Have you ever accidentally destroyed or lost your Philippine land title? A land title is an important document to prove your ownership of land or real estate property. It also protects your property rights as the owner, prevents any disputes, and ensures the legal transfer of ownership. Therefore, losing it might be stressful, but you do not have to worry since you can get a replacement of your lost or destroyed land title through a process called reissuance.
What is Reissuance of Land Title?
Reissuance is the process of replacing a lost or destroyed owner’s duplicate copy of a land title. This applies when you have lost or destroyed your copy of the land title, but the original copy of the title is still in the possession of the Land Registration Authority (LRA) and Registry of Deeds Office (ROD).
Requirements for Petition for Reissuance of Land Title
The following documents are typically required when processing the reissuance of a lost or damaged land title:
Notarized Affidavit of Loss explaining the circumstances of the loss or damage
Certified True Copy of the Title from the Registry of Deeds
Certified Tax Declaration and all its attachments from the Municipal or City Assessor’s Office where the land is located
Additional documents that will be required by the Registry of Deeds, the court, and your lawyer
How to File a Petition for Reissuance of Land Title?
To process reissuance of a lost or destroyed owner’s duplicate land title in the Philippines, you must follow these procedures:
Consult with a Lawyer. Seek legal advice from a lawyer to be guided on the process, requirements, and any legal remedies available. A lawyer will help you understand what to expect during the court hearing and work towards a successful outcome.
File an Affidavit of Loss. Prepare and have an Affidavit of Loss notarized. This document formally declares that your land title cannot be found or no longer in your possession. This Affidavit of Loss should then be submitted to the Registry of Deeds (ROD) office where the property is located. This filing serves as a notice to the public and is a prerequisite for the judicial petition.
File a Petition for Issuance of a New Owner’s Duplicate Copy. Once the affidavit of loss has been submitted to the Registry of Deeds, you must file a verified petition with the Regional Trial Court. The petition must include information about the lost or destroyed Certificate of Title, details of the property, descriptions of any improvements made to the property, and your information as the property owner.
Publication and Posting of Notice of the Petition. You will be required to publish a notice of your petition in two (2) successive issues of the Official Gazette. The notice of the petition must also be posted at the main entrances of the municipal or city hall and provincial buildings of the property’s area at least thirty (30) days before your hearing.
Testify in Court. Your testimony is crucial as it is the primary evidence to confirm the loss or destruction of your land title and the legitimacy of your request for reissuance. You will be expected to provide detailed information on how your land title has been lost or destroyed. The court will then assess the integrity of your statement and ask questions about it. Ensure to review your affidavit of loss and other documents submitted, as your statement must align with those documents.
Wait for Court Decision. After testifying in court, patiently wait for the court decision, as they carefully evaluate your case and ensure there are no irregularities or fraudulent activities. The time this takes can vary depending on the complexity of your case and the court’s caseload. Additionally, stay informed about the progress of your case to determine whether the court approved or denied your request for reissuance.
File Decision at the Registry of Deeds. If your request has been approved, file the court decision at the Registry of Deeds where your property is registered. A new owner’s duplicate title will then be issued to you by the Registry of Deeds. If your request has been denied, consult with a lawyer to file an appeal or explore other legal remedies.
How Much Does Reissuance of Land Title Cost?
The costs for reissuance of title include government fees, lawyer’s fees, and other necessary fees. The amount varies depending on your property’s location, lawyer’s service, and administrative requirements.
How Long Does It Take to Process the Petition for Reissuance of Land Title?
The judicial process for the reissuance of destroyed or lost owner’s duplicate land title typically takes several months to over a year, depending on the caseload of the court, complexity of your case, the promptness of publication in the Official Gazette, and the availability of records.
What is the Difference between Reissuance and Reconstitution of Land Title?
Reissuance of title happens when the owner’s copy of the land title has been lost or destroyed but the Land Registration Authority (LRA) and Registry of Deeds (ROD) still have the original land title. On the other hand, reconstitution of title is a more complex process that occurs when the original copy of the land title from the LRA and ROD has been lost or destroyed.
Why is Reissuance Necessary to Replace a Land Title?
Losing a land title or getting it destroyed comes with serious problems. Replacing your land title through reissuance comes with the following benefits:
Proof of Ownership. The land title is the most important document to prove your ownership of the property. In most property transactions, submitting a certified copy of your title issued by the Register of Deeds and your own duplicate copy may be required. If you don’t possess both or either of the two, it will be difficult for you to prove ownership, leading to legal disputes or challenges.
Transfer to Heirs. To transfer land ownership to your heirs, the land title is required. After the appropriate taxes and fees have been paid, your heirs will be required to surrender the original owner’s duplicate copy of land title to the Registry of Deeds. Without it, the property will not be transferred to them.
Transfer to New Owners. Selling the property without a land title could be challenging since it is a legal document that serves as an evidence of ownership and is necessary to legally sell the property. Additionally, to transfer the title to the buyer’s name, your owner’s duplicate land title and the Certified True Copy of Title from the Registry of Deeds are both required.
Mortgage. Without the owner’s duplicate copy of land title, you generally cannot use your property as collateral for loan at the bank or other financial institution.
Prevent Fraudulent Activities. A proper land title is crucial to prevent any fraudulent activities, such as someone pretending to be the property owner, selling the property to buyers who are unaware of the legal claim, or using the property as a mortgage to banks.
Need further information and assistance regarding Reissuance of Land Title? Talk to our team at Duran & Duran-Schulze Law in BGC, Metro Manila, Philippines to know more about the requirements and process. Call us today at (+632) 8478 5826 or +63 917 194 0482, or send an email to info@duranschulze.com for more information.
