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 _____.