Lost Title

There are several reasons why someone could lose a property title. It could be destroyed in a fire, stolen, or simply misplaced. So, what do you need to do if you lose one?

Before anything, let me lay out some things. Land registration in the PH (i.e., "Torrens System") dictates that TWO copies of the title be created: one kept by the Registry of Deeds (RD) and another by the owner. This is so that if the owner lost his title, he could merely ask the RD for another copy. This process is called "RE-ISSUANCE of Title."

However, if the RD lost its copy (e.g., Q.C. City Hall fire in 1988), this is a more delicate issue. If this is the case, the process is called "RE-CONSTITUTION of Title" (which I'll tackle in a different post).

So here's a short explanation of the process based on my experience.

SUMMARY

Cost: ~Php110,000 (as of 2017)

+ Entails hiring a lawyer to represent the owner in court

Timeline: 9 to 24 months

+ The delay is mainly attributed to the scheduling of court hearings months apart.

+ The court can also ask for additional clarifications. For example, properties in Mandaluyong in the 60s were still under the RD for Rizal (RD for Mandaluyong wasn't established yet). The court may ask the LRA about these things–which would entail scheduling more hearings.

PROCESS

1. Owner submits an affidavit of loss to the Registry of Deeds.

+ The affidavit's narration should state that the same person appearing in court rep was the one who lost the title.

2. Owner files a petition in court for the reconstitution of titles.

+ Make sure the property's real property tax for the current year has been paid.

3. Regional Trial Court schedules a jurisdictional hearing.

+ + This is what takes a long time. For example, If the petition is filed in December, the first hearing will likely be in April.

4. Court schedules a second hearing.

5. If everything goes well, the judge orders the Registry of Deeds to print out a new Title for the owner.

+ Note that the RD will annotate the Affidavit of Loss and the Re-Issuance on the new title.