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Republic of the Philippines

REGIONAL TRIAL COURT


National Capital Judicial Region
Branch 1
Manila

MICHELLE JOY L. VERGARA


Plaintiffs

-Versus- CIVIL CASE NO. 1234567


For: DAMAGES BASED ON
QUASI-DELICT
ELAMAE SHEENA C.
ESGUERRA, and ABC FOODS,
INC.,
Defendants
x-------------------------------------x

REPLY WITH MOTION TO SET PRE-TRIAL

PLAINTIFF, by undersigned counsel, unto the Honorable Court, most


respectfully manifest that on __ __________ 2018, she received a copy of the
ANSWER WITH COUNTERCLAIM of Defendants in the above-entitled case and,
by way of a REPLY to new matters alleged, hereby state THAT:

1. I, Patrick Ykin Grove, Australian, of legal age, single and with


residence address at 45-7 the Boulevard, Mid Valley City, 59200, Kuala Lumpur,
Malaysia is the registered owner of a unit in Makati City and covered by
Condominium Certificate of Title No. 006-2013014572 the unit identified and
described as:

Unit 2306 located on the twenty-third floor – three bedroom residences unit
with an approximate area of Two Hundred Thirty Square Meters (233
Sqm.) More or less, with Two (2) Parking Slots designated as parking Slot
numbers R-1 and R-2 on basement level 3, of the Makati Hotel and
Residences Project.

In the diagrammatic floor plan appended to the enabling or master of deed


of the condominium of project annotated on TRANSFER CERTIFICATE
OF TITLE 224326 which embraces and describes the land located at CITY
OF MAKATI with an area of SEVEN THOUSAND THREE HUNDRED
SEVENTY-SEVEN (7,377) Square meter, more or less.

2. Copies of CCT No. 006-2013014572, Tax Declaration No. 37900 and


Certificate of Realty Tax Clearance over the aforementioned property are attached
herewith as Annexes “A”, “B” and “C” and form an integral part hereof;

3. The Petitioner herein duly appointed as his attorney-in-fact,


empowered, among others, to bring the present suit for the issuance of a second
owner’s duplicate of title under his name. Attached herewith as Annex “D” as a
copy of the Special Power of Attorney executed by the Petitioner in favor of Jose-

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Antonio Aliling or any lawyer from his law firm Jose Antonio Aliling and
Associates;

4. The owner’s duplicate copy of the aforesaid certificate of title which


was turned over and used to be in the possession of herein petitioner was
misplaced and/or lost, and despite diligent efforts to locate it, the same proved
futile;

5. The fact of loss was declared by herein petitioner under oath in an


affidavit duly filed and registered in the Office of the Registry of Deeds of Makati
City, which Affidavit was annotated on the dorsal portion of CCT No. 006-
2013014572. Attached herewith as Annex “E” is a copy of said Affidavit of Loss;

6. That to the best and personal knowledge of herein petitioner, the


aforesaid owner’s duplicate copy has not been delivered to any person or entity to
secure the payment of performance of any obligation whatsoever and there are no
transactions affecting the above-mentioned property pending registration or
otherwise shown in the corresponding certificate of title;

7. The aforesaid certificate of title has never been pledged or otherwise


delivered to any person or entity to guarantee any obligation or for any other
purpose;

8. The original copy of said Condominium Certificate of Title No. 006-


2013014572is on file in the Office of the Registry of Deeds of Makati City and that
no second owner’s duplicate copy of title has been issued for CCT No. 006-
2013014572. Attached herewith as Annex “F” is a certification issued by the
Registry of Deeds for Makati City certifying that no second owner’s duplicate copy
of title has been issued.

PRAYER

WHEREFORE, premises considered, petitioner respectfully prays that after


due notice and hearing, an order be issued declaring the owner’s duplicate copy
of CCT No. 006-2013014572 as lost and without any further force and effect, and
to direct the Office of the Registry of Deeds of Makati City to issue in lieu thereof
a new second owner’s duplicate copy which shall in all respects be entitled to like
faith and credit as the original one in accordance with law, upon payment of the
required fees.

RESPECTFULLY SUBMITTED.

Mandaluyong City for Makati City.

___ November 2017.

JOSE-ANTONIO ALILING & ASSOCIATES


Counsel for Petitioner
Unit 7C Shaw Residenza Condominium
429 Shaw Boulevard, Mandaluyong 1552
Tel. No. 584-9685
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By:

JOSE-ANTONIO T. ALILING
Roll of Attorneys No. 50860
PTR No. 3024039; 1-03-17; Mandaluyong City
IBP No. 922780; Lifetime; Makati
MCLE Compliance No. V- 0006368; 02-25-15
janaliling@acubelaw.com

SYLVIA PATRICIA S. RIEZA


Roll of Attorneys No. 55585
PTR No. 3024040; 1-03-17; Mandaluyong City
IBP Lifetime No. 07508; Quezon City
MCLE Compliance No. V-0009747; until 04-04-2019
piarieza@acubelaw.com

MA. KATRINA F. LUCAS


Roll of Attorneys No. 68290
PTR No. 3173571; 06-05-17; Mandaluyong City
IBP No. 001579;05-08-2017; RSM
Newly Admitted to the Bar on 05/26/2017
katlucas@acubelaw.com

VERIFICATION AND CERTIFICATION


ON NON-FORUM SHOPPING

I, PATRICK YKIN GROVE, of legal age, Filipino and with postal address
at 45-7 the Boulevard, Mid Valley City, 59200, Kuala Lumpur, Malaysia, after
being first duly sworn according to law, depose and say, that:

I am the petitioner in the above-entitled case, and had caused the


preparation and filing of the foregoing pleading. I have read the contents thereof
and the facts and allegations stated therein are true and correct of my personal
knowledge and information and on the basis of authentic documents.

I have not filed any action involving the same facts and issues as that in the
petition at bar in the Supreme Court, the Court of Appeals, or in any other court
or tribunal, and if I hereafter learn thereof, I undertake to inform this Honorable
Court within five (5) days from knowledge.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ of


_________ 2018 at ____________.

PATRICK YKIN GROVE


Affiant

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SUBSCRIBED AND SWORN to before me, a Notary Public in and for
____________________ this day _____________ 2018, affiant appearing personally
and exhibiting his Passport No. ________________ with expiry on
___________________, as competent proof of his identity.

Notary Public

Doc. No. ___;


Page No. ___;
Book No. ___;
Series of 2018.