REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT NATIONAL CAPITAL JUDICIAL REGION BRANCH ______, MANILA IN RE: PETITION FOR REPLACEMENT OF OWNER’S DUPLICATE CERTIFICATE OF TITLE NO. _____
LRC CASE No. ________
______ Petitioner. x-----------------------------------------------------------x PETITION PETITIONER through counsel, unto this Honorable Court, respectfully avers: 1.
That Petitioner is of legal age, Filipino, married and resident of __________, Makati City but for purposes of this proceedings may be served with notices, and other processes of the Honorable Court through the address of the undersigned counsel which is stated below;
2.
Petitioner is the brother-in-law and by virtue of a Special Power of Attorney dated June 28, 2016 which is attached hereto as ANNEX “A” is the authorized representative of _________, the registered owner of a parcel of land situated at_____ covered and embraced in _______ of the Register of Deeds for City of Manila and which property is more particularly described as follows, to wit: Attached hereto is the copy of Transfer Certificate of Title No. _____ of the Registry of Deeds for City of Manila, marked as Annex “B” and likewise made an integral part hereof;
3.
That sometime in _____, while the Owner’s Duplicate Certificate of T_____ was in the custody and possession of petitioner, he discovered that several titles of lands under his custody including that of ____were missing as he could not found the same in the drawer of the cabinet in their bedroom where he used to safe keep their important documents. 1 | Page
4.
That on _______, petitioner, executed an Affidavit of Loss to this effect and caused the same to be annotated in the Original Certificate of Title No. ______ filed with the Register of Deeds for City of Manila on _______, a copy of the said Affidavit of Loss is attached hereto as Annex “C” while that page of the original Certificate of Title No._____ bearing the annotation of the said Affidavit of Loss is hereto attached as ANNEX “D”.
5. That under PD 1529, there is no prescriptive period in filing the instant Petition; 6. That the aforesaid Title is not subject of any liens or encumbrances in favor of any third person or entity adverse to the interest of the registered owner and the herein Petitioner. 6.a. Neither has the said Owner’s Duplicate Certificate of Title been delivered, assigned or given to any person or entity to guarantee or secure the performance of any obligation; 7.
That the said property is declared for taxation purposes under the name of _____________the herein petitioner. Copy of the Tax Declaration is hereto attached as ANNEX “E”.
8.
That herein Petitioner have possession of the subject parcel of land and had paid the real estate taxes due thereon in favor of the local government up to the present time, a copy of the real estate tax payments for the year 2016 and the tax clearance certificate issued by the City Treasurer of Manila are attached herewith as ANNEXES “F” and “G”, respectively;
9.
That the Owner’s Duplicate Certificate of T______ was valid and subsisting at the time of its loss. PRAYER
WHEREFORE, premises duly considered, it is most respectfully prayed of this Honorable Court that after due notice and hearing, the Honorable Court renders judgment: 1. Declaring the Owner’s Duplicate of Transfer Certificate of
Title No. ______ of the Registry of Deeds of Manila that had been lost/destroyed, as null and void; and 2. Ordering the Register of Deeds of Manila to issue a new
Owner’s Duplicate of Transfer Certificate of Title No. _____, 2 | Page
under the same terms and conditions as the original thereof, upon payment of the proper fees. Such other reliefs and remedies just and equitable are likewise prayed for. Quezon City for Manila, July 26, 2016.
Counsel for the Petitioner
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