Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch 50
Alabel, Sarangani Province

IN RE: PETITION FOR MISC. CASE NO. 074-20

ISSUANCE OF NEW
OWNER’S DUPLICATE COPY
OF ORIGINAL CERTIFICATE
OF TITLE NO. (P-11689) (P-
28579) P-7513 IN LIEU OF THE
LOST ONE.

LIBRADA CAPUYAN
FRANCO,
Petitioner.

-vs-

THE REGISTRY OF DEEDS

SARANGANI PROVINCE,
Respondent.
x---------------------------------------
x

AMENDED PETITION

Petitioner Librada Capuyan Franco, through the undersigned

counsel from the Public Attorney’s Office, Sarangani District, to the
Honorable Court most respectfully states that:

PARTIES

IN RE: PETITION FOR ISSUANCE OF NEW OWNER’S DUPLICATE

COPY OF IN RE: PETITION FOR ISSUANCE OF NEW OWNER’S
DUPLICATE COPY OF ORIGINAL CERTIFICATE OF TITLE NO. (P-
11669) (P-28579) P-7513 IN LIEU OF THE LOST ONE, LIBRADA
CAPUYAN FRANCO, PETITIONER.
Page 1 of 8
 1. Petitioner is eighty three (83) years old, married, Filipino and a
resident of Banate, Malungon, Sarangani Province where she
may be served with processes of the Honorable Court;

2. Respondent Register of Deeds for the Municipality of

Malungon, Sarangani Province, is being impleaded as a
necessary party holding office at Capitol Complex, Alabel,
Sarangani Province where he may be served with summons
and other court notices;

FACTS OF THE CASE

3. Petitioner is the registered owner of a parcel of land located at

the Municipality of Malungon, Sarangani Province registered in
the Registry of Deeds for the Municipality of Malungon under
Original Certificate of Title No. (P-11689) (P-28579) P-7513, free
of any encumbrance, particularly bounded and described as
follows:

“Lot No. 1406, Pls-1101

Beginning at a point marked “1” of Lot 1406, Pls
1101. Containing an area of FORTY THREE
THOUSAND EIGHT HUNDRED EIGHTY THREE
(43,883) SQUARE METERS.

Bounded on the NE., along line 1-2 by Lot 1400, Pls-

1101; on the SN., along line 2-3 by Lot 1476, Pls
1101; on the SW., alone lines 3-4-5- by Lot 1476, Pls
1101; on the NW., along line 6-7-8 by Lot 1405, Pls-
1101; on the NW., along line 8-9 by lot 1404, Pls-
1101; on the NW., along line 9-10 by Lot 1403, pls-
1101; on the NW., along line 10-11 by Lot 1402, Pls-
1101 and on the NE., along lines 11-12-1 by Lot No.
1399, Pls 1101.

Bearings true.

IN RE: PETITION FOR ISSUANCE OF NEW OWNER’S DUPLICATE

COPY OF IN RE: PETITION FOR ISSUANCE OF NEW OWNER’S
DUPLICATE COPY OF ORIGINAL CERTIFICATE OF TITLE NO. (P-
11669) (P-28579) P-7513 IN LIEU OF THE LOST ONE, LIBRADA
CAPUYAN FRANCO, PETITIONER.
Page 2 of 8
 This lot was surveyed in accordance with law and
existing regulations promulgated thereunder by
L.N. Clarin, Public Land Surveyor on November 13,
1975 and was approved on September 29, 1978.

