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

PETITION

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
asAnnex “E”.

PRAYER

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 _____.