How to Reconstitute a Philippine Land Title
A common question I get asked is how to Reconstitute a Philippine Land Title or even, what is reconstitution?
First, let’s discuss what Reconstitution means.
In the context of Philippine property law, Reconstitution means the replacement of the lost land title that is held by the Registry of Deeds either through Administrative processes or through court.
When the Registry’s of Deeds copy of your Land Title is destroyed, a long process is needed to replace it.
Most people only find out that Reconstitution of Title is needed when they are required by a buyer or bank to verify their Land Title.
The Title can only be verified if the Registry of Deeds has its own copy of your Land Title. If it does not, then this is a major “Oh No!” moment and you will need to go through Reconstitution.
(This is the case even if you have your original Owner’s Title because you need both your original Owner’s Land Title and the Registry of Deed’s copy to prove ownership.)
In this article, I explain:
- Administrative Reconstitution of Title. Cases where you can Reconstitute a Philippine Land Title without court which is applicable in very limited situations.
- Judicial Reconstitution of Title. Cases where you can Reconstitute a Philippine Land Title with court which is usually where most cases fall.
If you have any questions which are not answered in this article please contact us
If you are searching for information about how to replace a lost Owner’s Title, read this post for detailed information on how to petition for issuance of lost title (owner’s copy)
What is a Philippine Land Title?
When you first acquire Philippine land, the Registry of Deeds (RD) will issue you an Owner’s Title or Land Title.
The Registry of Deeds will have another copy that they keep that is the original copy of your Land Title.
Together, these two documents confirm your ownership of that land.
Both the Owner’s title and the Registry of Deed’s title are proof of your ownership of the property.
If one of these Land Titles is lost or destroyed it can potentially cause problems for you, such as someone challenging your possession or ownership of the land and property.
If the Registry of Deed’s copy of your Land Title is lost or destroyed, unscrupulous people may be able to sell your property due to the absence of a Owner’s Title at the Registry of Deed’s.
There are many cases of this in the Philippines after a Registry of Deed’s office has been damaged.
For example, the Quezon City Registry of Deed’s burned down in 1998 and court cases brought by rightful land owners continue to this day.
If the Registry of Deed’s copy of your Title is destroyed, buyers, banks and other investors may no longer push through with a sale or investment.
And if you are planning to sell or develop your property having your Owner’s Title is not enough. You will need both documents.
Buyers often verify your ownership of the property by looking at the Title lodged at the Registry of Deeds.
There are also a lot of fake Land Titles in the Philippines.
Serious buyers will often go to the Registry of Deed’s with your photocopied Owner’s Title to verify your ownership though the Registry of Deed’s copy. In fact, this is something I strongly recommend buyers do because it saves a lot of trouble down the road.
If the Registry of Deed’s copy of the Land Title cannot be found, the buyers may back off. As such, the need for replacing the lost Registry of Deed’s Title through the process of Reconstitution of Title is necessary.
Reminder: If you have lost your copy of your Owner’s Title but the Registry of Deed’s copy is intact, the process you need to go through is called Reissuance. I go through the detailed step by step process for this in my article What to do when you’ve lost your Land Title.
Administrative Reconstitution of your Philippine Land Title
In limited situations, you can Reconstitute the Registry of Deeds (RD)’s Title of your copy yourself. This is called Administrative Reconstitution of Title.
Administrative Reconstitution of Title can only go ahead if:
1. The Registry of Deeds where the land was located announces that Administrative Reconstitution is possible.
This is usually when the Registry has suffered a natural catastrophe such as a fire or a flood. They will announce this if more than 10% of the Titles and at least 500 Land Titles that they hold have been destroyed.
Please Note: We do not maintain listings of which Registry of Deeds permit Administrative Reconstitution as these change all the time. You will have to call the Registry of Deeds where the land is located to confirm. You can check here for contact details of Registry of Deeds Offices
2. You have your Owners Land Title or if you can present your co-owner’s, mortgagee’s, or lessee’s duplicate of the Certificate of Land Title
- Administrative Reconstitution of Title is allowed only in very specific circumstances!
So, just to reiterate.
You can do Administrative Reconstitution of Title if you have your Owners or Co-owner’s, mortgagee’s, or Lessee’s duplicate of the Certificate of Title AND if the Registry of Deeds where the land is located announces that Administrative Reconstitution is allowed.
