2006 New York Code - Loss Of Duplicate

Certificate.

§ 414. Loss of duplicate certificate. If any duplicate certificate of

title is lost or destroyed, the owner of the property or the current
grantee with proper certified deeds may file with the registrar a
verified petition. Such petition shall conform to the form annexed
hereto, which may be made available by the registrar. Upon filing of
such petition, the registrar shall issue a new duplicate certificate,
which shall contain a memorandum of the fact that it is issued in place
and stead of the lost or destroyed certificate, and which shall be
entitled to like faith and credit as the original duplicate certificate.
Any previously issued owner's duplicate certificate of title becomes
void and invalid.

FORM

Article 12 Section 414 R.P.L.

Petition may only be submitted by the owner, or the current grantee with
proper certified deeds submitted simultaneously.

ANY FALSE STATEMENT MADE HEREUNDER IS A VIOLATION OF STATE LAW AND MAY
SUBJECT THE PERSON TO CIVIL AND CRIMINAL PENALTIES.

-- * * * * * * --

PETITION TO REPLACE LOST OR DESTROYED OWNER'S DUPLICATE

CERTIFICATE OF TITLE

STATE OF NEW YORK}

COUNTY OF } ss.:

__________ owner's name(s) _____________________________________ being

duly sworn, deposes and says that he-she-they is/are the
Petitioner(s) and reside at
____________________________________________________________ and is/are
of legal age; that he-she-they is/are the owner(s) of the following
described property
((property description))

under Certificate of Title Number __________________ under the Land

Title Registration Law.
A thorough and complete search has been made for the Owner's Duplicate
Certificate of Title number _______________. Said Owner's Duplicate
Certificate of Title can not be located. This petition is being made to
direct the Registrar of __________________ County, to issue in place and
stead, a new Owner's Duplicate Certificate of Title number __________ in
the name(s) of ______________________________________________ with all
memorials placed thereon.
Upon the filing of this affidavit, I/we realize any previously issued
Owner's Duplicate Certificate of Title becomes void and invalid.

_____________________________ LS
Petitioner
VERIFICATION
 STATE OF NEW YORK}
COUNTY OF } ss.:

I/we _________________ name(s) _______________ being sworn, say(s): I/we

am/are the Petitioner(s) in the within action: I/we have read the
foregoing Petition and know the contents thereof: the same is true to my
own knowledge, except as to the matters herein stated to be alleged on
information and belief, and as to those matters I/we believe to be true,
and have furnished the following proof of identification:
_____________________________.
__________________________ LS
petitioner)
Sworn to before me this _________
day of _______________ 19 ____.
__________________________
Notary Public

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FIRST JUDICIAL REGION

Branch 40, Dagupan City

-0O0-

IN RE: PETITION FOR ISSUANCE OF DUPLICATE OWNER’S COPY OF

TRANSFER CERTIFICATE OF TITLE NO. 267198 IN LIEU OF THE LOST ONE

-––––-

JOHANNA MARIE P. GUBATAN in her behalf and in behalf of her minor brother, John Paul
P. Gubatan,/Petitioner,

x–––––––x

CAD. CASE NO.

2012-0060-D

x––––––––––––––x
 ORDER

This is a verified petition filed by the petitioner, through her counsel, praying from this
Honorable Court to declare as null and void the duplicate owner’s copy of TCT No. 267198,
which had been lost and now considered beyond recovery and to order and direct the Register of
Deeds, Lingayen, Pangasinan to issue in lieu of the lost one, a new duplicate owner’s copy
thereof.

Let the petition be set for hearing on October 19, 2012 at 8:30 o’clock in the morning on
which date, time and place, the petitioner shall appear and prove his petition, and that all persons
having any opposition thereto may appear and show cause, if any, why the petition should not be
granted.

