Petition For Judicial Reconstitution

 

REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT  NATIONAL CAPITAL CAPITAL REGION BRANCH ___, BATAAN

PETITION FOR JUDICIAL RECON REC ONSTI STITUT TUTION ION AND ISSUA ISSUANCE NCE OF LOST LOST ORIGIN ORI GINAL AL OWNER OWNER’S ’S DUPLI DUPLICAT CATE E COPY COPY OF TRA TR ANSF NSFER CERTI ERTIF FIC ICA ATE OF TI TIT TLE NO.

 In

Re:

LRC Case No.______________ 

 _______________ ISSUED BY THE REGISTER OF  _______________ DEEDS OF _______________, _______________,  ____________________,  _____________ _______,  Petitioner.

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PETITION COME CO MES S NOW NOW, pet petit itiioner oner,,  ____________ throug ugh h coun counse sel, l, unto unto this this  ____________________  ________ , thro Honorable Court, respectfully states:

1.

Petitioner

is

of

legal

age,

married

and

a

resident

of  

 __________________________  _____________ ________________________, ___________, where he may be served with court processes, motions and decision.

2.

On ___ _____ ____ ____ ____ ____ ____ __,, peti petiti tion oner er acq acqui uired red fro from m ___ _____ ____ ____ ____ ____ ____ ____ __ b by y vi virt rtue ue

of a Deed of Absolute Sale a parcel of land covered by Transfer Certificate of Title No.  _____________ (Copies (Copies of the Deed of Absolute Sale and the corresponding cancelled TCT No.  __________

is

attached

as

Annexes

“ A”

and

“ A-1”,

respec respectiv tively ely..)

located

at

 ___________________,  _____________ ______, registered under under the name of (company).

3.

The prop proper erty ty cove covere red d by TCT TCT No No.. ____ _____ _____ ______ ____ ____ __ is mo more re par parti ticu cula larl rly y

described as follows 1: “A parcel of land (Lot 7, Blk 6, of the cons. subd. Plan Pcs-13-000451, being a  portion of the cons. of Lot 2, Psu-172533, Lot 2-A (LRC) Psd-232288, Lot 1, (LRC) Psd-72253, & Lot 1, (LRC) Psd=53634, (LRC) Rec. Nos. N-18807, N1

 A certified copy of the technical description of the parcel of land covered by the lost certificate of title as certified certifi ed by the Chief of the Techn Technical ical Services Section of the Departme Department nt of Environment Environment and Natural Resources (“DENR”) is attached herewith as Annex “G”.  

1

 

15675, and N-17159), situated in the Bo. Of Pam[plona, & culasi, Mun. of Las Pi Piña ñas, s, Metr Metro o Mani Manila la,, Is Isla land nd of Luzo Luzon. n. xxx xxx cont contai aini ning ng an area area of ONE ONE HUNDRED SIXTY FIVE (165) SQUARE METERS. xxx.”

3. 3.1 1

Th Thee lot lot is bou bound nded ed on on the the NORT NORTHE HEAS AST T by Lot Lot 8, Blk Blk.. 6 unde underr Ce Cert rtif ific icat atee of  Title No. T-16359 registered in the name of Cesar G. Lansangan and Mila F. Lansangan with address at No. 31 Orbiter St., Moonwalk Village, Talon Las Piñas;2

3. 3.2 2

Th Thee lot lot is boun bounde ded d on the the SOUTH SOUTHEA EAST ST by Lo Lott 9, Blk. Blk. 6 unde underr Certi Certifi fica cate te of  of  Title No. T-4370 registered in the name of Mike Pascual Opleda with address at  No. 95 Rizal St., Pamplona, Las Piñas;3

3. 3.3 3

Th Thee llot ot is bo boun unde ded d on on tthe he SO SOUT UTHW HWES EST T by by R Roa oad d Lot Lot 8; and and

3.4

Finall Finally, y, it it iiss bound bounded ed o on n the the NORT NORTHWE HWEST ST by by Lot 5, Blk Blk.. 6 unde underr Certi Certific ficate ate of  Title No. 104964 registered in the name of Bonifacio S. Bismonte with address at  No. 19 Lily St., Manuela Subdivision, Subdivision, Pamplona, Las Piñas. Piñas. 4

Payment of the transfer taxes was then made with the City Treasurer of _________ City (Copies ( Copies of Official Receipt No. ____________ and the corresponding Confirm Confirmation ation of Payment issued by the Office of the Treasurer is attached as Annexes “ C ” and “C-1”, respectively). Subsequently, the property was then registered under the name of petitioner and according to the files of the Registry Regis try of Deeds Deeds of ________ ____________ ________ ____ City (“RD”), (“RD”), a new title was issued issued under Transfer  Transfer  Certificate of Title No. ____________ _____________. _. 4.

