Republic of the Philippines

REGIONAL TRIAL COURT

First Judicial Region
Branch _____, Batac City

In Re: PETITION FOR THE RE-

ISSUANCE OF A SECOND
OWNER’S DUPLICATE COPY
OF TRANSFER OF CERTIFICATE
OF TITLE

NATIVIDAD DELA ROSA CAD Case No.

Petitioner, LRC Record No.
Lot No. 124587
-versus- TCT Nos. T-52147

Batac Cadastre
THE REGISTER OF DEEDS,
Represented by ATTY PHILLIP
VICTOR G. GARVIDA, in his
capacity as Register of Deeds
of Batac City
Respondent,
x--------------------------------------------------------------------------x

PETITION

PETITIONER, through the undersigned counsel, unto this

honorable court most respectfully avers that:

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

of Brgy #32 Palongpong Batac City, where she may be served
with lawful processes and other notices of this Honorable Court;

2. Respondent is impleaded in his capacity as Register of Deeds of

Batac City, who is the custodian and person accountable to all
certificate of title of lots issued in Ilocos Norte, and in all the
registration of all legal documents affecting the title and
ownership of real properties. He may be served with summons
and other legal processes of this Honorable Court at Office of the
Registry of Deeds Batac City;

3. Petitioner is the owner of the Lot No. 124587 of the Cadastral

Survey of Batac situated in Nagbacalan Batac City containing an
area of 2500 square meters (agricultural) covered under TCT No.
T-52147 with Tax Declaration No. 17-0152-0214 and Property
 Identification No. 101-02-0148-35-009. The electronic copy of
the Certificate of Title and the Tax Declaration are hereto
attached and marked as Annexes “A”.

4. That the Petitioner was the one entrusted to personally keep the
Transfer of Certificate of Title Nos. T-52147 for safekeeping;

5. That Petitioner placed the same Certificates of Title in a brown

envelope and kept them in one of her cabinet at their residence
in #143 Brgy. Palongpong, Batac city, Ilocos Norte.

6. That on 2017, when Petitioner looked for the said Transfer

Certificates of Title, she discovered that the brown envelope and
the said Transfer Certificates of Title could no longer be found;

7. That petitioner searched all the cabinets in their home hoping

that it was just misplaced but the same could not be found and
that she asked all her family members, relatives if they borrowed
it from her, but to her dismay, the same was not even in their
possession;

8. That despite diligent and serious efforts on the part of the

Petitioner in the search of said Transfer of Certificates of Title,
she could no longer locate it, creating a conclusion in her mind
that the Transfer Certificates of Title were one of the personal
belongings lost during the Typhoon Vinta on 2017 Petitioner
considered the same lost and beyond recovery;

9. That by reason thereof, she executed two (2) Affidavits of Loss

which was duly notarized by the undersigned counsel, dated 5
February 2018 with Doc. No. 100, Page No. 34, and Book No.
XXVI, Series of 2018 attached and marked and made an integral
part hereof as Annex “B”.

10. That after which, the document was registered and

thereafter annotated in the Certificate of Title TCT No. T-52147
as Entry Nos. 2018000100 dated February 4, 2018 which is
attached and marked hereof as Annex “C”;

11. That the Transfer of Certificate of Title Nos. T-have no

existing encumbrances and / or lien nor were they confiscated,
seized or levied upon by virtue of any lawful order as evidenced
by the earlier submitted and marked as electronic copy of the
annotated Certificates of Title, Annex “A”;
 PRAYER

WHEREFORE, premises considered, it is respectfully prayed

unto this Honorable Court that after due notice and hearing, a judgment
be rendered declaring the owner’s duplicate copy of the Transfer of
Certificate of Title Nos. T-52147as null and void and that a second
owner’s duplicate copy to be issued in lieu thereof.

Other just and equitable relief and remedies are likewise prayed
for.

February 9, 2018 at Paoay, Ilocos Norte.

ATTY. MA. SANIATA R. MARCOS

Counsel for the Petitioner
PTR NO. 9662547/1-5-18/PTO I NORTE
IBP NO. 0995874 (LIFETIME)/3-14-16
ROLL NO. 64408/TIN 160-162-172
BRGY 1-S VALDEZ BATAC CITY,
ILOCOS NORTE
MCLE Compliance No. VI-0005295