Sunday, March 27, 2016

SAMPLE PETITION FOR RECONSTITUTION


REPUBLIC OF THE PHILIPPINES
____________ JUDICIAL REGION
REGIONAL TRIAL COURT
Branch ____
_________________


RE: IN THE MATTER OF THE ISSUANCE OF THE SECOND OWNER’S DUPLICATE COPY OF TRANSFER CERTIFICATE OF TITLE NO. ______________ OF THE REGISTRY OF DEEDS FOR __________________________




LRC CASE NO. _____________

____________________,
                               Petitioner.


x----------------------------------------------x
                            

P E T I T I O N


COMES NOW, the Petitioner, ____________________________________, by and through the undersigned counsel and unto this Honorable Court, respectfully alleges that:

1.                The Petitioner is of legal age, Filpino, single/married, and a resident of _______________________,  where he/she may be served with court processes;

2.                The Petitioner is a lawful and registered owner of a parcel of land together with the improvements therein, identified as __________________ of the consol. subd. plan, _____________________ located in the _______________, Province of ___________, with an area of _________ (___) SQ. METERS, more or less, embraced by Transfer Certificate of Title No. ______________ duly issued by the Registry of Deeds for _________________, which parcel of land is particularly described as follows:

   Transfer Certificate of Title No. _________________

(please indicate here the technical description)

          A Copy of Transfer Certificate of Title No. _______ is hereto attached as Annex “A”;

3.      The parcel of land covered by the aforesaid certificate of title is part of the ____________________ located in ______________________;

4.      The Petitioner usually kept the owner’s duplicate copies of all the certificate of titles for its real estate properties in the vault together with all the other important documents of the Petitioner. The said vault is under the control and supervision of the Petitioner;

5.      After diligent search to the vault of Transfer Certificate of Title No. ________, the same could not be found;

6.      The Petitioner exerted all efforts to look and determine the whereabouts of the said certificate of title but despite these efforts, the Petitioner still failed to locate the said certificate and apparently they were misplaced and deemed lost;

7.      Consequently, the Petitioner executed an Affidavit of Loss, which was registered with the Register of Deeds for ___________ and annotated at the back of the original Transfer Certificate of Title No. ____________ in the possession of said Office under Entry No. _________________, a copy of the Affidavit of Loss is hereto attached as Annex “B” and made as an integral part hereof;

8.      The issuance of the Second Owner’s Duplicate Copy of TCT No. ________________ can be based and drawn from a certified true copy of the original copy thereof secured by Petitioner from Registry of Deeds for _____________ (Annex “C”);

9.      Subject property covered by TCT No. __________ is also covered by Tax Declaration No. ______________ issued by the Office of the _______ Assessor, a copy of which is hereto attached as Annex “D”;
         
10.    The Petitioner is up to date in the payment of the real estate taxes for the subject property as evidenced by a Certification issued by the Office of the ____________ Assessor, a copy of which is attached as Annex “E”.
                                          
P R A Y E R

WHEREFORE, premises considered, it is respectfully prayed of the Honorable Court that after due notice and hearing, a decision be rendered by this Honorable Court directing the Registry of Deeds of _______________ to cause the issuance of a new Owner’s Duplicate Copy of TCT No. ___________ with like faith and integrity as the lost certificate of title for all legal intents and purposes.

          Other reliefs and remedies as may be deemed just and equitable under the premises are likewise prayed for.

          RESPECTFULLY SUBMITTED. _____(place)________, date.


ATTY. MMM
(address of the Counsel)
(Contact No. of the Counsel)
IBP No. _________ / date of issue / place of issue
PTR No. ________ / date of issue / place of issue
Roll of Attorney’s No. _________
MCLE Compliance No. ___________




Republic of the Philippines )
Makati  City                               ) S.S.


VERIFICATION WITH CERTIFICATION OF
NON-FORUM SHOPPING


          I, _______________, of legal age, married and with office and postal address at ____________________________________, after having been duly sworn to in accordance with law do hereby depose and state that:

                                     
1.                I am the Petitioner in the above-entitled case;

2.                I have caused the preparation of the foregoing Petition and that the allegations therein are true and correct of my own personal knowledge based on authentic documents on record;

3.                I have not heretofore commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency as are raised in this case;

4.                To the best of my knowledge, no such action or proceeding is pending in the Supreme Court, the Court of Appeals or any tribunal or agency; and

5.                If I should thereafter be aware or learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals or any other tribunal or agency, I will undertake to report this fact within five (5) days there from to this Court.




________________
Affiant


JURAT

SUBSCRIBED AND SWORN to before me this ____________________, affiant, personally appeared and  exhibited to me his/her Government Issued ID No. ____________ issued on ___________ in _____________, Philippines.


