Republic of the Philippines REGIONAL TRIAL COURT 6th Judicial Region Branch ____ Iloilo City IN RE: THE ISSUANCE OF AN ORDER TO SURRENDER THE OWNER’S COPY OF THE TRANSFER
CAD. CASE NO.__________
CERTIFICATE OF TITLE (TCT) NO. T-59380, TCT NO. T-59381, TCT NO. T-59382 AND TCT NO. T-29383 ARTURO P. CALSAS and IBRAHIM A. CALANAO -versusIntercontinental Corporation,
Broadcasting
Respondent. x----------------------------------------------x PETITION NOW the Petitioners through the undersigned counsel, and unto this Honorable Court most respectfully state: 1. That Petitioners Arturo P. Calsas, Calsas, is of legal age, married, Filipino and a resident of 240-B, Lopez Jaena Street, Jaro, Iloilo City and Ibrahim A. Calanao of legal age, married and a resident of Barangay Cabugao Norte, Santa Barbara, Iloilo where they may be served with the processes of this Honorable Court; 2. That petitioners are now considered absolute and exclusive owners of the following described real properties: Lot No. 2226-C-9 2226-C-10 2226-C-11 2226-C-12
Location Balabago, Balabago, Balabago, Balabago,
Jaro, Jaro, Jaro, Jaro,
Iloilo Iloilo Iloilo Iloilo
City City City City
Certificate of Title No. T-59380 T-59381 T-59382 T-59383
Certified True Copy marked as Annex “A” Annex “B” Annex “C” Annex “D”
all issued by the Register of Deeds of Iloilo City, being the buyers of the same in a public auction conducted in accordance with law evidenced by a 1
Final Deed of Sale dated September 06, 2007, copy of which is marked and attached hereto as Annex “E” to be taken as an integral part hereof; 3. That petitioners intend to register the aforesaid Final Deed of Sale ( Annex “A” ) with the Registry of Deeds of Iloilo City which consequently would require the surrender to the said Registry of Deeds of Iloilo City of the owner’s copy of the aforementioned owner’s duplicate certificates of title. However, despite demand made upon the previous registered owner, International Broadcasting Corporation (IBC), it refused and failed and still refuses and fails to turn over to petitioners said owner’s duplicate copies of the certificates of title. Copy of the letter of demand is hereto marked and attached as Annex “F” to be taken as integral part hereof; 4.
SECTION 107 of Presidential Decree No. 1529 provides: Surrender of withheld duplicate certificates. -- Where it is necessary to issue a new certificate of title pursuant to any involuntary instrument which divests the title of the registered owner against his consent or where a voluntary instrument cannot be registered by reason of the refusal or failure of the holder to surrender the owners duplicate certificate of title, the party in interest may file a petition in court to compel surrender of the same to the Register of Deeds. The court, after hearing, may order the registered owner or any person withholding the duplicate certificate to surrender the same, and direct the entry of a new certificate or memorandum upon such surrender. If the person withholding the duplicate certificate is not amenable to the process of the court, or if [for] any reason the outstanding owners duplicate certificate cannot be delivered, the court may order the annulment of the same as well as the issuance of a new certificate of title in lieu thereof. Such new certificate and all duplicates thereof shall contain a memorandum of the annulment of the outstanding duplicate.
5. That there are no other persons who may be or might be interested in the aforementioned parcels of land covered by the said lost and/or destroyed owner’s duplicate of certificates of title made subject matters of the instant petition; 6. That petitioners have no information of any encumbrance whatsoever affecting the above-described parcels of land, on which has been previously executed or is now pending registration in the Registry of Deeds having jurisdiction over said parcels of land; and 7. That the original copies of the said certificates of title remain intact in the file of the Registry of Deeds of Iloilo City as certified to by the said 2
office. Marked and attached hereto as Annex “G” is a copy of said certification to be taken as an integral part hereof.
PRAYER Wherefore, it is respectfully prayed that after due notice and hearing, judgment be rendered: 1) Ordering the defendants to deliver, produce and surrender the Owner’s Duplicate Copy of Transfer Certificate of Title Nos. T59380, T-59381, T-59382 and T-59383 issued by the Registry of Deeds of the City of Iloilo and directing the entry of a new certificate or memorandum upon such surrender; and/or 2) Declaring the Owner’s Duplicate Copy of Transfer Certificate of Title Nos. T-59380, T-59381, T-59382 and T-59383 issued by the Registry of Deeds of the City of Iloilo as null and void; and the issuance of a new certificate of title in lieu thereof, should the defendants refuse to deliver the said titles. Other reliefs just and equitable in the premises are likewise prayed for. ___ October 2017, Iloilo City, Philippines. DUREMDES NAVA VILLEGAS Counsel for Petitioners 2nd Floor A & L Building E. Lopez St., Jaro Iloilo City
ATTY. STEWART PAUL T. TORRE NOTARY PUBLIC CITY AND PROVINCE OF ILOILO 2nd Floor A & L Building E. Lopez St., Jaro Iloilo City IBP No.006488-Iloilo City-May 21, 2017 PTR No. 5690086-Iloilo City-Sept. 04, 2017 Roll of Attorneys No. 67265 MCLE Exempt.
VERIFICATION AND CERTIFICATION We, ARTURO P. CALSAS, of legal age, married, Filipino and a resident of 240B, Lopez Jaena Street, Jaro, Iloilo City and IBRAHIM A. CALANAO of legal age, married and resident of Cabugao Norte, Santa Barbara, Iloilo, Philippines, subscribing under oath, hereby depose and state: 1) That we are the petitioner in the above-mentioned case; 3
2) That we caused the preparation of the foregoing PETITION; 3) That we have read the same and all the statements contained therein are true and correct of our own personal knowledge and belief or based on authentic records; 4) That we have not theretofore commenced any other action or filed any claim involving the same issue raised in this PETITION in any Court, tribunals or quasi judicial agencies, and that to the best of our knowledge, no such action or claim is pending therein. However, should we thereafter learn that the same or similar action or claim has been filed or is pending with any Court, tribunal or quasi-judicial agencies; we hereby undertake to promptly report the fact within five (5) days therefrom to the Honorable Court. ARTURO P. CALSAS Affiant
IBRAHIM A. CALANAO Affiant
SUBSCRIBED AND SWORN to before me, this ___ day of October 2017 at Iloilo City, Philippines, affiants personally known to me and who presented to me their competent evidence of identity indicated below their name, with their picture and signature appearing thereon, presented to me the foregoing PETITION, signed the same in our presence and affirmed and swore under oath under penalty of law to the truth and correctness of the allegation stated therein. WITNESS MY HAND AND SEAL. Doc No.: ____; Page No.: ___; Book No.: III; Series of 2017;
ATTY. MARY LOUISE S. VILLEGAS NOTARY PUBLIC CITY AND PROVINCE OF ILOILO 2nd Floor A & L Building E. Lopez St., Jaro Iloilo City REG. NO. 109 VALID UNTIL DEC. 31, 2017 PTR No. 5691191-Iloilo City-Jan. 03, 2017 IBP No. 1058583-Iloilo City-Jan.05, 2017 Roll of Attorneys No. 65334
4
