REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

THIRD JUDICIAL REGION
BRANCH ___
ANGELES CITY

IN RE: ISSUANCE OF NEW OWNER’S

DUPLICATE OF TRANSFER
CERTIFICATE OF TITLE NO. 11617
WITH CERTIFICATE OF LAND
OWNERSHIP AWARD NO. 00465889
OF THE REGISTRY OF DEEDS OF
PAMPANGA;

Case No. ____________________

ROSALINA B. DUNGCA, represented

by his Attorney-in-Fact, MANUEL B.
TORIO JR,
Petitioner.
x-------------------------------------------x

PETITION
PETITIONER, through counsel, to this Honorable Court, respectfully
alleges:

1. Petitioner is of legal age, Filipino, widow, and with postal

address at Sta. Lucia, Magalang, Pampanga, where she may be served with
summons, notices, orders and other processes of this Honorable Court.
Petitioner is herein represented by her attorney-in-fact, Manuel B. Torio Jr.
as evidenced by the Special Power of Attorney issued by the Petitioner,
attached as Annex “A”;

2. Petitioner, after the death of his first husband, married the late
ABELARDO DUNGCA. During the lifetime of ABELARDO DUNGCA, he and the
petitioner herein were awarded a parcel of land located in Magalang,
Pampanga and registered as Transfer Certificate of Title No. 11617 with
Certificate of Land Ownership Award No. 00465889 more particularly
described as follows:

TRANSFER CERTIFICATE OF TITLE NO. 11617-R

1|Page
 WITH CERTIFICATE OF LAND OWNERSHIP AWARD NO. 00465889

“ A parcel of land ( Lot B, Psd-03-068833 (AR), being a

portion of Lot 9 (LRC) Pcs-21133) situated in the Bo. Of Sta.Lucia,
Municipality of Magalang, Prov. of Pamp. x x x containing an area
of FIVE THOUSAND NINE HUNDRED EIGHTY ONE (5,981) Square
meters, more or less”

A copy of said certificate of title is hereto attached and marked as

Annex “B” and forming an integral part of this petition.

3. Petitioner has been religiously paying the real property tax for
the subject property, copies of the Certificate of Tax Certification, Official
Receipt and Tax Declaration of Real Property and its Official Receipt are
herein attached as Annexes “C” to “C-3”;

4. Upon the death of Abelardo Dungca, herein petitioner, gave

the title of the aforementioned property to his son (from her first husband),
Manuel B. Torio Jr. for safekeeping since given her advanced age, petitioner
has difficulty remembering things at times and she was afraid that she
might lose an important document;

5. From time to time, petitioner would get the title of the

property from her son, Manuel B. Torio Jr., in order to show it to
prospective buyers;

6. Last July of this year (2019), petitioner again requested to see

the title from her son, however, when the latter tried to retrieved the said
title from the cabinet where he kept the same, said title was not there.
Petitioner likewise tried to recall if she was able to return the same to her
son the last time she showed it to prospective buyers but she could no
longer remember;

7. Both the petitioner and Manuel B. Torio Jr. tried to locate the
same but they were not able to find it. Thus, Manuel B. Torio Jr., executed
an Affidavit of Loss, herein attached as Annex “D”;

8. Petitioner considered the said title to have been lost for all
legal intents and purposes, thus the affidavit of Loss was annotated in the
Transfer Certificate of Title No. 11617 of the Registry of Deeds of
Pampanga. As mentioned earlier a copy of the title is herein attached as
Annex “B”. The annotation appears as Entry No 2019008041 on the title,
which is bracketed and marked as Annex “B-1”

2|Page
 9. The said Transfer Certificate of Title No. 11617 was not
delivered to any person or entity to secure payment or performance of any
obligation whatsoever nor any transaction or document relating to the
same was presented for, or pending with the Office of the Registry of Deeds
of Pampanga;

PRAYER

WHEREFORE, it is respectfully prayed that this Honorable Court

render judgment:

a) Declaring Owner’s Duplicate Copy of said Transfer Certificate

of Title No. 11617-R of the Registry of Deeds of Pampanga had been
lost/destroyed;

b) Ordering the Registry of Deeds of Pampanga to issue new

Owner’s Duplicate Copy of Transfer Certificate of Title No. 11617-R in the
same terms and conditions as the original thereof, upon payment of all the
proper fees therefore.

Other relief and remedies just and equitable under the premises are
likewise prayed for.

Angeles City, 28 August 2019.

REYES IRISARI-REYES
Attorneys and Counselors at Law
Counsel for the Petitioner
Units 4 & 5, D.S. Reyes Building,
Don Bonifacio Ave., Angeles City

By:

MILANI I. REYES
Roll of Attorneys No. 45974
IBP Lifetime Member Roll No. 04768
PTR No. AC-1286521/0893877 1-3-19, A.C.
MCLE Compliance No. VI-0009939
Issued on July 3, 2018 at Pasig City
Email ad: reyesreyeslaw@gmail.com
Tel No. (045) 625-7406

3|Page