Republic of the Philippines

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
Branch______, Quezon City

IN RE: PETITION FOR ISSUANCE

OF NEW DUPLICATE OWNER’S
CERTIFIATE OF TITLE FOR
TRANSFER OF CERTIFICATE OF
TITLE NO. N-299904

LRC CASE No.__________________

MA. THERESA DELA TORRE YADAO,

LOLITA DELA TORRE MAPANAO,
RAMON DELA TORRE, VISITACION
DELA TORRE AFABLE, AND HEIR OF LOURDES
DELA TORRE FORMOSO REPRESENTED BY
MARIA LOURDES FORMOSO FLORES
Petitioners,

vs

THE REGISTER OF DEEDS

OF QUEZON CITY
Respondent.
x-------------------------------------x

PETITION

PETITIONERS, assisted by the undersigned counsel, most respectfully

states:

1. Petitioner Ma. Theresa Dela Torre Yadao is a Filipino Citizen, of

legal age, with residence and postal address at
________________________________________________, Petitioner Lolita
Dela Torre Mapanao is a Filipino Citizen, of legal age, with residence and
postal address at _______________________________________________,
Petitioner Ramon Dela Torre is a Filipino Citizen, of legal age, with residence
and postal address at ___________________________________________,
Petitioner Visitacion Dela Torre Afable is a Filipino Citizen, of legal age, with
residence and postal address at
______________________________________________, and Petitioner
Lourdes Dela Torre Formoso (decesased) is to be duly represented by Maria
Lourdes Formoso Flores, a Filipino Citizen, of legal age, with residence and
postal address at _________________________________________;

2. Petitioner Maria Lourdes Formoso Flores is the heir of late

Lourdes Dela Torre Foromoso who died intestate on March 24, 2010 in
Quezon City. A copy of the Death Certificate of Lourdes Dela Tore Formoso,
the Birth Certificate Maria Lourdes Formoso Flores and her Marriage
Certificate is herein attached as Annexes “A”, “B” and “C”, respectively;
 3. Respondent is a nominal party necessary for complete
determination of this present Petition;

4. Petitioners are the registered owners of a parcel of land

consisting of an area of TWO HUNDRED FIFTY SQUARE METERS (250 sq.
m.), more or less, situated at Fairview, Quezon City, of the Registry of Deeds
for the Quezon City covered by Transfer of Certificate of Title No. N-
299904. A Certified True Copy of TCT No. N-299904 issued by the Register
of Deeds of Quezon City is herewith attached as Annex “D”;

5. The Owner’s Duplicate Copy of Transfer of Certificate of Title

No. N-299904 was given to the late Lourdes Dela Torre Foromoso for
safekeeping in behalf of all the Petitioners;

6. That the subject property covered by Transfer of Certificate of

Title No. N-299904 is currently in possession of Maria Lourdes Formoso
Flores is the heir of late Lourdes Dela Torre Foromoso;

7. That the family of Petitioner Maria Lourdes Formoso Flores as

been residing and is currently residing on the subject property;

8. Upon the death of the late Lourdes Dela Torre Foromoso, the
Petitioners looked for the Owner’s Duplicate Copy of the Transfer of
Certificate of Title No. N-299904 among the records left behind by the late
Lourdes Dela Torre Foromoso but they could not locate it despite exertion of
diligent efforts;

9. That the loss of the Owner’s Duplicate Copy of the Transfer of

Certificate of Title No. N-299904 was duly reported to the Registry of Deeds
of Quezon City. A copy of the Affidavit of Loss with Reference No.
2018019666 dated January 26, 2019 duly authenticated by the Office of
Registry of Deeds for Quezon City is hereto attached as Annex “E”;

10. That the said Transfer of Certificate of Title has never been
pledged, mortgaged or encumbered in favor of any person or entity to
guarantee any obligation or for any other purposes and the said title is intact
with the Office of the Registry of Deeds for Quezon City. A copy of the
Certification of the Registry of Deeds of Quezon City is hereto attached and
marked as Annex “F”;

11. That the taxes of the subject parcel of land have been duly paid.
A copy of the Tax Clearance is hereto attached as Annex “G”’;

12. That the subject land is not subject to any pending case. A copy
of the Certification of No Pending Case is hereto attached as Annex “H”;

13. In HEIRS OF LETICIA LOPEZ-CUEVAS VS REPUBLIC (G.R. No.

170539, July 9, 2008), the Supreme Court Held that:

“The case at bar is merely for the replacement of a lost

owner’s duplicate certificate of title. As such, Section 109,
Chapter X of Presidential Decree No. 1529, which governs
 actions for the replacement of lost duplicate certificates of title,
applies. The provision states:

Sec. 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 original duplicate, and shall thereafter be
regarded as such for all purposes of this decree.That in view of
the above, the said Transfer Certificate of Title (TCT) No. T-
2388 entered in the Registry of Deeds of Quezon City is now
deemed to have been lost or destroyed and beyond recovery.”

