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Republic of the Philippines 8th Judicial Region REGIONAL TRIAL COURT Branch ____ Tacloban City IN THE MATTER OF ISSUANCE OF OWNER’S DUPLICATE COPIES OF TRANSFER CERTIFICATE OF TITLE Cadastral Case No: NOS. T-25978, 122-2012000286, AND 122____________________ 2012000290, IN LIEU OF THOSE LOST, CECILIA G. NALDA
For: Issuance
Petitioner, Owner’s Copies
Duplicate
of
Certificate of
of
-versus-
Transfer Title.
THE REGISTER OF DEEDS OF TACLOBAN CITY Respondent. x------------------------------------------------------x
PETITION PETITIONER, by counsel, to this Honorabel Court, most respectfully alleges: 1. That she is of legal age, married, Filipino, and a resident of ________________________; 2. That respondent is a state agency tasked in the registration of properties in Tacloban City, with office address at Justice Romualdez St., Tacloban City; 3. That petitioner is the registered owner of three (3) parcels of land, more particularly described as follows:
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3.a. A parcel of land located at Brgy. Marasbaras, Tacloban City, designated as Lot 3427-B-8-A containing an area of 363 square meters, more or less, and embraced in Transfer Certificate of Title N. T-25978; 3.b. A parcel of land located at Brgy. Marasbaras, Tacloban City, designated as Lot 3427-B-8-C-5-D, with an area of 78 square meters, more or less, embraced in Transfer Certificate of Title No. 122-2012000286; 3.c. A parcel of land located at Brgy. Marasbaras, Tacloban City, designated as Lot 3427-B-8-C-5-E, with an area of 2,314 square meters, more or less, and embraced in Transfer Certificate of Title No. 1222012000290; 4. That the OWNER’S DUPLICATE COPIES of the subject three (3) CERTIFICATES OF TITLE were kept by her inside a wooden cabinet in the house of her brother where she was residing; copies of the said Certificates of Title are hereto attached as Annexes “A”, “B”, and “C”, respectively; 5. That unfortunately, last November 8, 2013 at the onslaught of Super Typhoon Yolanda accompanied by a Storm Surge, the said house was badly damaged, the entire roofing and part of the walls were blown away including the wooden cabinet with the Certificates of Title inside, because of the Strong Winds and further washed away by the rampaging flood water; 6. That despite earnest efforts, she failed to find or recover the said CERTIFICATES OF TITLE, hence, she considered the same as LOST; 7. That she executed an Affidavit of Loss and had the same annotated at the CERTIFICATES OF TITLE on file with the Respondent, a copy is hereto attached as Annex “D”; 8. That said CERTIFICATES OF TITLE have never been pledged or otherwise delivered to any person or entity to guarantee any obligation or for any other purpose;
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WHEREFORE, the Petitioner respectfully prays this Honorable Court to declare null and void the owner’s duplicates of Transfer Certificates of Title No. T-25978, 1222012000286, and 122-2012000290, which have been lost, and to order and direct the Respondent, after payment of him of the fees prescribed by law, to issue in lieu thereof new owner’s duplicate certificates which shall in all respects be entitled to like faith and credit as the original duplicates, in accordance with Section 109 of Act No. 496, as amended by PD 1529. Tacloban City, Leyte. 20 January 2015.
LAGUNZAD
____________________________ Atty. SAMUEL C. Counsel for the Petitioner 118 MH Del Pilar St.,
Tacloban City IBP
No.
03807,
Lifetime
Member PTR No. 7334199, 1/5/2015, Tac. City Roll No. 38843 MCLE COM. V-0000239, July 8, 2013 Cellphone No. 09086780200 VERIFICATION & CERTIFICATION I, CECILIA G. NALDA, under oath, depose and say: 1. That I am the petitioner of this petition, I caused the preparation and filing of this petition, and I have read the contents thereof to be true and correct and based on authentic documents; 2. That I hereby certify that I have not commenced any action or filed any claim involving the same issues in any court, tribunal, or quasi-judicial agency and to the best of my knowledge, no such other action or claim is pending therein, and if I should thereafter learn that the same or similar action or claim has been filed or is pending, I shall report that fact within five (5) days therefrom to the court wherein my aforesaid complaint or initiatory pleading has been filed. ___________________
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CECILIA G. NALDA Petitioner/Affia nt SUBSCRIBED AND SWORN to before me this 20 January 2015 in Tacloban City, Leyte, Petitioner/Affiant who is personally known to me and personally signed this document in my presence and affirmed that the same is her free and voluntary act and deed.
