Republic of the Philippines REGIONAL TRIAL COURT National Capital Judicial Region Branch ___, Manila IN RE: PETITION FOR ISSUANCE OF NEW OWNER’S DUPLICATE COPY OF TRANSFER CERTIFICATE OF TITLE NO. 196641 IN LIEU OF THE LOST ONE. RAMON NAVARRO,
DE
LRC Case No. _______
VERA
Petitioner. x------------------------------------------x
PETITION PETITIONER Ramon De Vera Navarro, through the undersigned counsel, to the Honorable Court most respectfully states that:
Parties 1. Petitioner is of legal age, married, Filipino and resident of 2714 Lamayan Street, Alley I, Sta. Ana, Manila where he may be served with processes of the Honorable Court; 2. Respondent Register of Deeds for the City of Manila is being impleaded as a necessary party holding office at Manila City Hall where he/she may be served with summons and other court notices;
Facts of the Case 3. Petitioner is the registered owner of a parcel of land located at Sta. Ana District, City of Manila registered in the Registry of Deeds for the City of Manila under Page 1 of 6
Transfer Certificate of Title (TCT) No. 196641, free of any encumbrance, particularly bounded and described as follows: “A PARCEL OF LAND (Lot 18-E of the subdivision plan B(LRC) Psd-166968, being a portion of Lot 18, Block 1406 Manila Cadastre, LRC Cad. Record No. 335), situated in the District of Sta. Ana, City of Manila, Island of Luzon. Bounded on the NW. points 1 to 2 by Lot 18-F of the subdivision plan; on the SE. points 2 to 3 by property of Alfonso Estanislao, et. al., and points 3 to 5 by Pasig River; on the SW. points 5 to 7 by Lot 18-B; and on the NW. points 7 to 1 by Lot 18-H (ALLEY), both of the subdivision plan. Beginning at a point marked “1” on plan, being S. 87 deg. 06’E., 399.83 m. from B.L.L.M. No. 46, Manila Cadastre; thence N. 73 deg. 46’E., 13.56 m. to point 2; thence S. 6 deg. 30’W., 5.35 m. to point 3; thence S. 54 deg. 17’W., 12.19 m. to point 4; thence S. 25 deg. 01’W., 3.27 m. to point 5; thence N. 73 deg. 07’N., 2.00 m. to point 6; thence N. 71 deg. 54’W., 1.77 m. to point 7; thence N. 16 deg. 56’W., 18.50 m. to the point of beginning; containing an area of TWO HUNDRED TEN SQUARE METERS (210.00), more or less.” Copy of TCT No. 196641 is attached as Annex “A”; 4. Sometime in 1990, Petitioner was incarcerated for an offense punishable by law. During his incarceration, his house where the subject parcel of land was abandoned by his family by reason of death threats. The owner’s duplicate copy of title of the subject parcel of land together with other personal belongings were inside the abandoned house; 5. Upon his release from incarceration, he returned to his house. He searched for the owner’s duplicate copy of title of the subject parcel of land so that he may mortgage it to obtain money to start a new life. However, despite his diligent search and effort to locate his Owner’s Duplicate Copy of Title, he could Page 2 of 6
not find it such that he genuinely believes that it is now lost beyond recovery; 6. Prior to the filing of this Petition, Petitioner has already caused the annotation of Notice of Loss at the back of the Registry of Deeds’ original copy of TCT No. 196641 as Entry No. 2790-196641. The said annotation is subannexed as Annex “A-1”, while a certified true copy of the Notice of Loss is attached as Annex “B”; 7. Petitioner has secured a Certificate of Intactness from the Registry of Deeds for the City of Manila attesting that the latter’s original copy of his title is existing and intact. Copy of the certificate is attached as Annex “C”;
Cause of Action 8. Petitioner anchors his cause of action in Section 109 of P.D. No 1529, otherwise known as the Property Registration Decree, to wit: “Section 109. Notice and replacement of lost duplicate certificate. In case of loss or theft of an owner's duplicate certificate of title, due notice under oath shall be sent by the owner or by someone in his behalf to the Register of Deeds of the province or city where the land lies as soon as the loss or theft is discovered. If a duplicate certificate is lost or destroyed, or cannot be produced by a person applying for the entry of a new certificate to him or for the registration of any instrument, a sworn statement of the fact of such loss or destruction may be filed by the registered owner or other person in interest and registered. Upon the petition of the registered owner or other person in interest, the court may, after notice and due hearing, direct the issuance of a new duplicate certificate, which shall contain a memorandum of the fact that it is issued in place of the lost duplicate certificate, but shall in all respects be entitled to like faith and credit as the Page 3 of 6
original duplicate, and shall thereafter be regarded as such for all purposes of this decree.” 9. Petitioner is the registered owner of the parcel of land covered by TCT No. 196641 as shown by records of the Registry of Deeds, Manila (Annex “A”). The existence and intactness of his certificate of title over his property has been attested by the said office (Annex “C”); 10. In compliance to paragraph 1 of Section 109, P.D. No 1529, Petitioner has already given due notice to the Registry of Deeds, Manila that his Owner’s Duplicate Copy of Title is lost (Annex “B”). Notice of Loss has been annotated at the back of the title (Annex “A-1”); 11. Under the Mirror Principle of the Torrens System, the certificate of title is a mirror which reflects accurately and completely the current facts that are material to the title; 12. In view of the foregoing facts and under the Mirror Principle, Petitioner has a cause of action to file the instant Petition.
PRAYER WHEREFORE, above premise considered, it is most respectfully prayed to the Honorable Court that a judgment be rendered in favor of the Petitioner ordering Respondent Register of Deeds for the City of Manila to issue a New Owner’s Duplicate Copy of Title in the name of Petitioner in lieu of the lost one. Other reliefs just and equitable under the circumstances are likewise prayed for. Respectfully submitted on 15 May 2017, Makati City for the City of Manila. By: ANDRES JOSE MAURICIO ALBA 9F LPL Towers, 112 Legazpi Street, Legazpi Village, Makati City
Page 4 of 6
Counsel for Plaintiff-Appellee Mobile: 09255515029 Email:
[email protected] Roll No. 64838 IBP No. 1066940; 01.18.2017 PTR No. MKT 5925982; 01.18.2017 MCLE Compliance No. V-0023769
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, RAMON DE VERA NAVARRO, of legal age, after having been duly sworn in accordance with law, depose and state that: 1. I am the Petitioner in the above-stated case; 2. I have caused the preparation and filing thereof before the Honorable Court; 3. I have read its contents thereof and the facts stated therein are true and correct of my personal knowledge and/or on the basis of copies of documents and records in my possession; 4. I have not commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency; 5. To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency; 6. If I should thereafter 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 undertake to report that fact within five (5) days therefrom to this Honorable Court. RAMON DE VERA NAVARRO Affiant Page 5 of 6
SUBSCRIBED AND SWORN to before me this ___ day of September 2017 at Makati City affiant exhibiting to me his ___________________________ as competent proof of his identity. Doc. No. ____; Page No. ____; Book No. ____; Series of 2017.
Page 6 of 6
NOTARY PUBLIC