(To prove the fact of the foregoing, attached herewith as Annex “A” to
Annex “A-4” is a certified true electronic copy of Original Certificate
of Title No. (P-11689) (P-28579) P-7513 registered in the name of
Librada Capuyan)

4. Sometime in 2019, herein petitioner has been changing her

residence from Mabini, Malungon to Banate Malungon and has
been residing at the house of one of her children. Sometimes,
she stays at the house of her another daughter at Digos City for
her radiation treatment. However, in the course of her frequent
change of residence and travel, she lost the duplicate copy of
the Original Certificate of Title No. (P-11689) (P-28579) P-7513
which she has been keeping with her all the time; (To prove the
fact of the foregoing attached herewith as Annex “B” is the Affidavit
of Loss executed by Librada Capuyan Franco before Atty. Karl
Benjamin Fajardo of the Public Attorney’s Office of Alabel, Sarangani
Province)

6. Petitioner searched for the said duplicate copy of the Original

Certificate of Title No. (P-11689) (P-28579) P-7513 among her
files. However, despite her diligent search and effort to locate
the said Owner’s Duplicate Copy of Title, she could no longer
find it, such that she genuinely believes that it has been lost
beyond recovery;

7. Prior to the filing of this Petition, herein petitioner has already

caused the annotation of Notice of Loss at the back of the
Registry of Deeds’ Original Certificate of Title No. (P-11689) (P-
28579) P-7513 as Entry No. 2020000117. (To prove the fact, please
refer to Annex “A-4” which is page 5 of 5 of the Original Certificate
of Title No. (P-11689) (P-28579) P-7513 under Memorandum of
Encumbrance with Entry No. 2020000117.)
IN RE: PETITION FOR ISSUANCE OF NEW OWNER’S DUPLICATE
COPY OF IN RE: PETITION FOR ISSUANCE OF NEW OWNER’S
DUPLICATE COPY OF ORIGINAL CERTIFICATE OF TITLE NO. (P-
11669) (P-28579) P-7513 IN LIEU OF THE LOST ONE, LIBRADA
CAPUYAN FRANCO, PETITIONER.
Page 3 of 8
 CAUSE OF ACTION

8. Petitioner anchors her cause of action in Section 109 of P.D. No

1529, otherwise known as the Property Registration Decree, to
wit:

“Section 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.”

9. Petitioner is the registered owner of the parcel of land covered

by Original Certificate of Title No. (P-11689) (P-28579) P-7513 as
shown by the records of the Registry of Deeds, Alabel,
Sarangani Province. The existence and intactness of his

IN RE: PETITION FOR ISSUANCE OF NEW OWNER’S DUPLICATE

COPY OF IN RE: PETITION FOR ISSUANCE OF NEW OWNER’S
DUPLICATE COPY OF ORIGINAL CERTIFICATE OF TITLE NO. (P-
11669) (P-28579) P-7513 IN LIEU OF THE LOST ONE, LIBRADA
CAPUYAN FRANCO, PETITIONER.
Page 4 of 8
 certificate of title over his property has been attested by the said
office;

10. In compliance to paragraph 1 of Section 109, P.D. No 1529, a

due notice that the Owner’s Duplicate Copy of Title was lost
was already given to the Registry of Deeds for Malungon,
Sarangani Province. The Notice of Loss has been annotated at
the back of the title under page 5 of 5 of the Memorandum of
Encumbrance of TCT No. Original Certificate of Title No. (P-
11669) (P-28579) P-7513, with Entry No. 2020000117;

11. Under the Mirror Principle of the Torrens System, the

certificate of title is a mirror which reflects accurately and
completely the current facts that are material to the title;

12. In view of the foregoing facts and under the Mirror Principle,
Petitioner has a cause of action to file the instant Petition.

PRAYER

WHEREFORE, above premise considered, it is most respectfully

prayed to the Honorable Court that a judgment be rendered in favor
of the Petitioner ordering Respondent Register of Deeds OF
Sarangani Province to issue a New Owner’s Duplicate Copy of Title
in the name of Petitioner in lieu of the lost one.

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

Alabel, Sarangani Province, Philippines, 06 October 2020.