You would submit your petition for administrative reconstitution of title at the RD (I use RD a lot in this article. The meaning of RD in land title cases is just the Registry of Deeds, which is where Titles are kept)
If the Registry of Deeds doesn’t announce you can do Administrative Reconstitution OR you don’t have one of the documents, then you are going to have to go through Judicial Reconstitution of Title process.
Judicial Reconstitution of your Philippine Land Title
In most cases, Judicial Reconstitution of Title is needed when the Registry of Deeds copy of your Title has been lost.
Judicial Reconstitution is a court case. [Sec 110, PD 1529]
Aside from the scenario’s specifically mentioned above in the Administrative Reconstitution of Title section, there is really no way around it.
Now, there are numerous ‘fixers’ and ‘middle men’ about who will claim that they can do this for you quickly.
But I’ve seen enough cases to be extremely wary. The clients can be taken advantage of and the “quick fix” often doesn’t actually fix the problem.
Most people will need to go to court process to replace the lost Registry of Deeds Land Title copy!
I will always advocate that people should do it the correct way.
It is the only way to avoid the very real problems you will face because of shady, backroom deals. “Fixers” and “Middle Men” can lose you a lot of money and regularly.
They will cost you a lot of time too!
Quick Facts
Case: Reconstitution 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: Owner’s Duplicate Certificate of Title or other documents enumerated below, Other documents required by the court
Judicial Reconstitution of Title Process
Step 1: File a Petition with the Regional Trial Court where the land is located.
Lost or destroyed titles can be replaced at the cost of time and resources as most titles can only be replaced through court.
(Administrative Reconstitution is limited to a very, very small number of cases. Most lost Registry of Deed titles can only be replaced with a judicial titling Philippine court case. Because of court, replacing a lost RD title can be costly.)
You must file the Petition for Reconstitution of Lost Owner’s Title with the Regional Trial Court where the land is situated.
You and your lawyer will create a Petition requesting the court to order the replacement of the Registry of Deeds copy.
Your lawyer will first need to assess the evidence that you are the owner of the land and to allow him to go to court:
A special power of attorney for reconstitution of title, authorizing him to act on your behalf.
To do that, he will first ask you for any of the following documents:
- Your Owner’s Duplicate Certificate of Title
Your lawyer must present the proper documents to show Ownership strengthen your claim.
- Your co-owner’s, mortgagee’s or lessee’s Duplicate Certificate
- Certified copy of the Certificate previously issued by the Registry of Deeds
- Authenticated copy of the Decree of Registration or Patent that was the basis of the Certificate of Title, if the Reconstitution is for the original Certificate of Title OR Deed of Transfer or other document or an Authenticated Copy with the property’s description covered by the Transfer Certificate of Title and filed at the Registry of Deeds, if the Reconstitution is for a Transfer Certificate of Title
- Deed or an Authenticated copy of mortgage, lease or encumbrance with the property’s description and filed at the Registry of Deeds
- Any other document which is sufficient in the judgement of the court
As with any court case, you need to have strong evidence for the case to succeed.
The specific documents cited above are documents acknowledged by the court as valid sources of Reconstitution.
Your lawyer will have to carefully go over your case if you can only present other proof.
When your attorney has gone over your documents, he will create a Petition to be filed at the court.
There will be Filing Fees, Publication Fees and other document related fees such as Postal or Notarial Fees.
In addition, a Land Survey may have to be commissioned for Land Registration Authority (LRA) Approval if documentary evidence isn’t strong.
Step 2: Judicial Reconstitution of Title Witness Testimony
A witness/witnesses will be required to testify to support the case.
You will be required to have a Witness attend Court. They will need to give a Witness Testimony as part of the Reconstitution of Title requirements.
Before the Witness’s Testimony at court, your lawyer will have done the following:
• Coordinated with the Official Gazette to publish a Notice which must be completed 30 days before the court’s First Hearing.
• Complied with Notice Requirements
• Worked with you to create a Land Survey, if needed
• Appeared at court to show compliance to legal requirements
• Complied with other Orders of the court
All of the above will take some time, so the Witness may not be called to attend the court until several months after the filing of the Petition.
Your lawyer will interview the Witness and file a Submission to the court called the “Judicial Affidavit”. The Judicial Affidavit covers all the facts the Witness presented.
Fees related to the Petition, the court appearance and other Submissions will need to be paid.
Step 3: Judicial Reconstitution of Title Court Decision
Unless there is opposition, your case should be headed for its conclusion.
(A hopefully happy ending where you achieve a Reconstituted Philippine Land Title.)