NOTARY PUBLIC                            
                                                                            
Doc. No. _____;
Page No. _____;
Book No._____;
Series of _____.






TITLE RECONSTITUTION



The reconstitution of a certificate of title denotes restoration in the original form and condition of a lost or destroyed instrument attesting the title of a person to a piece of land. The purpose of the reconstitution of title is to have, after observing the procedures prescribed by law, the title reproduced in exactly the same way it has been when the loss or destruction occurred. (Republic v. Tuastumban, G.R. No. 173210, April 24, 2009, 586 SCRA 600, 614)

Under property laws, there are two methods of reconstitution of title: 1. Judicial Reconstitution ( RA 26) and 2. Administrative Reconstitution (RA 6732). 

The Judicial Reconstitution requires the filing of a Petition in the proper Regional Trial Court where the property is located which shall state, among other things, the following:

(a)                  that the owner's or co-owner’s duplicate of the certificate
of title had been lost or destroyed;

(b)                  that no co-owner's mortgagee's or lessee's duplicate had
been issued, or, if any had been issued, the same had been lost or destroyed;

(c)                  the location, area and boundaries of the property;

(d)                  the nature and description of the buildings or
improvements, if any, which do not belong to the owner of the land, and the names and addresses of the owners of such buildings or improvements;

(e)                  the names and addresses of the occupants or persons in
possession of the property, of the owners of the adjoining properties and all persons who may have any interest in the property;

(f)                     a detailed description of the encumbrances, if any,
affecting the property; and

(g)                   a statement that no deeds or other instruments affecting
the property have been presented for registration, or, if there be any, the registration thereof has not been accomplished, as yet. All the documents, or authenticated copies thereof, to be introduced in evidence in support of the petition for reconstitution shall be attached thereto and filed with the same (Section 12, RA 26).


The notice of the petition must also be published twice in successive issues in the Official Gazette, posted on the main entrance of the provincial and municipal building in which the land is situated, at least thirty (30) days prior to the date of hearing. The Court shall likewise cause a copy of the notice to be sent, by registered mail or otherwise, at the expense of the petitioner, to every person named therein whose address is known, at least thirty days prior to the date of hearing. Said notice shall state, among other things, the number of the lost or destroyed certificate of title, if known, the name of the registered owner, the names of the occupants or persons in possession of the property, the owners of the adjoining properties and all other interested parties, the location, area and boundaries of the property, and the date on which all persons having any interest therein must appear and file their claim or objections to the petition. The petitioner shall, at the hearing, submit proof of the publication, posting and service of the notice as directed by the court. (Section 13, R.A. No. 26).

The petition shall be accompanied with the necessary sources for reconstitution and with an affidavit of the registered owner stating, among other things, that no deed or other instrument affecting the property had been presented for registration, or, if there be any, the nature thereof, the date of its presentation, as well as the names of the parties, and whatever the registration of such deed or instrument is still pending accomplishment. (Section 5, RA 26)

Attachments to the Petition may include Certified True Copy of title sought to be reconstituted, Affidavit of Loss, Certificate of No Claim issued by the Registry of Deeds concerned, Tax  Declaration covering the subject property and Tax Clearance. (See Sample Petition for the Issuance of Second Owner’s Duplicate Copy)

On the other hand, Administrative Reconstitution may be availed of only in case of substantial loss or destruction of land titles due to fire, flood or other force majeure as determined by the Administrator of the Land Registration Authority: Provided, That the number of certificates of titles lost or damaged should be at least ten percent (10%) of the total number in the possession of the Office of the Register of Deeds: Provided, further, That in no case shall the number of certificates of titles lost or damaged be less than five hundred (500).

"Notice of all hearings of the petition for judicial reconstitution shall be furnished the Register of Deeds of the place where the land is situated and to the Administrator of the Land Registration Authority. No order or judgment ordering the reconstitution of a certificate of title shall become final until the lapse of fifteen (15) days from receipt by the Register of Deeds and by the Administrator of the Land Registration Authority of a notice of such order or judgment without any appeal having been filed by any such officials." (Section 1, RA 6732)

When reconstitution is ordered, this document is replaced with a new one—the reconstituted title—that basically reproduces the original. After the reconstitution, the owner is issued a duplicate copy of the reconstituted title. This is specifically provided under Section 16 of Republic Act No. 26, An Act Providing a Special Procedure for the Reconstitution of Torrens Certificates of Title Lost or Destroyed, which states:

Sec. 16. After the reconstitution of a certificate of title under the provisions of this Act, the register of deeds shall issue the corresponding owner's duplicate and the additional copies of said certificates of title, if any had been previously issued, where such owner's duplicate and/or additional copies have been destroyed or lost. This fact shall be noted on the reconstituted certificate of title. (Emphasis Supplied)



