Вы находитесь на странице: 1из 5

Republic of the Philippines

REGIONAL TRIAL COURT


Third Judicial Region
Branch _______
xxxxxxxxxxxxxxxxxxxxx

IN RE: PETITION FOR


ISSUANCE OF NEW OWNER’S
DUPLICATE COPY OF
TRANSFER CERTIFIACATE OF
TITLE NO. xxxxxxxxxxxxxx

Case No. ____________________

xxxxxxxxxxxxxxxxxxxx
Petitioner,

-versus-

THE REGISTER OF DEEDS FOR


CABANATUAN CITY, NUEVA
ECIJA,
Respondent.
x- - - - - - - - - - - - - - - - - - - - - - - -x

PETITION
Petitioner, thru the undersigned counsel, unto this Honorable
Court, most respectfully states the following:

1. Petitioner is of legal age, single, Filipino and a resident of


xxxxxxxxxxxxxxxxxxxx, Cabanatuan City, Nueva Ecija,
where he may be served with summons and processes of
the Honorable Court.

2. Respondent Register of Deeds for Cabanatuan City,


Nueva Ecija is the state agency tasked in the registration of
properties in Cabanatuan City and serves as the
repository of records relating thereto with office address at
LRA Bldg., City Hall Compound, Kapitan Pepe,
Cabanatuan City, Nueva Ecija;
Petition
for Issuance of New Duplicate
Owner’s Copy of Transfer Certificate of Title Noxxxxxxxxxxxxxxxxxxxxx
XXXXXXXXXXXX v. register of Deeds for Cabanatuan City
Page 2 of 5
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

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


covered by Transfer Certificate of Title (TCT) No.
xxxxxxxxxxxxxxxxxxxxxxxxxx with an area of EIGHTEEN
THOUSAND FIVE HUNDRED AND NINETEEN (18,519)
SQUARE METERS located at Brgy. Bakod Bayan,
Cabanatuan City, Nueva Ecija.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

3. The parcel of land covered by Transfer Certificate of Title


No. xxxxxxxxxxxxxxxxxxxxxxxxx is declared for real
property taxation purpose under two (2) Tax Declarations
since there is an on-going process undertaken to subdivide
the property prior to the filing of this petition.

4. Thus, the property is covered by Tax Declarations No. 15-


xxxxxxxxxxxxxxxxxxxxxxxxxx and xxxxxxxxxxxxxxxxxxx
of Cabanatuan City with a total assessed value of ONE
HUNDRED ELEVEN THOUSAND SIX HUNDRED AND
TEN (111,610) PESOS.

Copy of Tax Declarations No. xxxxxxxxxxxxxxxxxx


xxxxxxxxxxxxxxxxxxxxxx are hereto attached as Annexes “B”
and “B-1”and made integral parts hereof;

5. Petitioner used to keep the abovementioned Certificate of


Title in an envelope inside a cabinet in his residence
together with other important belongings;

6. Sometime on October 2015, petitioner found out that the


Certificate of Title was missing in his files;

7. Earnest efforts to locate the missing Certificate of Title


were exerted by the petitioner and other member of his
household but the Certificate of Title cannot be found and
has definitely gone missing;

8. Petitioner now genuinely believes that the said Certificate


of Title No. xxxxxxxxxxxxxxxxxxxx is lost and beyond
recovery;

9. Prior to the discovery of its loss, the house of the petitioner


was affected by flooding brought by a typhoon, Thus, he
Petition
for Issuance of New Duplicate
Owner’s Copy of Transfer Certificate of Title Noxxxxxxxxxxxxxxxxxxxxx
XXXXXXXXXXXX v. register of Deeds for Cabanatuan City
Page 3 of 5
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

believes that the Certificate of Title was lost due to the


flooding the occurred during that time;

10.Petitioner hereby files this Petition so that he will gain


have a copy of the TCT embracing his property;

11.The property subject of this Petition was not mortgaged,


pledged nor delivered by the petitioner or any person
acting on behalf of the petitioner to any person, private
entity or banking/ financial institution for any credit or
obligation whatsoever;

12.Prior to the filing of this petition, petitioner executed an


Affidavit of Loss dated xxxxxxxxxxxxxxx 22, 2020 and
caused the same to be annotated at the back of the original
copy of TCT No. xxxxxx-xxxxxxxxxxxxxxx kept at the
Register of Deeds for Cabanatuan City, Nueva Ecija.

Copy of the Affidavit of Loss dated September 22, 2020 is hereto


attached as Annex “C” and the annotation in the TCT No.
xxxxxxxxxxxxx-xxxxxxxxx is hereto marked as Annex “A-
2-a”

13.Petitioner anchors his cause of action in Section 109 of


Presidential Decree no. 1529, otherwise known as the
property Registration Decree, which provides that:

“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
Petition
for Issuance of New Duplicate
Owner’s Copy of Transfer Certificate of Title Noxxxxxxxxxxxxxxxxxxxxx
XXXXXXXXXXXX v. register of Deeds for Cabanatuan City
Page 4 of 5
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

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.”

14. After complying to the requisites of the foregoing


provision of PD 1529, petitioner now seeks the
intervention of the Honorable Court to finally attain his
purpose of obtaining new duplicate owner’s copy of the
lost TCT No. xxxxxxxxxxxxx-xxxxxxxxxxx since it is the
Honorable Court who has the sole authority to issue an
Order directing the issuance of new owner’s duplicate
copy of petitioners certificate of title.

15.Petitioner himself shall testify before the Honorable Court


to prove the allegations in his Petition and to identify
relevant documents. His Judicial Affidavit is hereto
attached as Annex “D”, inseries.

PRAYER

WHEREFORE, it is most respectfully prayed of this Honorable


Court that this Petition be granted and that an Order be issued
declaring the lost TCT No. xxxxxxxxxxxxxx-xxxxxxxxxxxxxxx as
NULL AND VOID and directing the Registry of Deeds for
Cabanatuan City, Nueva Ecija to issues new owner’s copy of TCT No.
xxxxxxxxxxx in lieu of the lost one

Other reliefs just and equitable under the premises are likewise
prayed for.
Cabanatuan City, Nueva Ecija, November 27, 2020.
Petition
for Issuance of New Duplicate
Owner’s Copy of Transfer Certificate of Title Noxxxxxxxxxxxxxxxxxxxxx
XXXXXXXXXXXX v. register of Deeds for Cabanatuan City
Page 5 of 5
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

Counsel for the Petitioner

Оценить