14. That in view of the above, the said Transfer of Certificate of Title
No. N-299904 entered in the Registry of Deeds of Quezon City is now
deemed to have been lost or destroyed and beyond recovery.

PRAYER

WHEREFORE, petitioners respectfully pray of this Honorable Court

Honorable Court to declare null and void the owner’s duplicate copy of
Transfer of Certificate of Tile No. N-299904, which has been lost and to
order and direct the Registry of Deed of Quezon City after the payment fees
prescribed by law, to issue in lieu thereof issue a new owner’s duplicate
Transfer Certificate of Title No. N-299904 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.

Quezon City, Philippines, _____________________________.

MA. THERESA DELA TORRE LOLITA DELA TORRE

YADAO MAPANAO
 RAMON DELA TORRE VISITACION DELA TORRE
AFABLE

MARIA LOURDES FORMOSO FLORES

Assisted by:

ATTY. NARCISA H. GUEVARRA

Counsel of the Petitioners
Attorney’s Roll No. 39789
IBP Lifetime Membership No. 013305
PTR No. 7446367 – 01/15/2019
Quezon City
MCLE Compliance V- 0013819 9valid from 04/15/2016 until
04/14/2019
Pasig 95 Desiderio St., Don Jose Heights Subd., Quezon City
Mobile No. 09178329882

Republic of the Philippines )

Quezon City ) S.S.

VERIFICATION AND CERTIFICATION OF

NON-FORUM SHOPPING

PETITIONERS, do hereby deposed and state:

1. Ma. Theresa Dela Torre Yadao is a Filipino Citizen, of legal age,

with residence and postal address at
__________________________________________________,
Lolita Dela Torre Mapanao is a Filipino Citizen, of legal age, with
residence and postal address at
_____________________________________________________,
Ramon Dela Torre is a Filipino Citizen, of legal age, with residence
and postal address at ___________________________________,
Petitioner Visitacion Dela Torre Afable is a Filipino Citizen, of legal
age, with residence and postal address at
_____________________________________________________,
and Petitioner Lourdes Dela Torre Formoso (decesased) is to be
duly represented by Maria Lourdes Formoso Flores, a Filipino
Citizen, of legal age, with residence and postal address at
_____________________________________________;
 2. That all the contents and allegations thereat are true and correct to
our own knowledge and belief and the documents therewith
attached are based on authentic records;

3. That we 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 our 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 we 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, we undertake to report the same
within Five (5) days from knowledge hereof to this Honorable
Court.

IN WITNESS WHEREOF, we have hereto set our hands this day of

___________ at Quezon City

MA. THERESA DELA TORRE LOLITA DELA TORRE

YADAO MAPANAO

RAMON DELA TORRE VISITACION DELA TORRE

AFABLE

MARIA LOURDES FORMOSO FLORES

SUBSCRIBED AND SWORN to before me, this _____________, by the

following, who exhibited to me their respective Community Tax Certificates
as follows:

Name Competent Evidence of Identity

Ma. Theresa Dela Torre Yadao _____________________________

Lolita Dela Torre Mapanao _____________________________

Ramon Dela Torre _____________________________

Viscitation Dela Torre Afable _____________________________

Maria Lourdes Formoso Flores _____________________________

NOTARY PUBLIC
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of ______;

NOTICE OF HEARING

THE BRANCH CLERK

THE HONORABLE REGISTER OF DEEDS

QUEZON CITY

GREETINGS:

Please be notified that as soon hereafter as counsel may be heard, the

undersigned will ask the Regional Trial Court of Quezon City to consider
and foregoing Petition.

ATTY. NARCISA H. GUEVARRA

RECEIVED copy of this petition

This _______day of _____________,

____________________________
Signature over Printed name