References:
1.           Republic of the Philippines v. Tuastumban, G.R. No. 173210, April
24, 2009;

2.           Republic of the Philippines vs. De Dios G.R. No. 170459, February

9, 2011; and

3.       Republic Act No. 26, S.1946

4.       Republic Act 6732 S. 1989


Wednesday, March 16, 2016

Public Documents vs. Public Records vs. Official Records

Public Documents
Public Records
Official Documents/Information
Public documents are:
(a) The written official acts, or records of the official acts of the sovereign authority, official bodies and tribunals, and public officers, whether of the Philippines, or of a foreign country;
(b) Documents acknowledge before a notary public except last wills and testaments; and
(c) Public records, kept in the Philippines, of private documents required by law to be entered therein.
All other writings are private. (20a)
(Rule 132, Section 19, Rules of Court)
Public records are documents or pieces of information that are not considered confidential.
Official copy or original record having the legally recognized and enforceable quality of establishing a fact. Official records are kept for their full retention period.

Read more: http://www.businessdictionary.com/definition/official-record.html#ixzz1wVJkYFrU
Ex. Republic acts, ordinances, all notarized documents except Wills
Ex. Accomplishment reports, Government programs and certain policies
Ex. Government Permits


RELEVANT LAWS ON MOONLIGHTING BY PUBLIC OFFICER



A. Memorandum Circular No. 17 (4 September 1986)
xxxxx
The authority to grant permission to any official or employee shall be granted by the head of the ministry or agency in accordance with Section 12, Rule XVIII of the Revised Civil Service Rules, which provides:
"Sec. 12. No officer or employee shall engage directly in any private business, vocation, or profession or be connected with any commercial, credit, agricultural, or industrial undertaking  without a written permission from the head of Department; Provided, That his prohibition will be absolute in the case of those officers and employees whose duties and responsibilities require that their entire time be at the disposal of the Government: Provided, further, That if an employee is granted permission to engage in outside activities, the time so devoted outside of office hours should be fixed by the chief of the agency to the end that it will not impair in any way the efficiency of the officer or employee: And provided, finally, That no permission is necessary in the case of investments, made by an officer or employee, which do not involve any real or apparent conflict between his private interests and public duties, or in any way influence him in the discharge of his duties, and he shall not take part in the management of the enterprise or become an officer or member of the board of directors",

Subject to any additional conditions which the head of the office deems necessary in each particular case in the interest of the service, as expressed in the various issuances of the Civil Service Commission. (Emphasis Supplied

B.Republic Act 6713 (s. 1989)

xxxxx
Section 7. Prohibited Acts and Transactions. - In addition to acts and omissions of public officials and employees now prescribed in the Constitution and existing laws, the following shall constitute prohibited acts and transactions of any public official and employee and are hereby declared to be unlawful:
(a) xxxxx.
(b) Outside employment and other activities related thereto. - Public officials and employees during their incumbency shall not:
(1) xxxxx
(2) Engage in the private practice of their profession unless authorized by the Constitution or law, provided, that such practice will not conflict or tend to conflict with their official functions; or (Emphasis Supplied)
xxxxx

C.                                Rules Implementing the Code of Conduct and Ethical Standards for Public Officials and Employees  (RA 6713)

            Grounds for Administrative Disciplinary Action

Section 1. In addition to the grounds for administrative disciplinary action prescribed under existing laws, the acts and omissions of any official or employee, whether or not he holds office or employment in a casual, temporary, hold-over, permanent or regular capacity, declared unlawful or prohibited by the Code, shall constitute grounds for administrative disciplinary action, and without prejudice to criminal and civil liabilities provided herein, such as: 


            xxxx; 
           
(c)  Engaging in the private practice of his profession unless authorized by the Constitution, law or regulation, provided that such practice will not conflict or tend to conflict with his official functions; (Emphasis Supplied)


D.        Revised Rules on Administrative Cases (RRACs) in the Civil Service (December 2011)

a.4.1    Rule 10, Section 46 (B)(8)
Conduct Prejudicial to the Best Interest of the Service
Grave Offense
Penalty:
First Offense: Punishable of suspension of Six          Months and one
day to One year
Second Offense: Dismissal from the Service

a.4.2    Rule 10, Section 46 (F)(3), (15)
(3)        Violation of reasonable office rules and regulations;
(15)      Engaging in private practice of his/her profession unless authorized by the Constitution, law or regulation, provided that such practice will not conflict with his/her official functions.
Light Offense
Penalty:
First Offense:     Reprimand
Second Offense: Suspension of One (1) to 
Thirty (30) days
Third Offense:    Dismissal from the Service