Your lawyer is busy now putting together the Final Submission to the court and dealing with any other legal requirements that court might have ordered.
A court decision is released after the evidence has been submitted.
The Court will release its decision but be prepared for a bit of a wait, as it can take months.
The court case is concluded at this point but remember that you still have to register this with the Registry of Deeds (RD) where the land is located.
Do not skip registering the decision with the Registry of Deeds!
It is important as the Registry of Deeds will only Reconstitute a Land Title after the court’s decision has been registered with them. It is not an automatic process.
While it is a time-consuming process to register the decision with the Registry of Deeds, it is a very, very necessary one. And yes, you will have to pay Registry of Deeds Fees as well.
How to Reconstitute a Philippine Land Title Summary
This article has been written from your point of view.
It covers the Judicial Reconstitution of Title requirements, what you need to prepare, the steps you need to be aware of, and how the case will look from your point of view.
You will need to undergo the three steps of Judicial Reconstitution if the copy of your Title in the Registry of Deeds has been lost/destroyed
In general, it looks like this:
• File and submit a Petition for Judicial Reconstitution of Title
• Present a witness at court
• Wait for the court decision Register the Reconstituted Title at the Registry of Deeds
Your lawyer will take care of all the other requirements as he will attend all the other hearings, address extra court orders, and generally follow up and coordinate with the court on several other things.
(FYI, the process from the lawyer’s side is more complicated than what I’ve presented in this article. There are a lot of court rules that he needs to comply with to make sure your case goes as smoothly as possible. Always hire good counsel, it’s better than a case dragging on forever or a case being denied).
Avoid Fixers and Middlemen!
Take care to go through the correct process.
There are Fixers and Middle Men who will promise “shortcuts” and “easy fixes”. The aftermath of these “easy fixes” can be court cases against you, lost money and lost time.
If you are successful in Reconstituting your Philippine Land Title, you should be able to easily sell or have investors look at the land to maximize its potential.
Atty. Francesco C. Britanico, FCB Law Office
Lawyers In the Philippines
Other Useful articles about Philippine Land Titles and Inheriting Land:
What to do when you have lost your Philippine Land Title
Philippine Land Title Search
How to Transfer Land Title to Heirs in the Philippines
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Hello po. May na-acquire po kasi kaming lot. Nasunog daw po yung ROD previously kaya nawalan po sila ng copy. Si owner naman po meron siyang copy ng title which is original naman po. Ang problema po kasi nakapangalan pa sa namatay nyang ama yung title. Pano po kaya ang dapat gawin namin? Sana po matulungan nyo kami. Kasi ang sabi ng ROD need po namin ng reconstitution. Applicable po ba sa amin ang administrative reconstitution? Ano po ang mga dapat gawin? Ano po ang dapat namin unahin? Reconstitution po ba o transfer pa po sa amin? Maraming salamat po. Sana po matulungan ninyo kami.
Administrative reconstitution may be possible. You should check with the Register of Deeds concerned.
Good day. How much po ang reconstitute of land title. davao area po and 10 hectares. makatarungan po ba ang 300k all in?
Sent an emaail.
Hello po i need help po for my parents lost title on who to go to or maybe a lawyer that would represent us on processing of lost land title. Please reply
We will be happy to help you with this.
Please fill out our form on https://lawyerphilippines.org so that we can speak to the details of your specific case.
Thank you.
Hi. Ano po bang documents ang hihingin ng court kapag nag file ng affidavit of loss sa titulo, example po misplaced na po at di makita? Thank you.
How can I stop the reconstitution of american tittle because we have tax declarations of portion of that land that the living heirs are not willing to give to us…thank you
If there is a pending court case, you can intervene or oppose it. Or you can file you own court case for your title to be registered or confirmed.
32 I have a photocopy of the court decision, am not sure if it has been filed. I also have a photocopy of the tct and tax DECLARATION. What should I do next to get an original copy of the title? Thanks
If there is already court decision, it should be enforced. A photocopy will not suffice. A certified copy of the decision should be secured from the court and presented to the register of deeds.
my father bought a property from the daughter of the ownee (owner died long years ago) only to find out that the govt copy was destroyed by fire. now that we are transferring it to my fathers name they said that we need to undergo rexonstitution.. i just want to ask can my father as the new owner, can he alone file a petition?
Yes, he can be the named petitioner in the court case.
How much will it cost to reconstitute a title?
