Reconstituted title over a property that was falsely declared as lost

Dear PAO,

In 2021, I bought a parcel of land from its registered owner. We executed a Deed of Absolute Sale, and had the document notarized before a notary public. The owner's duplicate copy of the transfer certificate of title (TCT) was given to me, but I failed to cause the transfer of its registration. Last month, I found out that the registered owner was able to cause the reconstitution of the TCT over the same property because he declared the title as lost, notwithstanding the fact that he knew that it was in my possession. Now that the registered owner refuses to give me the reconstituted owner's duplicate copy of the TCT, what can I do to protect my rights over the property?

Nic

Dear Nic,

Please be informed that under the Torrens System, the issuance of a certificate of title over a registered land is merely evidence of title over the same, and it does not operate to vest ownership therein. In the event of substantial loss or destruction of the owner's duplicate copy of the title, the registered owner may avail of the remedy of reconstitution, by filing a proper petition before the court, pursuant to the provisions of Presidential Decree 1529, otherwise known as the Property Registration Decree, which provide the basis and procedure for the reconstitution of an owner's duplicate title, viz.:

«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