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Republic of the Philippines

REGIONAL TRIAL COURT


National Capital Judicial Region
Branch 96, Quezon City

PETITION FOR JUDICIAL


RECONSTITUTION OF THE
ORIGINAL AND OWNERS
DUPLICATE COPY OF TCT NO.
206531
LRC Case No. Q-33089 (12)

CONSORCIA M. DAGDAGAN,
Petitioner.
x-------------------------------------x

MOTION TO REOPEN

Petitioner CONSORCIA M. DAGDAGAN represented by


Margarita Dagdagan-Dawal, through counsel and to this
Honorable Court, respectfully states:

1. In the Order dated 20 March 2014, this Honorable Court


ordered the petitioner to submit additional evidence ex-parte to
the Branch Clerk of Court and/or the Legal Researcher.

2. However, the petitioner failed to present her additional


evidence specifically the Report from the Land Registration
Authority as required by Section 12 of Republic Act No. 26 for the
reason that there is difficulty in obtaining the said document during
that time. Therefore, on 15 December 2014, the Honorable Court
issued an Order sending this case to the archives.

3. On 3 August 2016, the Land Registration Authority


issued a Report declaring the plan and technical description of Lot
9, Block 33 of the subdivision plan (LRC) Psd-110368 were verified
correct.

4. Henceforth, petitioner in the interest of substantial


justice, is respectfully moving that this case be reopened and the
Honorable Court allow her to present additional evidence ex-parte.
Motion to Reopen
In re: Judicial Reconstitution
Consorcia M. Dagdagan
LRC Case No. Q-33089
Page 2 of 3
x --------------------------------------------- x
5. The petitioner is imploring the kind indulgence of this
Honorable Court to relax the implementation of its technical rules
of procedure in the interest of substantial justice in consonance
with the pronouncement of the Supreme Court in the case of
Bigornia vs. Court of Appeals1, to wit:

The circulars of this Court prescribing technical and


other procedural requirements are meant to
promptly dispose of unmeritorious petitions that clog
the docket and waste the time of the courts. These
technical and procedural rules, however, are
intended to ensure, not suppress, substantial
justice. A deviation from their rigid enforcement may
thus be allowed to attain their prime objective for,
after all, the dispensation of justice is the core
reason for the existence of courts.2

PRAYER

WHEREFORE, in the interest of substantial justice, it is


prayed herein that this Motion to Reopen be granted and the
petitioner be allowed to present her additional evidence ex-parte.

Just and equitable reliefs under the premises are also prayed
for.

Quezon City, 4 November 2016.

MARK ERWIN W. DELOS REYES


Counsel for the Petitioner
No. 45 Loans St. SSS Housing
North Fairview, Quezon City, 1121
Roll No. 64501
IBP No. 1023356 / 01-08-16 / Q.C.
PTR No. 2082436 / 01-11-16 / Q.C.
MCLE COMPLIANCE: V-0022993
(July 14, 2016)
Email : markerwins@gmail.com

1
GR No. 173017, March 17, 2009
2
Citing the case of Acme Shoe, Rubber & Plastic Corp. v. Court of Appeals,
G.R. No. 103576, August 22, 1996, 260 SCRA 714, 719.
Motion to Reopen
In re: Judicial Reconstitution
Consorcia M. Dagdagan
LRC Case No. Q-33089
Page 3 of 3
x --------------------------------------------- x
Copy furnished:

SOLICITOR GENERAL Reg. Rec. No. ___________ w/ r.c.


134 Amorsolo St., Legaspi Village Frisco (Main) P.O., Q.C.
Makati City ___ October 2016

TRIAL PROSECUTOR
RTC Br. 96, Quezon City
Office of the City Prosecutor
Quezon City

EXPLANATION
(Pursuant to Sec. 11, Rule 13 of 1997 Rules of Court)

Service of this pleading upon the adverse party and other


counsel is by registered mail instead of personal service because
the offices of the undersigned counsel and adverse party or his
counsel and other parties are distantly located, and because of
momentarily lack of personnel to make personal service thereof.

NOTICE OF HEARING

THE CLERK OF COURT


Branch 96
Regional Trial Court
Quezon City

SOLICITOR GENERAL
134 Amorsolo St., Legaspi Village
Makati City

TRIAL PROSECUTOR
RTC Br. 96, Quezon City
Office of the City Prosecutor
Quezon City

Please submit the foregoing Motion to Reopen for approval


and consideration of the Honorable Court on 11 November 2016
at 8:30 in the morning.

MARK ERWIN W. DELOS REYES