Let this order be published at the expense of the petitioner once in a newspaper of general
circulation in the province of Pangasinan, including the cities of Dagupan, San Carlos, Alaminos
and Urdaneta, and be posted by the petitioner in the bulletin boards of the Registry of Deeds,
Lingayen, Pangasinan, Sangguniang Bayan, Mangaldan, Pangasinan, Sangguniang
Panlalawigan, Lingayen, Pangasinan and at the barangay hall where the property is situated.

Notify the petitioner and her counsel. Send copies of this order to the Barangay Captain of
Maasin, Mangaldan, Pangasinan, Sangguniang Bayan, Mangaldan, Pangasinan and Sangguniang
Panlalawigan, Lingayen, Pangasinan.

SO ORDERED.

Dagupan City, Philippines, September 7, 2012.

(SGD.) EMMA M. TORIO

Acting Presiding Judge

Certified True/Xerox Copy

(SGD.) ATTY. PHILIP

M. CRUZ

Clerk of Court V

September 23, 2012

- See more at: http://punch.dagupan.com/articles/judicial-notices/2012/09/petition-for-issuance-

of-duplicate-owners-copy-of-transfer-certificate-of-title/#sthash.t6FKlbp4.dpuf
 Republic of the Philippines
National Capital Judicial Region
REGIONAL TRIAL COURT
Branch _____
Makati City

IN THE MATTER OF RECONSTITUTION

OF ORIGINAL COPY OF TRANSFER
CERTIFICATE OF TITLE NO. T-123456

Spec.
Proc. No. ____

ALA TITULO,
Petitioner.
x---------------------------x

PETITION FOR RECONSTITUTION

OF TRANSFER CERTIFICATE OF TITLE

COMES NOW, petitioner ALA TITULO through counsel, unto this

Honorable Court, respectfully alleges:

1. That petitioner is of legal age, married, Filipino citizen and residing at 222
Teresa Street, Valenzuela, Makati City; that respondent REGIE STER is the
Register of Deeds of Makati City where he may be served with summons and
other court processes;

2. That petitioner is the registered owner of a parcel of land located at 4522

Acacia Street, Pembo, Makati City and covered by Transfer Certificate of Title
No. T-123456, Register of Deeds of Makati City, free of any encumbrances;

3. That on April 5, 2013 the office of the register of Deeds of Makati City was
burned and all the Torrens Titles in said office including T.C.T. No. T-123456
were burned;

4. That said transfer certificate of title was never mortgaged or sold to anyone.

WHEREFORE, it is respectfully prayed that the Register of Deeds of

Makati City issue a reconstituted original certificate of title based on the
owner’s duplicate certificate of title hereto attached in the name of herein
petitioner.

Other just and equitable reliefs are likewise prayed for.

Respectfully submitted.

15 August 2013
City of Makati.

ATTY. V
X YZ
Counsel
for the Petitioner

(VERIFICATION)
 Republic of the Philippines
REGIONAL TRIAL COURT
11th Judicial Region
Branch ___
Tagum City, Davao del Norte

IN RE: PETITION FOR ISSUANCE LRC. CASE # ___________

OF NEW CERTIFICATE OF TITLE
IN LIEU OF THE LOST ONE FOR: Reconstitution of
Lost Title
SPS. MELANIO TREBAJO, JR. and
ADELUISA A. TREBAJO
Duly represented by MEDARDO Q.
TREBAJO
As Attorney-in-Fact
Petitioners,

-versus-

REGISTRY OF DEEDS FOR THE

PROVINCE OF DAVAO
Defendant.
x--------------------------------------x

PETITION FOR RECONSTITUTION

OF LOST TITLE
PETITIONERS, assisted by the undersigned counsel, most respectfully states:

1. That petitioners are both of legal age, Filipinos, married to each other and
duly represented in this petition by MEDARDO Q. TREBAJO, as their
Attorney-in-Fact, per Special Power of Attorney notarized before Notary
Public ANTONIO M. BRAGANZA of California, Photocopy of the same is hereto
attached and marked as Annex “A”;

