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Republic of the Philippines

REGIONAL TRIAL COURT


6th Judicial Region
Branch ____
Iloilo City

PETITION
FOR
RECONSTITUTION
OF
THE ORIGINAL AND REISSUANCE OF OWNERS
DUPLICATE
COPY
OF
ORIGINAL CERTIFICATE
OF TITLE NO. F-21244
DEPARTMENT OF EDUCATION
represented by LOIDA CATALINIO,
Petitioner,

SP No.________________

versus
THE OFFICE OF THE REGISTRY OF
DEEDS FOR THE PROVINCE OF
ILOILO, AS REPRESENTED BY ITS
REGISTER OF DEEDS.
Respondent.
X-----------------------------------------------X

PETITION
COMES NOW, the petitioner, thru the undersigned counsel
and before this Honorable Court, most respectfully allege:
1. That the Petitioner, Department of Education (formerly
Department of Education, Culture and Sports) Division of Iloilo,
represented by its duly authorized representative Loida Catalinio, is a
government agency ________________________________where in can

be served with summons and other processes of this Honorable


Court.
Copy of the Special Power of Attorney dated
_________________________ is hereto attached as Annex A and
made an integral part hereof.
2. The respondent, Registry of Deeds for the Province of Iloilo,
as represented by Register of Deeds for the Province of Iloilo is an
agency of the Government which keeps and issues record certificate
of title. Its office address at Muelle Loney, Iloilo City where in can be
served with summons and other processes of this Honorable Court.
3. The petitioner is a donee in a Deed of Donation of Real
Property executed by the late Guillerma Macahilig(donor) on January
24, 1989. Guillerma Macahilig was the registered owner of the
property covered by Original Certificate of Title No. F-21244 with an
area of SIX THOUSAND ONE HUNDRED EIGHTY FOUR (6,184)
SQUARE METERS, more or less. That during her lifetime, Guillerma
Macahilig donated the said parcel of lot to Department of Education,
Culture and Sports (DECS) represented by Lilia Caguan, the Teacherin-Charge of Buga Barangay High School (Buga National High
School)located at Brgy. Buga, Leon, Iloilo, Philippines.
Copy of Deed of Donation of Real Property executed on
January 24, 1989 is hereto attached as Annex ____, and made an
integral part hereof.
4. The above-mentioned property
described and bounded as follows:

is

more

A portion of Cad. Lot No. 3322,on the


Northern portion known as Lot No. 3322-A of about
2,737 square meters, more or less, bounded as follows;
on the SE, lines 1-2-3 by Lot 3323; on the S., lines 3-45-6 by Road; on the W., line 6-7 by the Provincial
Road; on the NW., line 7-8 by Lot 3432; on the N.,
lines 8-9-10 by Lot 3320; on the SE., line 12-13 by Lot
3325; and on line 13-1 by Lot 3324.

particularly

Copy of Original Certificate of Title No. F-21244 is hereto


attached as Annex ___, and made an integral part hereof.
5. After the execution of the Deed of Donation, the original
title was turned over to the Teacher-in-Charge Lilia Caguan of Buga
Barangay High School and they were able to annotate the said Deed
of Donation with the Registry of Deeds.
6. There were several changes in administration in the school.
As well as transfer of the Administration Building within the
premises of the above-mentioned property. The present Teacher-inCharge who wants to initiate the transfer of the Title from the donee
to the Department of Education (Buga National High School) found
out that the original title had been missing or has disappeared in
such a way that it can no longer be found despite diligent efforts
exerted to locate the same, thus, deemed irretrievably lost for all legal
purposes.
Copy
of
Affidavit
of
Loss
executed
by
________________________ on _________________ is hereto attached
as Annex ____, and made an integral parts hereof.
7. The original copy of Original Certificate of Title No. F21244 on the file of the Office of the Registry of Deeds for the
Province of Iloilo is still existing.
Copy of Certified True Copy of Original Certificate of Title
No. F-21244 is hereto attached as Annex ____ and made an integral
part hereof.
8. The subject lot was constructed by school buildings of Buga
National High School since -----------. It is occupied by Buga National
High School.
Copy of Affidavit executed by _____ dated _______ is hereto
attached as Annex ____ and made an integral part hereof.
9. The subject certificate of title is not a subject of any litigation,
investigation, administrative or judicial proceedings, regarding its
genuineness or due execution or issuance.

