Republic of the Philippines

REGIONAL TRIAL COURT

7th Judicial Region
Branch 09
Cebu City

IN RE: PETITION FOR

ISSUANCE OF NEW
OWNERS DUPLICATE
COPY OF CERTIFICATE OF
TITLE IN LIEU OF THE
LOST ONE

CASE NO: R-CEB-17-

02192-LR

LUDY VILLAMOR LAVIA,

Petitioner,
X ----------------------------------------/

MOTION FOR RECONSIDERATION

COME NOW PETITIONER, through the undersigned

counsel and unto this Honorable Court, respectfully submits
this Motion for Reconsideration and avers THAT:

GROUNDS FOR THIS MOTION FOR RECONSIDERATION

Counsel admits his inadvertence in failing to sign the
Verification of Non-Forum Shopping. Counsel absolutely and
unequivocally did not intend to cause any delay in the
Petition for Issuance of New Owners Duplicate Copy of
Certificate of Title In Lieu Of the Lost One for the petitioner
Judy Villamor Lavia. This is the first time, in the _______
years of counsels law practice that counsel has been amiss
in failing to sign a pleading, which in this case is petitioners
Verification of Non-Forum Shopping. Counsel is deeply
remorseful for such misstep and undertakes to never commit
the same mistake again.

ARGUMENTS and DISCUSSIONS

The 1997 Rules of Court, even prior to its amendment
by A.M. No. 00-2-10, clearly provides that a pleading lacking
proper verification is to be treated as an unsigned pleading

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which produces no legal effect. However, it also just as
clearly states that [e]xcept when otherwise specifically
required by law or rule, pleadings need not be under oath,
verified or accompanied by affidavit. No such law or rule
specifically requires that respondents complaint for damages
should have been verified.

Although parties would often submit a joint verification

and certificate against forum shopping, the two are different.

In Pajuyo v. Court of Appeals,[21] we already pointed out

that:

A partys failure to sign the certification

against forum shopping is different from the partys
failure to sign personally the verification. The
certificate of non-forum shopping must be signed
by the party, and not by counsel. The certification
of counsel renders the petition defective.

On the other hand, the requirement on

verification of a pleading is a formal and not a
jurisdictional requisite. It is intended simply to
secure an assurance that what are alleged in the
pleading are true and correct and not the product
of the imagination or a matter of speculation, and
that the pleading is filed in good faith. The party
need not sign the verification. A partys
representative, lawyer or any person who
personally knows the truth of the facts alleged in
the pleading may sign the verification

PRAYER

IN THE LIGHT OF THE FOREGOING, it is most

respectfully prayed of this Honorable Court that in the
interest of justice and equity to:

1. RECONSIDER its decision in dismissing the Petition for

Issuance of New Owners Duplicate Copy of Certificate
of Title In Lieu Of the Lost One.

Other relief and remedies that are just and equitable

under the law and equity are likewise prayed for.

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Cebu City for Talisay City, Philippines, ____________, 2017.

Ordiniza & Cusap Law Offices

Counsel for Petitioner
Suite 208, A. Geson Bldg.,
D.Jakosalem St. corner Ramos St.,
Brgy. Zapatera,
6000 Cebu City

by:

Ely Melchor P. Cusap

PTR No. 7681416/Jan. 4, 2017/Cebu
IBP No. 1062964/Jan. 3, 2017/Cebu
MCLE Compliance No. V-0006420
Roll No. 48795

NOTICE OF HEARING