2. That the petitioners are the owners of parcel of land covered by Transfer of
Certificate Title No. T-41510, consisting an area of ONE HUNDRED
EIGHTY (180) SQUARE METERS, more or less, situated at Visayan Village,
Tagum City, Davao del Norte, of Registry of Deeds for the Province of Davao
del Norte. Certified True Copy of Transfer Certificate of Title is hereto
attached and marked as Annex “B”;

3. That, unfortunately, while the Owner’s Duplicate Copy of Transfer Certificate

of Title No. T-41510 in the name of Petitioners was in their possession and
 custody, thru inadvertence it was lost and despite earnest efforts exerted to
locate the same, but, of no avail. Photostat copy of the Affidavit of Loss duly
authenticated by the Deeds for the Province of Davao del Norte is hereto
attached as Annex “C”;

4. That said Transfer of Certificate of Title has never been pledged or otherwise
delivered to any person or entity to guarantee any obligation or for any other
purpose and that said title is intact with the Office of the Registry of Deeds
for the Province of Davao del Norte, copy of the certification is hereto
attached and marked as Annex “D”;

5. That the taxes of the subject parcel of land have been duly paid, copy of the
Tax Clearance is hereto attached as Annex “E”;

6. That subject land is not subject to any pending case. Copy of the Certification
of No Pending Case is hereto attached as Annex “F”;

7. That this petition is filed in good faith and not to circumvent any law.

PRAYER

WHEREFORE, petitioners respectfully pray of this Honorable Court to

declare null and void the owner’s duplicate of Transfer Certificate of Title No. T-
41510, which has been lost and to order and direct the Registry of Deeds of the
Province of Davao del Norte after payment of the fees prescribed by law, to issue in
lieu thereof a new owner’s duplicate Transfer Certificate of Title No. T-41510 which
shall be, in all respect, entitled to like faith and credit as the original duplicate in
accordance with section 109 of Act. 496, as amended by Presidential Decree No.
1529 otherwise known as Property Registration Decree.

PETITIONERS, pray for such other relief/s just and or equitable under the
premises.

Tagum City, Philippines, ___________________.

SPS. MELANIO TREBAJO, JR. and ADELUISA A. TREBAJO

Duly represented by: MEDARDO Q. TREBAJO
As Attorney-in-Fact

Assisted by:

ATTY. PLACIDO R. ALCOMENDRAS, III

Counsel for the Petitioners
Door 6, Sevillano Bldg., Km. 56, National Highway,
Tagum City, Davao del Norte
MCLE Comp. No. III-0002791/3-24-2009
PTR No. 4827702/1-4-2013
IBP No. 851444/11-26-2012
TIN: 194-391-529
Roll No. 42826
Republic of the Philippines )
Tagum City )
x-------------------------------x

VERIFICATION AND CERTIFICATION OF

NON-FORUM SHOPPING

I, MEDARDO Q. TREBAJO, of legal age, married, Filipino and a resident

of 4236 Luzvimin Mel Village, Magugpo West, Tagum City, Davao del Norte,
after having been sworn to in accordance with law do hereby depose and
state:

1. That I am the Attorney-In-Fact of the abovementioned case, per

Special Power of Attorney notarized before ANTONIO M.
BRAGANZA, Notary Public for and in California;

2. That all the contents and allegations thereat are true and correct to
my own knowledge and belief an the documents therewith attached
are based on authentic records;

3. That I have not commenced in any other proceedings or actions

involving the same issues in this case in the Supreme Court, the
Court of Appeals or any other tribunal or agency;

4. That to the best of my knowledge, no such action or proceeding is

pending in the Supreme Court, the Court of Appeals or any other
tribunal or agency;

5. That if I should learn that a similar action or proceeding has been

filed or is pending in the Supreme Court, the Court of Appeals or
any other tribunal or agency, I undertake to report the same within
Five (5) days from knowledge hereof to this Honorable Court.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

_______ day of _______________ at Tagum City, Davao del Norte.

MEDARDO Q. TREBAJO
Affiant
 SUBSCRIBED AND SWORN TO BEFORE ME. Affiant exhibiting to me
her ____________________________________________.