Howe Howeve ver, r, peti petiti tion oner er unfo unfort rtun unat atel ely y lost lost the the owne owner’s r’s dup dupli lica cate te ce cert rtif ific icat atee of this this

5.

Fr From om the the ffor oreg egoi oing ng,, it is evid eviden entt tha thatt the the ori origi gina nall copy copy of TCT TCT N No. o. T-7 T-703 0380 80 o on n

title.

file with the RD and the unreleased unreleased owner’s duplicate duplicate copy of the same title cannot be located located and are deemed lost.

6.

No deed deed or oth other ins instr tru ument ment af affe fect ctin ing g the the prope roperrti ties es ha hass been een prese resen nted for  for 

registration. 2 3 

 

A copy of the Tax Declaration for Certificate of Title No. T-16359 is attached herewith as Annex “B”.  A copy of the Tax Declaration for Certificate of Title No. T-4370 is attached herewith as Annex “B-1”.

4

 

 A copy of the Tax Declaration for Certificate of Title No. 104964 is attached herewith as Annex “B-2”.

2

 

7.

TCT TCT No. No. T-7 T-703 0380 80 is is not not subj subjec ectt of lit litig igat atio ion n or inv inves esti tiga gati tion on,, ad admi mini nist stra rati tive ve o or  r 

 judicial, regarding its its genuineness or due execution execution or issuance. issuance.

8.

TCT TCT No. No. T-70 T-7038 380 0 was was in fu full ll fo forc rcee aand nd effe effect ct at the the ttim imee iitt w was as lost lost..

9.

TCT No. No. T-7 -703 0380 80 doe doess not not bear bear any any ann annotat otatio ion n of en encu cumb mbra ranc ncee or li lien enss or 

adverse claims.

10 10..

No co-o co-own wner er’s ’s,, mortg mortgag agor or’s ’s or less lessee ee’s ’s dupl duplic icat atee of TCT No. No. T-70 T-7038 380 0 has be been en

11 11..

Th Ther eree are are no real real pro prope pert rty y taxe taxess due due on tthe he p pro rope pert rty y as ssho hown wn b by y the the Of Offi fici cial al

issued.

Receipts from 2007 to 2011 issued by the City Treasurer’s Office of Las Piñas City. (A copy of  the Official Receipts for 2007, 2008, 2009, 2010, 2011 and 2012 for TCT No. T-70380 is attached as Annexes ”G”, “G-1”, “G-2”, “G-3”, “G-4” and “G-5”.  ))

12 12..

Th Ther eree are no lien liens, s, encu encumb mbra ranc nces es,, debts debts or clai claims ms,, deeds deeds or ot othe herr instr instrum umen ents ts

affecting the property by any person or entity which have been filed or is pending registration with the RD affecting said parcel of land as of this date.

13.

In furt further her suppor supportt of this this petit petition ion,, the the follo followin wing g ar aree al also so atta attache ched d herew herewith ith::

13.1 13.1 Th Thee tech techni nica call de desc scri ript ptio ion n of the parce parcell of land land cove covere red d by the lo lost st certificate of title as certified by the Chief of the Technical Services Section of  the Department Department of Environme Environment nt and Natural Resources Resources (“DENR”) (“DENR”) (A copy of  certified technical description is attached as Annex ”H”.  ); ); and 13. 2 The se sepi piaa film of the the subjec subjectt proper property ty certif certified ied by the the Chief Chief of Survey Surveyss Division of the DENR as an exact reproduction of the film on file at the Land Survey Records Section (A copy of the sepia film is attached as Annex ”H-1”.  ). ).

RELIEF

3

 

WHEREFORE, premises considered, it is respectfully prayed that this Honorable Court:

1)

order that the original owner’s duplicate copy of Transfer Certificate of  Title No. T-70380 lost in the possession of the Registry of Deeds of Las Piñas City be reconstituted on the basis of its Primary Entry Book and Issuance Book  and the Deed of Absolute Sale between Insular Life and petitioner; and

2)

direct the Register of Deeds of Las Piñas City to issue an Owner’s Duplicate Certificate of Transfer Certificate of Title No. T-70380 upon payment of the prescribed legal fees.

Other relief, just and equitable under the premises, are likewise prayed for. Muntinlupa City for Las Piñas City, 19 September 2012.

 

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