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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Section 109 of Presidential Decree No. 1529 has two distinct requirements: the first paragraph refers to the notice requirement, i.e., submission of an Affidavit of Loss to the Register of Deeds while the second paragraph pertains to the procedure for the replacement, i.e., filing a petition for the issuance of a new duplicate certificate. The second paragraph contemplates the conduct of a full-blown hearing wherein petitioner must prove the fact of loss or theft through preponderant evidence.
Presidential Decree No. 1529, particularly Section 109, provides a comprehensive remedy for the replacement of an owner’s duplicate certificate of title that has been lost, stolen or destroyed. This is supported by the Supreme Court in the case of Heirs of Spouses Ramirez v. Abon, G.R. No. 222916, July 24, 2019, as well in the subsequent case of Republic of the Philippines vs. Rogelio B. Ciruelas, G.R. No. 239505, February 17, 2021, where it affirmed that Section 109 of Presidential Decree No. 1529 is the law applicable in petitions for issuance of new owner’s duplicate certificates of title which are lost or stolen or destroyed.
Section 109 of Presidential Decree No. 1529 provides that:
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.
Section 109 of Presidential Decree No. 1529 has two distinct requirements: the first paragraph refers to the notice requirement, i.e., submission of an Affidavit of Loss to the Register of Deeds while the second paragraph pertains to the procedure for the replacement, i.e., filing a petition for the issuance of a new duplicate certificate. The second paragraph contemplates the conduct of a full-blown hearing wherein petitioner must prove the fact of loss or theft through preponderant evidence. (Republic of the Philippines vs. Rogelio B. Ciruelas, G.R. No. 239505, February 17, 2021)
The Court also outlined in the case of Heirs of Spouses Ramirez v. Abon, G.R. No. 222916, July 24, 2019 the requirements for the replacement of a lost owner’s duplicate certificate of title can be summarized in the following manner:
- The registered owner or other person in interest shall send notice of the loss or destruction of the owner’s duplicate certificate of title to the Register of Deeds of the province or city where the land lies as soon as the loss or destruction is discovered;
- The corresponding petition for the replacement of the lost or destroyed owner’s duplicate certificate shall then be filed in court and entitled in the original case in which the decree of registration was entered;
- The petition shall state under oath the facts and circumstances surrounding such loss or destruction; and
- The court may set the petition for hearing after due notice to the Register of Deeds and all other interested parties as shown in the memorandum of encumbrances noted in the original or transfer certificate of title on file in the office of the Register of Deeds; and
- After due notice and hearing, the court may 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 or destroyed certificate and shall in all respects be entitled to the same faith and credit as the original duplicate.
Additionally, mere compliance with the notice requirement and the filing of a petition with the appropriate RTC does not automatically entitle the registered owner to a replacement duplicate certificate. (Republic of the Philippines vs. Rogelio B. Ciruelas, G.R. No. 239505, February 17, 2021)
Section 109 of Presidential Decree No. 1529 also contemplates a situation wherein the petition for reconstitution is filed by another person having an interest in the property who is not the registered owner. In other words, when an owner’s duplicate certificate of title is lost or destroyed, a person who is a transferee of the ownership over the property, who is not necessarily the registered owner, may also file the petition for reconstitution. Similarly, in this situation, the other persons having interest in the property should be notified of the proceedings. In this situation, the registered owner must also be duly notified of the proceedings. By his or her very status as registered owner, the latter is an interested party in the petition for reconstitution cases. (Heirs of Spouses Ramirez v. Abon, G.R. No. 222916, July 24, 2019)
In conclusion, Section 109 of Presidential Decree No. 1529 offers a well-defined legal remedy for the replacement of lost, stolen, or destroyed owner’s duplicate certificates of title. The law requires strict compliance with the notice and procedural requirements, including the submission of an Affidavit of Loss and a formal petition filed in court. Additionally, the petition is subject to a full hearing, and the petitioner must prove the loss through preponderant evidence.
While registered owners are the primary parties eligible to file the petition, the law also accommodates persons with a vested interest in the property, such as transferees. This ensures that the legal process remains fair and accessible to all those with a rightful claim to the property.
By adhering to these procedures, individuals can ensure that their ownership rights are properly protected and reestablished in the event of a lost, stolen, or destroyed title.
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