanico on April 24, 2021 at 3:58 am

You would expect the RD to have these cancelled titles. Absent those, see what
supporting documents it does have showing that the title is current. Aside from the
RD documents, you may also show the buyer the updated real property tax
payments in the name of the current owner from the city or municipal assessor’s
office.

REPLY

Christopher R. Morales on May 11, 2021 at 12:49 am

  
Ahm hi I just want to ask if what can we do to have a copy of the title if the title was
burned in a house fire and the title is not in our names because the title was sold and
bought back (as mentioned by one of our relatives who sold it and bought it back daw)
we just want to know for sure if the relative who sold it and bought it back is telling the
truth. We are asking them for so many years to give us a copy or just a proof if they
really bought it back and up until now they are not giving any proof that they already
did. Hope you can help us figure out what can we do to take a legal action on this.
Thank you and more power God bless…
REPLY

Atty. Francesco Britanico on May 11, 2021 at 4:46 am

You may want to start with the record of the Title at the local Register of Deeds.

REPLY

jack on May 11, 2021 at 1:22 pm

Attornies good day!

We mortgaged a Certificate of Title in a bank for a loan. The loan was fully paid after
three years. However, the Certificate of Title which was in the possession of Register of
Deeds was burned during the fire incident that razed the said office. My question is,
who will petition or process the reconstitution of burned Certificate of Title. Is it the
Register of Deeds or the Bank which is the mortgagee?

REPLY

Atty. Francesco Britanico on May 11, 2021 at 9:11 pm

It would usually be the registered title holder who files the case.

REPLY

Kenji on June 8, 2021 at 10:43 pm

I bought a land from the owner who only has a certified true copy of the title.

He’s veryold and sick and might not be able

 to attend court hearings. 
What would be the best thing to do?

Need help

REPLY

Atty. Francesco Britanico on June 9, 2021 at 11:26 am

You may consider going ahead with the court case for the reissuance of title as soon
as possible.

Get his testimony in writing and make it part of the record. Once the case is filed and
the court has sent summons out, there are ways to ask the court for the perpetuation
of his testimony even ahead of the hearing date so that he does need to physically
go to court.
REPLY

Kat on June 25, 2021 at 12:59 am

HOw long is the whole reissuance process this time of the pandemic? Annotated
certified title copy, Tax Dec and PRT payment proof provided. Thanks.

REPLY

FCB Law on June 30, 2021 at 1:54 pm

It is still a court case so that has to be taken into account as well. In any case, it
rather depends on what documents you already have ready and with which court the
case should be filed.
REPLY

Belle on June 29, 2021 at 2:12 pm

Hi, same scenario here. My pop lost land titles under his name and he is now
deceased. Can you provide details about the process? Thanks

REPLY
  
 FCB Law on June 29, 2021 at 4:31 pm

A court case for the reissuance of the title would be necessary. The evidence of
ownership and registration would have to be presented to the court.

We’d need to know more about your situation to speak to your specific
circumstances. We’ll be happy to address them through our form on
http://www.lawyerphilippines.org

REPLY

Harvey Villegas on December 14, 2021 at 12:57 am

Hi

My grandmother lost the title of the land and we would like to get a reissuance but
this time to be named under my name while my grandmother mother is still alive,
she stated that the title is named to my uncle, the brother of my father. How can
we go about transferring it under my name and get another title? Thank you!

FCB Law on December 14, 2021 at 6:18 pm

You uncle as registered title holder — or his heirs — should be involved.

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