Petition for Judicial Reconstitution

REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT NATIONAL CAPITAL REGION BRANCH 255, LAS PIÑAS CITY In Re: PETITION FOR JUDICIAL RECONSTITUTION AND ISSUANCE OF LOST ORIGINAL OWNER’S DUPLICATE COPY OF TRANSFER CERTIFICATE OF TITLE NO. T-70380 ISSUED BY THE REGISTER OF DEEDS OF LAS PIÑAS CITY,

LRC Case No.LP-12-0099

LEONILO N. ANTONIO, Petitioner. x------------------------------------------------------x

PETITION COMES NOW, petitioner, LEONILO N. ANTONIO, through counsel, unto this Honorable Court, respectfully states:

1.

Petitioner is of legal age, married and a resident of Block 6, Lot

7, Makiling St., Bermuda Country Subdivision, Pamplona, Las Piñas City, where he may be served with court processes, motions and decision.

2.

On 02 September 1998, petitioner acquired from The Insular Life

Assurance Company, Ltd. (“Insular Life”) by virtue of a Deed of Absolute Sale a parcel of land covered by Transfer Certificate of Title No. T-34193 (Copies of the Deed of Absolute Sale and the corresponding cancelled TCT No. T-34193 is attached as Annexes “A” and “A-1”, respectively.) located at Bermuda Country Subdivision, Pamplona, Las Piñas City, registered under the name of Insular Life.

3.

The property covered by TCT No. T-70380 is more particularly

described as follows1: 1

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

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“A parcel of land (Lot 7, Blk 6, of the cons. subd. Plan Pcs-13000451, being a portion of the cons. of Lot 2, Psu-172533, Lot 2A (LRC) Psd-232288, Lot 1, (LRC) Psd-72253, & Lot 1, (LRC) Psd=53634, (LRC) Rec. Nos. N-18807, N-15675, and N-17159), situated in the Bo. Of Pam[plona, & culasi, Mun. of Las Piñas, Metro Manila, Island of Luzon. xxx containing an area of ONE HUNDRED SIXTY FIVE (165) SQUARE METERS. xxx.”

3.1

The lot is bounded on the NORTHEAST by Lot 8, Blk. 6 under Certificate 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

3.2

The lot is bounded on the SOUTHEAST by Lot 9, Blk. 6 under Certificate 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

The lot is bounded on the SOUTHWEST by Road Lot 8; and

3.4

Finally, it is bounded on the NORTHWEST by Lot 5, Blk. 6 under Certificate of Title No. 104964 registered in the name of Bonifacio S. Bismonte with address at No. 19 Lily St., Manuela Subdivision, Pamplona, Las Piñas. 4

Payment of the transfer taxes was then made with the City Treasurer of Las Piñas City (Copies of Official Receipt No. 8023851-J and the corresponding Confirmation 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 of Deeds of Las Piñas City (“RD”), a new title was issued under Transfer Certificate of Title No. T-70380.

2

A copy of the Tax Declaration for Certificate of Title No. T-16359 is attached herewith as Annex

“B”. 3

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”.

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4.

However, petitioner never received the owner’s duplicate

certificate of this title. In fact, the RD does not even have any record that it was ever released to its registered owner.

5.

Petitioner then attempted to confirm with the RD if there was

really a cancellation of T-34193 and an issuance of TCT No. T-70380.

6.

Petitioner, through counsel, in a letter dated 01 June 2010 5,

requested from Atty. Joel E. Paner (“Atty. Paner”), Register of Deeds of Las Piñas City, for a copy of TCT No. T-70380.

Petitioner followed up on this

request in a letter dated 09 July 2010.6

7.

Atty. Paner replied in a letter dated 27 July 2010 7 that:

“xxx despite diligent efforts to locate the said title (TCT No. T70380), the same cannot be located from our files along with Transfer Certificate of Title No. 34193 and the supposed sale document registered with this Registry for the issuance of said Transfer Certificate of Title No. 70380.”

8.

Atty. Paner also referred in his letter two (2) books of record of

the RD.

First is the Primary Entry Book which would show that there was

indeed a registration of the sale of TCT No. T-34193 executed by Insular Life in favor of herein petitioner. The second book is the Issuance Book which would evidence that TCT No. T-34193 was cancelled by virtue of the issuance of a new title of TCT No. T-70380 with issue date 05 April 1999.

9.

Thus, through Atty. Paner’s letter, petitioner was able to confirm

that there was indeed a cancellation of TCT No. T-34193 and an issuance of TCT No. T-70380 but was also surprised to discover that the RD has lost the following documents on file with it: 5 6 7

A copy of the letter dated 01 June 2010 is attached as Annex ”D”. A copy of the letter dated 09 July 2010 is attached as Annex ”D-1 A copy of the letter dated 27 July 2010 is attached as Annex ”E”.

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9.1 9.2 9.3 10.

Original copy of TCT No. T-70380 ; Original copy of TCT No. T-34193 which had already been cancelled; and Original copy Deed of Absolute Sale evidencing transfer of property from Insular Life to petitioner. Attached to Atty. Paner’s letter were the certified true copies of

the following documents: 10.1 Pages 484-485 of the Primary Entry Book evidencing registration of the sale of TCT No. T-34193 executed by Insular Life in favor of herein petitioner (A copy of pages 484-485 of the Primary Entry Book is attached as Annex ”E-1”.); 10.2 Pages 190-191 of the Issuance Book showing that TCT No. T-34193 was cancelled by virtue of the issuance of a new title of TCT No. T-70380 with issue date 05 April 1999 (A copy of pages 190-191 of the Issuance Book is attached as Annex ”E-2”.); 10.3 Cancelled TCT No. T-9794 which is the trace back title of TCT No. T-34193 (Please see Annex ”E-3”.); and 10.4 copy of

11.

Deed of Absolute Sale covering cancelled TCT No. T-9794 (A the Deed of Absolute Sale is attached as Annex ”E-4”.).

A Certification was also issued by Atty. Paner to reiterate that

the cancelled certificate of TCT No. T-34193 cannot be located from the available records of the RD8.

12.

From the foregoing, it is evident that the original copy of TCT No.

T-70380 on file with the RD and the unreleased owner’s duplicate copy of the same title cannot be located and are deemed lost.

13.

No deed or other instrument affecting the properties has been

presented for registration.

14.

TCT No. T-70380 is not subject of litigation or investigation,

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

8

A copy of the Certification dated 22 October 2010 is attached as Annex “F”.

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15.

TCT No. T-70380 was in full force and effect at the time it was

16.

TCT No. T-70380 does not bear any annotation of encumbrance

lost.

or liens or adverse claims.

17.

No co-owner’s, mortgagor’s or lessee’s duplicate of TCT No. T-

70380 has been issued.

18.

There are no real property taxes due on the property as shown

by the Official 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”, “G1”, “G-2”, “G-3”, “G-4” and “G-5”.)

19.

There are no liens, encumbrances, debts or claims, deeds or

other instruments 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.

20.

In further support of this petition, the following are also attached

herewith: 20.1 The technical description of the parcel of land covered by the lost certificate of title as certified by the Chief of the Technical Services Section of the Department of Environment and Natural Resources (“DENR”) (A copy of certified technical description is attached as Annex ”H”.); and 20.2 The sepia film of the subject property certified by the Chief of Surveys 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”.).

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RELIEF 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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