Scribd
Upload
174 views1 page

PD 1529

Section 109 of PD 1529 provides that in case a duplicate certificate of title is lost or destroyed, the registered owner must file a sworn statement regarding the loss or destruction. The Supreme Court has held that "lost" means the title is actually lost, not just in the possession of a third party. In this case, the petitioner discovered the original title was not with a third party, but considered it lost, and indicated the loss was discovered sometime in 2010, which satisfies the requirement to provide notice of loss as soon as discovered. The affidavit of loss was then filed and annotated in February 2012.

Uploaded by

Cey Abing
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
174 views1 page

PD 1529

Section 109 of PD 1529 provides that in case a duplicate certificate of title is lost or destroyed, the registered owner must file a sworn statement regarding the loss or destruction. The Supreme Court has held that "lost" means the title is actually lost, not just in the possession of a third party. In this case, the petitioner discovered the original title was not with a third party, but considered it lost, and indicated the loss was discovered sometime in 2010, which satisfies the requirement to provide notice of loss as soon as discovered. The affidavit of loss was then filed and annotated in February 2012.

Uploaded by

Cey Abing
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

Section 109 of PD 1529 provides:

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.
(emphasis supplied)

“Lost” as used in the law, the Supreme Court held in the case of Alcaraz vs.
Arante (GR No. 177042, 10 December 2012, Ponente: Associate Justice Diosdado M.
Peralta), that in construing words and phrases used in a statute, the general rule is that,
in the absence of legislative intent to the contrary, they should be given their plain,
ordinary and common usage meaning”. Thus, it must be proven that the title is actually
lost and not merely in the possession of a third person.
In the instant case, the day when the alleged loss was discovered was also the
same day when the petitioner learned that the original owner’s copy of Transfer
Certificate of Title No. 525957-R was not in the possession of Emyfler Esponilla, a third
person. Applying the rules on interpretation of provisions of statutes mentioned above,
the phrase “as soon as the loss or theft is discovered” does not require that the
exact date of loss or discovery of loss be indicated. An approximation with particularity
of the time when the loss was discovered will suffice. Hence, the petitioner in alleging
that the loss was discovered sometime in 2010 would be sufficient to grant petition for
the lost TCT. “Sometime in 2010” will be limited to the twelve (12) months of 2010 and
not the prior years. What is crucial is the fact that due notice under oath was sent by the
owner to the Register of Deeds of the province or city where the land lies. In this case,
an Affidavit of Loss was executed on February 07, 2012 and the same was annotated
on the title on file with the Registry of Deeds.
Other material dates in relation to the circumstances surrounding the loss of the
original owner’s copy of Transfer Certificate of Title No. 525957-R were mentioned in
the Affidavit executed by Emyfler Esponilla corroborating the statements made by the
petitioner in the Affidavit of Loss executed by the latter.

You might also like