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.