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Republic of the Philippines

REGIONAL TRIAL COURT


National Capital Judicial Region
Branch ___, Manila

IN RE: PETITION FOR


ISSUANCE OF NEW
OWNERS DUPLICATE
COPY OF TRANSFER
CERTIFICATE OF TITLE
NO. 196641 IN LIEU OF
THE LOST ONE.
LRC Case No. _______

RAMON DE VERA
NAVARRO,
Petitioner.
x-----------------------------------
--------x

PETITION
PETITIONER Ramon De Vera Navarro, through the
undersigned counsel, to the Honorable Court most
respectfully states that:

Parties

1. Petitioner is of legal age, married, Filipino and resident


of 2714 Lamayan Street, Alley I, Sta. Ana, Manila
where he may be served with processes of the
Honorable Court;

2. Respondent Register of Deeds for the City of Manila is


being impleaded as a necessary party holding office at
Manila City Hall where he/she 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 Sta. Ana District, City of Manila registered
in the Registry of Deeds for the City of Manila under

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Transfer Certificate of Title (TCT) No. 196641, free of
any encumbrance, particularly bounded and described
as follows:

A PARCEL OF LAND (Lot 18-E of the


subdivision plan B(LRC) Psd-166968, being a
portion of Lot 18, Block 1406 Manila
Cadastre, LRC Cad. Record No. 335),
situated in the District of Sta. Ana, City of
Manila, Island of Luzon. Bounded on the NW.
points 1 to 2 by Lot 18-F of the subdivision
plan; on the SE. points 2 to 3 by property of
Alfonso Estanislao, et. al., and points 3 to 5
by Pasig River; on the SW. points 5 to 7 by
Lot 18-B; and on the NW. points 7 to 1 by Lot
18-H (ALLEY), both of the subdivision plan.
Beginning at a point marked 1 on plan,
being S. 87 deg. 06E., 399.83 m. from
B.L.L.M. No. 46, Manila Cadastre; thence N.
73 deg. 46E., 13.56 m. to point 2; thence S.
6 deg. 30W., 5.35 m. to point 3; thence S. 54
deg. 17W., 12.19 m. to point 4; thence S. 25
deg. 01W., 3.27 m. to point 5; thence N. 73
deg. 07N., 2.00 m. to point 6; thence N. 71
deg. 54W., 1.77 m. to point 7; thence N. 16
deg. 56W., 18.50 m. to the point of
beginning; containing an area of TWO
HUNDRED TEN SQUARE METERS (210.00),
more or less.

Copy of TCT No. 196641 is attached as Annex


A;

4. Sometime in 1990, Petitioner was incarcerated for an


offense punishable by law. During his incarceration, his
house where the subject parcel of land was abandoned
by his family by reason of death threats. The owners
duplicate copy of title of the subject parcel of land
together with other personal belongings were inside
the abandoned house;

5. Upon his release from incarceration, he returned to his


house. He searched for the owners duplicate copy of
title of the subject parcel of land so that he may
mortgage it to obtain money to start a new life.
However, despite his diligent search and effort to
locate his Owners Duplicate Copy of Title, he could

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not find it such that he genuinely believes that it is now
lost beyond recovery;

6. Prior to the filing of this Petition, Petitioner has already


caused the annotation of Notice of Loss at the back of
the Registry of Deeds original copy of TCT No. 196641
as Entry No. 2790-196641. The said annotation is sub-
annexed as Annex A-1, while a certified true copy of
the Notice of Loss is attached as Annex B;

7. Petitioner has secured a Certificate of Intactness from


the Registry of Deeds for the City of Manila attesting
that the latters original copy of his title is existing and
intact. Copy of the certificate is attached as Annex
C;

Cause of Action

8. Petitioner anchors his 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

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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 TCT No. 196641 as shown by records of the
Registry of Deeds, Manila (Annex A). The existence
and intactness of his certificate of title over his
property has been attested by the said office (Annex
C);

10. In compliance to paragraph 1 of Section 109, P.D.


No 1529, Petitioner has already given due notice to the
Registry of Deeds, Manila that his Owners Duplicate
Copy of Title is lost (Annex B). Notice of Loss has
been annotated at the back of the title (Annex A-1);

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 for the City of Manila to issue a New
Owners Duplicate Copy of Title in the name of Petitioner in
lieu of the lost one.

Other reliefs just and equitable under the circumstances


are likewise prayed for.

Respectfully submitted on 15 May 2017, Makati City for


the City of Manila.

By:

ANDRES JOSE MAURICIO ALBA


9F LPL Towers, 112 Legazpi Street, Legazpi Village, Makati City

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Counsel for Plaintiff-Appellee
Mobile: 09255515029
Email: ajmalba21@gmail.com
Roll No. 64838
IBP No. 1066940; 01.18.2017
PTR No. MKT 5925982; 01.18.2017
MCLE Compliance No. V-0023769

VERIFICATION AND CERTIFICATION


OF NON-FORUM SHOPPING
I, RAMON DE VERA NAVARRO, of legal age, after
having been duly sworn in accordance with law, depose and
state that:

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

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.

RAMON DE VERA NAVARRO


Affiant

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SUBSCRIBED AND SWORN to before me this ___ day
of September 2017 at Makati City affiant exhibiting to me
his ___________________________ as competent proof of his
identity.

Doc. No. ____;


Page No. ____; NOTARY PUBLIC
Book No. ____;
Series of 2017.

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