This depends on a number of factors, including what the necessary documents are, the availability of evidence and the need to obtain them, and the location (city or municipality) of the property.
Hi. I’ve bought a lot in 2019 and was given a photocopy of the title and an Absolute Deed of Sale. I also checked the lot in the Registry of Deeds and they said that the title is “clean.” Now, the original title is on regional court for reconstitution since it was destroyed during Typhoon Yolanda. Is it normal for this to drag on for years? It’s been on court for almost 7 years already.
7 years is going long for such a case. You may ask to check to court records to verify its current status.
We have receive letter/affidavit from RD that our title was destroyed due to fire. We have the duplicate copy of the said title. Need pa din po ba mag pa judicial reconstitution khit may affidavit na kmi from RD?
Yes. That would be one of the pieces of evidence you would present to the court.
keep at it man, your almost there , thanks for the read!
Thank you!
In 2002 i bought a land for 5M, however i didn’t register or change it in the registry of deeds. In 2004, the seller, knowing that ive still haven changed it, sold the land to another for a much lower price, it had been said to me that the buyer knew i already bought it; later that year ive been told that the buyer went to the registry and change the owner of the land that i initially bought. Do i have a better chance to own the land?
The amount of time that has passed since all this happened makes it difficult to obtain relief.
Good evening.
We bought 4 parcels of land and was given by the Seller the corresponding Owners Duplicate copies but we cannot transfer the titles to our name because according to the Register of Deeds 2 of the 4 titles have no image saved on their database and they had advised us to pursue title reconstitution. Can we, as buyers, do the restitution ourselves even though the titles are not yet under our name? Kindly advise how much the reconstitution of the 2 titles will cost. Thank you very much’
Yes, but more information is necessary. Will send you an email.
Atty we purchased a townhouse thru bank. Upon their verification, the title has Sec 7 RA26 which we need to file at court. What is the process and how much would it cost? The seller does not want to process it as it is costly. We have not been informed about this prior. Please help. Ty
I will send an email.
Good day atty. Dapat po ba talaga ipareconstitute ang lumang titulo ng lupa? Magkano po kaya ang magagastos. Maraming salamat po.
It can depend on several factors including the documents and evidence available and the location of the property.
Hi, would it be possible to undergo Administrative Reconstitution if the rd’s copy was burnt while the owners copy is still with me?
This depends on how much or how extensively the RD’s records were damaged.
we have in our possession the original title, transfer certifcate of title but RD copies is missing, advise us to go judicial reconstitution. how much is the reconstitution?? thanks again
Sent an email.
My uncle is a single and he left a
land property is his name. They were 5 in the family. All of his brother and sisters died except my mother who is still alive at 94 yrs old. One sister is single and the rest were married with children. Is my mother has the right to inherit or to own of his properties? How? Thank you for response.
The children of his siblings are also entitled to inherit in representation of their parent’s share. An extrajudicial settlement of his estate — a unanimous agreement among the heirs — may be the simplest way to do this if everyone can agree.
How much is the reissuance of lost land title?
This depends on a number of factors such as the location where the court case must be filed and the available evidence because these affect how long or difficult the case will be.
Good day Atty!
i have same scenario with Lou and Adrian. RD already issued certification that they cannot locate the transmittal if our land title is already transferred to Las Pinas.For your assistance on what to do next. thank you in advance.
Hi Gwen:
In this situation, investigation of both RDs is needed.
If it truly does not exist, this is when a case must be filed.
However remember that you will need documentary proof that you own the land such as your owner’s title.
Good Day! Ask ko lang po attorney kung paano po na bumili kami ng lupa. Binigyan po kami deed of sale. Kaso yung original title po ng previous owner nawala nya po. Tapos pumunta po kami sa registry of deeds wala din daw po sakanila yung physical copy ng title po. Yung previous owner nagfile na po reconstitution of loss of title sa trial court. Paano po yun attorney hindi po namin mailipat sa pangalan namin yung tax decleration lumalaki na po yung capital gain tax. At hindi pa po namin mapatituluhan nabili naming lupa kasi need po ng original copy ng title? Naloko po ba kami? Pwede po ba namin ipabalik yung byad namin. Please help us.Thank you.
Sent you an email.
I have the same problem with Lou, but in their database they located the titles file(Lot no., etc.) but it has no actual title. RD issued a certification that they could not locate the file in their registry. What should be my next step? how much and how long will reconstitution take?
Sent an email.
