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Sample (Petition Reissuance)

1. A petitioner, represented by his attorney-in-fact, filed a petition in court to request the issuance of another owner's duplicate copy of an original certificate of title, as the original was lost. 2. The original certificate of title was in the petitioner's late father's name, and the petitioner is the sole surviving legal heir. The father had given the owner's duplicate copy to the petitioner. 3. The owner's duplicate copy was in a bag belonging to the petitioner's attorney-in-fact, but the bag was inadvertently thrown out and the documents inside were destroyed by heavy rain from a typhoon in 2018. 4. Despite efforts to find the lost owner's duplicate

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1K views

Sample (Petition Reissuance)

1. A petitioner, represented by his attorney-in-fact, filed a petition in court to request the issuance of another owner's duplicate copy of an original certificate of title, as the original was lost. 2. The original certificate of title was in the petitioner's late father's name, and the petitioner is the sole surviving legal heir. The father had given the owner's duplicate copy to the petitioner. 3. The owner's duplicate copy was in a bag belonging to the petitioner's attorney-in-fact, but the bag was inadvertently thrown out and the documents inside were destroyed by heavy rain from a typhoon in 2018. 4. Despite efforts to find the lost owner's duplicate

Uploaded by

AileenJane Mallonga
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

REGIONAL TRIAL COURT


Second Judicial Region
Branch ___
Tuguegarao City, Cagayan

IN RE: PETITION FOR THE


ISSUANCE OF ANOTHER
OWNER’S DUPLICATE COPY OF
ORIGINAL CERTIFICATE OF
TITLE NO. ____________.

LRC CAD NO.


__________

_____________, represented
by his attorney-in-fact
_____________,
Petitioner,
x-------------------------------------------x

PETITION

PETITIONER REPRESENTED BY HIS ATTORNEY-IN-FACT, through


the undersigned counsel, unto this Honorable Court, most
respectfully states the following:

1. Petitioner _____________ is of legal age, Filipino citizen,


married, a resident of _________________, and by virtue of a
duly notarized Special Power of Attorney under the Notarial
Register of Notary Public Atty. _____________ Doc. No. _____;
Page No. ___; Book No. ______, Series of 2020 1, is duly
represented by his Attorney-in-fact ______________ who is of
legal age, married, Filipino citizen and a resident of
____________, where she may be served with notices, orders
and other court processes of this Honorable Court.

2. The subject parcel of land is particularly described as Lot No.


_____________, situated in ________________, containing an
area of _________________ and covered by Original
Certificate of Title No. __________2. The lot is purely a
barren lot without any adjacent occupants.
1
Attached hereto is a copy of the Special Power of Attorney and marked as Annex “A”
2
Attached hereto is an Electronic copy of the Original Certificate of Title
No___________ (S) and marked as Annex “B”
1
3. The registered owner of the subject lot is the petitioner’s late
father3 _________________. Petitioner is the sole surviving
legal heir of the registered owner and the latter’s wife
_____________.4

4. During the lifetime of the petitioner’s father, the latter gave and
endorsed the Owner’s Duplicate Copy of Original Certificate of
Title No. _______________ to herein petitioner being the only
child. Thereafter, petitioner and his wife duly constituted their
daughter-in-law, herein attorney-in-fact, as the family custodian
of all their pertinent documents including but not limited to the
subject owner’s duplicate of title and the scholastic records of
their children.

5. The Owner’s Duplicate remained intact and safe for quite a long
time not until when the bag where the same owner’s duplicate
of title and other pertinent documents were kept for
safekeeping was inadvertently thrown by the herein petitioner’s
attorney-in-fact.

6. To the recount of petitioner’s attorney-in-fact, the bag was then


soaked under the heavy rain water when the province was
stricken by a strong typhoon sometime in 2018. Due to the
foregoing circumstances, the same Owner’s Duplicate Copy of
Original Certificate of Title No. _________________, including
the other pertinent documents under the custody of herein
attorney-in-fact, was lost and destroyed.

7. Despite diligent search and efforts for the Owner’s Duplicate


Copy of Original Certificate of Title No. _______________ to be
located and restored, the same could no longer be found,
hence lost beyond recovery.

8. As such, herein petitioner’s attorney-in-fact had executed an


Affidavit of Loss5 to attest that the said title was indeed lost and
to further attest to the circumstances surrounding the loss of
the subject Owner’s Duplicate Copy. The same Affidavit of Loss
has been caused by the petitioner’s attorney-in-fact to be

3
Attached hereto are Certificate of Live Birth of herein petitioner and marked as
Annex “C.” The box pertaining to the father’s name is further marked as Annex “C-1”
4
Attached are the copies of Civil Registry Form No. 2A (Death Available) to prove the
fact of death of late __________________, respectively, and to be marked as Annex “D”
to Annex “E”, respectively.
5
Attached hereto is a copy of the Affidavit of Loss and marked as Annex “F”
2
annotated6 at the dorsal/back portion of the Original Title of
Original Certificate of Title No. _________________ at
the Registry of Deed of _____________________.

9. The lost Owner’s Duplicate Copy of Original Certificate of


Title No. _____________ has never been pledged or
otherwise delivered to any person or entity to guaranty
payment of any obligation nor for any other purpose.

10. To this effect, the petitioner thru his attorney-in-fact and


by the undersigned counsel, prays unto this Honorable Court to
order the grant the instant petition.

PRAYER

WHEREFORE, premises considered, it is most respectfully


prayed of this Honorable Court to give due course to this petition by
declaring the loss Owner’s Duplicate Copy of Original
Certificate of Title No. ______________ as null and void, and
to issue another copy of the same.

Other reliefs, which may be just and equitable, are likewise


prayed for.

6
The annotation of Affidavit of Loss in the Memorandum of Encumbrance of OCT No.
______________) is further marked as Annex “B-1”

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