MOST RESPECTFULLY SUBMITTED:

PUBLIC ATTORNEY’S OFFICE

SARANGANI DISTRICT
Alabel, Capitol Complex
IN RE: PETITION FOR ISSUANCE OF NEW OWNER’S DUPLICATE
COPY OF IN RE: PETITION FOR ISSUANCE OF NEW OWNER’S
DUPLICATE COPY OF ORIGINAL CERTIFICATE OF TITLE NO. (P-
11669) (P-28579) P-7513 IN LIEU OF THE LOST ONE, LIBRADA
CAPUYAN FRANCO, PETITIONER.
Page 5 of 8
 By:

BAI ALEFHA HANNAH M. MUSA-ABUBACAR

Public Attorney II
Roll of Attorney No. 67366
MCLE Compliance No. VI-0009755
IBP OR No. 120317-11/Jan/2020
Email Add: hannahalefha20@gmail.com
09090154295
PTR Exempt

Copy furnished:

The Registry of Deeds for the Received by:

Province of Sarangani _________________________
(Respondent)
Alabel, Sarangani Date: _____________________

Republic of the Philippines )

Alabel, Sarangani Province ) s.s.
x-------------------------------------x

VERIFICATION AND CERTIFICATION

AGAINST FORUM SHOPPING

I, LIBRADA CAPUYAN FRANCO, of legal age, Filipino, and a

resident of Banate, Malungon, Sarangani Province after having been
duly sworn to in accordance with law, do hereby depose and say:

1. I am the Petitioner in the above-stated case;

IN RE: PETITION FOR ISSUANCE OF NEW OWNER’S DUPLICATE

COPY OF IN RE: PETITION FOR ISSUANCE OF NEW OWNER’S
DUPLICATE COPY OF ORIGINAL CERTIFICATE OF TITLE NO. (P-
11669) (P-28579) P-7513 IN LIEU OF THE LOST ONE, LIBRADA
CAPUYAN FRANCO, PETITIONER.
Page 6 of 8
 2. I have caused the preparation and filing thereof before the
Honorable Court;

3. I have read its contents thereof and the facts stated

therein are true and correct of my personal knowledge and/or
on the basis of copies of documents and records in my
possession;

4. I have not commenced any other action or proceeding

involving the same issues in the Supreme Court, the Court of
Appeals, or any other tribunal or agency;

5. To the best of my knowledge and belief, no such action or

proceeding is pending in the Supreme Court, the Court of
Appeals, or any other tribunal or agency;

6. If I should thereafter learn that a similar action or

proceeding has been filed or is pending before the Supreme
Court, the Court of Appeals, or any other tribunal or agency, I
undertake to report that fact within five (5) days therefrom to
this Honorable Court.

IN WITNESS WHEREOF, I have hereunto set my hand this

2020 at Alabel, Sarangani Province,
Philippines.

LIBRADA CAPUYAN FRANCO

Affiant
Senior Citizen I.D. No. 101504

SUBSCRIBED AND SWORN TO BEFORE ME this

2020 at Alabel, Sarangani Province, Philippines. Affiant
exhibited to me her abovementioned competent proof of
identification, known to me to be the same person who executed the
foregoing instrument and acknowledged to be her own free act and
voluntary deed.
IN RE: PETITION FOR ISSUANCE OF NEW OWNER’S DUPLICATE
COPY OF IN RE: PETITION FOR ISSUANCE OF NEW OWNER’S
DUPLICATE COPY OF ORIGINAL CERTIFICATE OF TITLE NO. (P-
11669) (P-28579) P-7513 IN LIEU OF THE LOST ONE, LIBRADA
CAPUYAN FRANCO, PETITIONER.
Page 7 of 8
 WITNESS MY HAND SEAL.

ATTY. BAI ALEFHA HANNAH M. MUSA-ABUBACAR

PUBLIC ATTORNEY II
Authority Under Sec. 8 R.A. 9498
ROLL NO. 67366

IN RE: PETITION FOR ISSUANCE OF NEW OWNER’S DUPLICATE

COPY OF IN RE: PETITION FOR ISSUANCE OF NEW OWNER’S
DUPLICATE COPY OF ORIGINAL CERTIFICATE OF TITLE NO. (P-
11669) (P-28579) P-7513 IN LIEU OF THE LOST ONE, LIBRADA
CAPUYAN FRANCO, PETITIONER.
Page 8 of 8