SECTION 109 OF THE LAND REGISTRATION ACT GOVERNS REPLACEMENT OF LOST DUPLICATE CERTIFICATE

Category: Land Titles And Deeds

SECTION 109 OF THE LAND REGISTRATION ACT GOVERNS REPLACEMENT OF LOST DUPLICATE CERTIFICATE

> Section 109 is the applicable law in petitions for the issuance of new owner’s duplicate certificate which are lost or stolen or destroyed

> RA 26 applies only in cases of reconstitution of lost or destroyed original certificates of title on file with the RD

> The requirements for the replacement of a lost duplicate certificate are:

1. 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 RD of the province or city where the land lies as soon as the loss or destruction is discovered

2. The corresponding petition for the replacement of the loss 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

3. The petition shall state under oath the facts and circumstances surrounding such loss or destruction

4. The court may set the petition for hearing, after due notice to the RD and other interested parties as shown in the memorandum of encumbrances noted in the Original Certificate of Title or Transfer Certificate of Title on file in the office of the Register of Deeds

5. 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

PETITION, WHERE FILED

> A petition for replacement shall be filed with the RTC of the place where the land lies and this is true even if the title was issued pursuant to a public land patent registered in accordance with Section 103 of this decree