PETITION FOR RECONSTITUTION OF LOST TITLE TREBAJO.docx
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Republic of the Philippines REGIONAL TRIAL COURT 11th Judicial Region Branch ___ Tagum City, Davao del Norte
IN RE: PETITION FOR ISSUANCE OF NEW CERTIFICATE OF TITLE IN LIEU OF THE LOST ONE
LRC. CASE # ___________ FOR: Reconstitution of Lost Title
SPS. MELANIO TREBAJO, JR. and ADELUISA A. TREBAJO Duly represented by MEDARDO Q. TREBAJO As Attorney-in-Fact Petitioners, -versusREGISTRY 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. T41510, 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
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 ____________________________________________.