Hi can you please help me on the annotation of lost title in my ctc..how can i contact you thanks
We can be contacted on admin@lawyerphilippines.org
We bought a land 20yrs ago. We have the owners copy but the RDA and LRA have no copies of our title. The RD says that they might have lost the copy duty to fire and ofc relocation. Property tax are religiously paid annually.
It seems that this will require the reconstitution process described here.
My certificate of title according to rd was not properly transmitted.but they say that my owner’s duplicate copy is not fake.but they cannot find my documents.what will i do..how much does rreconstitution cost.
Sent an email.
Hello,
I work with this property owner for a condominium. I’m currently in a situation where the real estate broker who conducted the sale to this property owner hasn’t transferred the title to the buyer’s name. the title is still registered under the previous owners name. we have tried contacting this broker to ask about the transfer and the title. but, this person is uncooperative and unreachable. the current owner has been trying to reach the broker for the last year and nothing has happened. as of today, i have the deed of absolute sale as evidence the sale was done and some tax receipts.
what should i do? apply for reissuance? file a case against a person who is really hard to find?
Sent an email.
The deed of absolute sale should indicate who is responsible for the transfer. Usually, for purchase of a condominium, the buyer is responsible to transfer the title in his/her name and all fees and expenses associated with the transfer.
Hi,
I read in this article that if the owner’s duplicate of title is lost or destroyed and the original copy of title in the RD is still intact. Application should be re-issuance of title. May I request for a more detailed process of this? Thank you
Sent an email.
I read in this article that if the owner’s duplicate of title is lost or destroyed and the original copy of title in the RD is still intact. Application should be re-issuance of title. May I request for a more detailed process of this? Thank you
Sent you an email.
Received an RTC decision that the land my parents bought and we’ve built a house on has been granted reconstitution to it’s orig owner. There are several lots in our area actually, not just ours. And we are inside a village by a known developer. What do we do?
We cannot say without seeing the court decision.
But it may be necessary to file a court case of your own to contest title to the property.
Hello,
I’d like to purchase a property through a broker.
how would I know the property is authenticated or not?
Thanks.
Hi Ben:
You’d have to do a lot of research.
You will need a copy of the title, then you will need to check that the title is valid by going to the Registry of Deeds where the property is located.
In addition, it is best to ensure that the owner is actually the person named on the title and that he is the person selling the property to you through the broker.
Isn’t it the fault of the RD for titles that are lost under their custody,while the owner still have the copy of the title?
Yes, this may be so, but the government is generally immune from suit.
What if my father died and 2 of his lots don’t have a Original title. So I went to LRA to get a CTC of the land and it is still in my father’s name what is the best option to transfer the title on my name. Also have seen someone have requested a copy of original title thru LRA without my father’s consent and us what case can I file to that person?
Hi Gudo:
If the properties do not have a Title and the estate has not been settled, it is important to do both processes as soon as possible to avoid the very heavy fines for late settlement.
If your father passed on or before Dec 31, 2017, then you may avail of the estate tax amnesty. This is only available for the next 2 years so you must hurry as addressing both issues may take that long, depending on the facts of the case.
A court case to replace the titles is the only way to replace them in most cases.
It is very difficult to really comment on your specific situation as not enough information is available.
I understand that this is oddly specific but what if there was a theft of the legal documents to my family’s farm land…
and this thief was somehow able to sell the land and/or possess it without our permission?
Hi:
You can file a case against the person who sold it.
The proof, the documents, and the situation must first be assessed however.
Can you please contact me? Would like assistance to reconstitute a title.
Replied to your other message.
Can you please contact me? Would like assistant to reconstitute a title.
Hello. We have a form on the homepage http://www.lawyerphilippines.org where we can be reached.
What is the cost of reconstituting a land title if the cost of the property is 2 million pesos?
Sent you an email.
Hi. Can u send the cost on my email too? Thank you.
Blessed time, Atty. May I ask you a question,please? “The additional copy of my title where my mortgage was annotated, was lost. I’ve got with me my duplicate copy only the additional copy was lost. And I already paid my mortgage to the bank where I owed. But since I lost the said copy the Registry of Deeds won’t be able to Release my mortgage. I already filed an Affidavit of loss to the Registry of Deeds, and it was approved. Now, Atty. Can I ask the Register of Deeds to Cancel my mortgage, or can I process the lost of additional copy via Administrative process? Thank you for your time. God bless po.
You may need to file a court case for reissuance of a new copy of the owner’s title.