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Do You Have a Lost TCT? What to Know About: Getting a New Certificate of Title

Have you recently purchased real property, such as a plot of land or a house and lot? The first thing to do upon receiving ownership of real property is to put your Transfer Certificate of Title (TCT) somewhere safe. Your title is how you’ll be able to prove that you own the land or property in question. Without this document, you won’t be able to sell, borrow against, or give your property to anyone. You’ll also need your TCT if you plan on passing down your property to any heirs. However, sometimes incidents happen. It can get misplaced, or caught in an unfortunate fire or flooding. If you find yourself having lost or damaged your TCT, don’t worry. There’s still a way to prove yourself as the true owner, even without the original copy. According to Section 109 of Presidential Decree No. 1529, you can get a new copy through a Reissuance of Title. If you need a new copy of your TCT but are unfamiliar with the court process, here’s a quick overview of what to expect. Hire a Lawyer and File an Affidavit of Loss First and foremost, it’s essential that you look for and hire an experienced lawyer. A good lawyer will be able to speed up the process of the reissuance by gathering and organizing your evidence, guiding you with the requirements you have to obtain, handling other court requirements, and keeping you updated throughout the process. Afterwards, it’s time to file an Affidavit of Loss. This affidavit is a sworn statement that will notify the Registry of Deeds that your previous TCT has been lost or destroyed. This, in turn, will kick start the rest of the reissuance process. This Affidavit of Loss will include information such as the name and details of the owner; a description of the property; a description of how the property was lost; and why you are filing an Affidavit of Loss. File a Petition Requesting for Reissuance After filing your Affidavit of Loss, your lawyer will draft a petition requesting for the reissuance of the TCT. This petition will be filed with the Regional Trial Court. Attached to that petition are pieces of documentary evidence to support the claims of ownership which are stated there. These will include the Affidavit of Loss, Official Receipts, Tax Declaration, Tax Clearances, and any other documents that your lawyer will require from you.. Testify in Court To get a new copy of your TCT, you will need to prove to the court that you have truly lost the original copy and that you are the rightful owner of the property covered by the TCT. While requirements and documents you had gathered in the previous step serves this purpose, the law requires that you also testify in court so that you can confirm the statements and claims in the petition and to identify the documents attached before the judge.. If you have a co-owner, he or she may be allowed to testify on your behalf. Wait for Court Decision and File at the Registry of Deeds Once you have gone through all these processes and you have submitted your evidence, the only thing left to do is wait for the court’s final decision. Normally, this would end in your favor, especially if you had done your due part in ensuring your testimony is watertight, and documents are all genuine. However, there is a chance that someone will oppose the reissuance, which will further complicate and prolong the case. He or she may try to claim that you don’t have ownership of that property. He or she may also try to claim you never lost your original TCT in the first place. So long as you and your lawyer have a strong case, it’s likely that the court will grant your petition for reissuance. Afterwards, you’ll have to register the Court Decision with the Registry of Deeds. This will finally lead to the reissuance of your new Certificate of Title. Conclusion Take note that the court process of reissuing a Certificate of Title can take up to at least a year. This is why it’s essential for you to have a trustworthy, efficient, and experienced lawyer by your side. If you need a lawyer for your Reissuance of Title case, you can Sadsad Tamesis Legal and Accountancy Firm (STLAF) and book a consultation today.

3 Things to Know Before Starting The Adoption Process

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All children deserve a loving family and a safe home to live in. Unfortunately, circumstances might make this more challenging to achieve for some. They may be abandoned, orphaned, or taken away from their biological parents due to neglect. Adoption remains a viable choice for individuals and couples to give these children a second chance at getting a family. In the Philippines, the National Authority for Child Care (NACC) is a one-step quasi-judicial agency that overlooks alternative child care, including the adoption process. It is attached to the Department of Social Welfare and Development (DSWD). Its adoption program is implemented under the recently passed Republic Act No. 11642, or the Domestic Administrative Adoption and Alternative Child Care Act. If you plan on adopting a child in the Philippines, looking through NACC’s adoption requirements is a good idea. That way, you’ll know exactly what you need. Here are the most critical factors you’ll need to know before beginning the adoption process. Who Can Adopt It’s essential to determine if both the adopter and adoptee are qualified to undergo the adoption process. An adult would be eligible to adopt if he or she is at least twenty-five (25) years old and at least sixteen years (16) older than the adoptee. However, the latter may not be applicable if the adopter is the biological parent or sibling of the adoptee. The adopter would have to be of good moral character and must be able to demonstrate it with a clean criminal record. He or she must also have total civil capacity and legal rights. Finally, he or she must be emotionally and psychologically well enough and be in a good financial position to sufficiently provide for a child. If the adopter is married, he or she must adopt jointly with his or her spouse, save for a few exceptions, such as: For these three exceptions, the spouse who would want to adopt need not do so jointly with his or her spouse. Who Can Be Adopted On the other hand, a child can only be eligible to be adopted if he or she is under eighteen years old. The child should also be administratively or judicially declared available for adoption. However, someone of legal age could be adopted by someone who was consistently cared for and treated by the adoptee as family when he or she was a minor. Examples of eligible children may include an illegitimate child of one parent by the other parent. There have also been cases of illegitimate children turned legitimate by their parents through adoption. Children whose parents have since died or whose previous adoptions have been rescinded can also be declared available for adoption. Requirements for Local Adoption Finally, it’s essential to get all your requirements ready before you begin the adoption process. Adoption is a lengthy procedure lasting up to a year or more. Ensuring that the documents needed on your end are set can help speed it up. It’s likely that you already have many of these requirements. The DSWD will require you to submit your Birth Certificate, Certificate of Employment, and National Bureau of Investigation (NBI) or Police Clearance. You’ll also need your marriage or nullity of marriage documents, such as a Marriage Certificate or Declaration of Nullity if applicable. They will also require your medical certificate to ensure you’re physically well enough for your parental duties. The NACC also wants to ensure your financial capabilities are sufficient to cover the needs of the prospective adoptee. Because of this, they’ll likewise require documentary proof of said financial capabilities, such as tax returns or bank statements. Next, prepare the requirements that are specific to the adoption process. Remember to fill up your application form and attend the adoption seminar to get your certificate of attendance. Prepare 3×5 inch-sized whole-body photos of yourself and, if applicable, your family. If you have other children aged ten or above in the house, they’ll need to fill out a written consent to adoption for you. Finally, you’ll need at least three (3) character references who will prepare letters attesting to your character and general reputation. The NACC will use these to review your suitability for caring for a child. By keeping these in mind, you’ll be able to make the beginning of your adoption smooth sailing. In the next part of this series, you’ll be able to get an overview of the adoption process so that you’ll know what to expect throughout. (to be continued) Are you in need of legal advice? Visit sadsadtamesislaw.com to get your first consultation with one of our lawyers.

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