Republic of the Philippines

REGIONAL TRIAL COURT

Branch 40 Calapan City

IN RE: Petition for the Issuance of a

New Owner’s Duplicate Copy of
Transfer Certificate of Title No. 064-
2015001174in the Registry of Deeds
for Calapan City, Oriental Mindoro
LRC Case No.01435

MERLYN U. GUTIERREZ,
Petitioner
x- - - - - - - - - - - - - - - - - - - - - - - - - - x

PETITION

PETITIONER,by and through counsel, unto this Honorable Court respectfully

aver that:

1. That petitioner MERLYN U. GUTIERREZ, of legal age, Filipino citizen, and

resident of Sitio Acacia, Bulusan, Calapan City, Oriental Mindoro;

2.The Register of Deeds for Calapan City holds office at Sta. Isabel, Calapan
City, Oriental Mindoro, where legal processes may be served.

3.The Land Registration Authority has its office at 3rd Floor East Avenue Corner
NIA Road, Diliman, Quezon City where legal processes may be served.

4.Petitioner is the duly registered owner of one (1) parcel of land situated in Sitio
Acacia, Bulusan, Calapan City covered byTransfer Certificate of Title No. 064-
2015001174duly issued by the Registry of Deeds for Calapan City;

5. On June 1, 2016, petitioner bought the subject property from its previous
owner, JOHN Y. DEPP.

6.The lot number, location, boundaries and area of the Subject Property are as
follows: TRANSFER CERTIFICATE OF TITLE NO. 064-2015001174
A PARCEL OF LAND (Lot 6 Blk 12 of consolidation subdivision plan (LRC) Pcs-15678,
being a portion of the consolidation of Lots 4955-A and 4955-B (LRC) Psd-60533,Lot 6,
Psd-600603, Lot 5, Psd-160880, LRC Rec. Nos. N- 27924, 15678, 89632, N-17782, N-
16466, and 21071 situated in Sitio Acacia, Bulusan, Calapan City,Province of Oriental
Mindoro, South of Luzon. Bounded on NE., point 4 to 1 by Road Lot 6, on...to the point
of beginning; containing an area of (5000) square meters more or less..."

7.That being the registered owner of the subject property, the owner’s duplicate
copy of said title was in the possession and custody of the petitioner. After obtaining the
original owner’s duplicate copy of Transfer Certificate of Title No.064-2015001174 from
the Registry of Deeds in 2016, petitioner MERLYN U. GUTIERREZ keep it.
 8.That on May 8, 2020, petitioner MERLYN U. GUTIERREZ discover that the
original owner’s duplicate copy of Transfer Certificate of Title No. 064- 2015001174 was
nowhere to be found.

9.That petitioner has formally given notice to the Registry of Deeds of Calapan
City of the fact of such loss by filing therewith an Affidavit of Loss dated May 15, 2020
as evidenced by its receiving stamp appearing thereon.

10.That the original owner’s duplicate copy of Transfer Certificate of Title No.
064-2015001174 is now irretrievably lost beyond recovery for all intents and purposes.

11. That notwithstanding all diligent and earnest efforts to find the missing
original owner’s duplicate copy of Transfer Certificate of Title No.064- 2015001174, the
said TCT cannot be found anymore.

12.The Subject Property is free from any claims, liens, and encumbrance of
whatever nature or kind and is not the subject of any litigation or investigation,
administrative or judicial;

13.The real property taxes due on the Subject Property have been regularly paid.

14. A foregoing considered, all the requirements of Section 109 of P.D. No. 1529,
otherwise known as the “Property Registration Decree of the Philippines” are duly
complied with by the Petitioner.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this

Honorable Court that, after due notice and hearing, an Order be immediately issued
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 as Annex “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 _____.

OTHER PERSONS IN INTEREST

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(chanrobles.com)