10. There were no deeds or other instruments affecting the said


property have been presented for registration and the said property is
not presently mortgage, neither sold nor encumbered in favor of any
other person, natural or juridical. Hence, no other person has an
interest over the subject lot or will be prejudiced by filing of this
petition.
11. The names and addresses of the adjoining owners are as
follows:
A.
B.
12. The lot covered by Original Certificate of Title No. F-21244
are covered by four (4) tax declarations regularly issued by the
Assessors Office and the latest tax declaration of the same.
Copies of Tax Declarations are hereto attached as Annexes
___, ___,___ and ___.
13. The lot has also an approved plan from the Land
management Services, DENR, Region VI, Iloilo City.
Copy of the approved plan is hereto attached as Annex ___
and made an integral hereto.
14. The original title of the subject property is necessary for the
transfer of propertys name to the petitioner. The petitioner being an
educational institution needs to register the property inorder to
receive projects from the government and other non government
organization for the school expansion. To register the same will give
definite proof to the existing lawful ownership of the petitioner over
the subject property.

PRAYER
WHEREFORE, it is most respectfully prayed of this Honorable
Court that after due notice, publication, posting and hearing, an

order be issued directing the Register of Deeds for the Province of


Iloilo to re-issue the new owners duplicate copy of Original
Certificate of Title No. F-21244 covering Lot--------------------------, in
lieu of the lost owners duplicate copy of the said certificate of Title
and declaring the lost copies as null and void and without force and
effect.
Other relief and remedies that maybe deemed just and
equitable under the premises are likewise prayed for.
Iloilo City, Philippines, __________________________.

BUOL-ALFUENTE & ASSOCIATES LAW OFFICE


Counsel of the Petitioner
Door 11, 2nd Floor,Jamerlan Building
Iznart Street, Iloilo City, 5000
Contact No. (033) 509-9729/
(033) 09177285007

By:

MARIANIE C. TANATE
PTR No. 3738164, 1-12-2016, Iloilo
IBP Lifetime No. 0986661, 6-24-2016, Iloilo City
Roll of Atty. No. 63444
MCLE Compliance No. V - 0014908

VERIFICATION / CERTIFICATION
I, LOIDA CATALINIO, of legal age, married, and with office
address at Brgy. Buga,Leon, Iloilo,Philippines, after having been duly
sworn to in accordance with law, do hereby depose and say:

1. I am the attorney-in-fact of the petitioner Department of


Education (formerly Department of Education Culture and Sports) in
this petition;
2. That I have caused the foregoing petition to be prepared and
that I have read all the allegations contained therein and the same are
true and correct to my own personal knowledge and based on
available authentic documents;
3. I further state that I the petitioner have not commenced any
other action or proceeding involving the same issue, and to the best
of my knowledge; no such action or proceeding is pending in any
courts or in any other tribunal or agency; and if there is such any
action or proceeding which is either pending or may have been
terminated, I must state the status thereof; and if I should hereafter
learn that a similar action or proceeding has been filed or pending
before any courts or any other tribunal or agency, I undertake to
report that fact within five (5) days therefrom to the court or agency
where the original pleading ans sworn certification has been filed.
INWITNESS WHEREOF, I have hereunto set my hand this
____________________, at Iloilo City, Philippines.

LOIDA CATALINIO
Affiant

SUNSCRIBED AND SWORN TO BEFORE ME THIS


------------------------------, in the City of Iloilo, Philippines, affiant
having been exhibited to me his Identification Card as competent
evidence of his identity described as ____________________, issued
on ___________________, issued at __________________.
WITNESS MY HAND AND SEAL on the date and place first
above written.

Doc. No.

Page No.
Book No.
Series of 2016.

Received Copy by Personal Service:

THE OFFICE OF THE REGISTRY OF DEEDS


Province of Iloilo
Iloilo City
By:
Date:
THE OFFICE OF PROVINCIAL PROSECUTOR
Iloilo City
By:
Date:
Copy furnished:

THE OFFICE OF THE SOLICITOR GENERAL


134 Amorsolo St., Legaspi Village, Makati City
Registry Receipt No.:
Date:

THE OFFICE OF THE LAND REGISTRATION AUTHORITY


East Avenue., Cor. NIA Road, Quezon City
Registry Receipt No.:
Date:
EXPLANATION
This is to certify that copies of this Petition with Annexes
thereof have been served upon the Office of the Solicitor General

address at 134 Amorsolo St., Legaspi Village, Makati City and The
Office of the Land Registration Authority at East Avenue., Cor. NIA
Road, Quezon City by registered mail with return card as personal
service is impracticable due to the distance between Iloilo and Metro
Manila.

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