Republic of the Philippines

REGIONAL TRIAL COURT

7th Judicial Region
Branch___
Cebu City

IN THE MATTER OF ISSUANCE OF

OWNER’S DUPLICATE OF TRANSFER
CERTIFICATE OF TITLE NO. 119756

SP. PROC. CASE NO. ____

KIMA CAMBA YU,

Petitioner,
x------------------------------------------------x

PETITION

Petitioner, thru the undersigned counsel unto this Honorable Court,

most respectfully state that:

1. Petitioner KIMA CAMBA YU, widow, Filipino, of legal age, married

and is a resident of 23-A, Chuva Chuva Building, Mabolo, Cebu City. She
may be served with notices and other processes of this Honorable Court,
through their counsel of record, CRISTINE MAE N. VILLABLANCA, with
office address at Penthouse, 20th Floor, SVED Tower, Cebu Business Park,
Cebu City, Cebu;
2. Petitioner together with her deceased husband, are the registered
owner of a parcel of land, particularly described as, to with:

TRANSFER CERTIFICATE OF TITLE NO. 119756

Registry of Deeds for Cebu City

“A PARCEL OF LAND (Lot 3-B-1 of the subdivision plan LRC
Psd140017, being a portion of Lot 3-B, LRC Psd-80380, LRC Rec. No.
H. Pat.), situated in the Barrio of Calunsi, City of Cebu Province of
Cebu. Bounded on the SW., NW., & NE., points 1-4 by Lot 3-B-2, of the
subdivision plan; on the SE., points 4-1 by Road. Containing an area
of THREE HUNDRED TWO (302) SQUARE METERS, more or less.”

3. After her husband died on November 21, 2012, Petitioner settled

the estate of her late husband and discovered that she could not find
Transfer Certificate of Title No. 119756;

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 4. Petitioner earnestly tried to search for the certificate of title, in all her
file cabinets where they kept the documents, but she could not find the said
title;

5. Despite diligent and earnest efforts to locate the owner’s duplicate

of Transfer Certificate of Title No. 119756, such copy could not find the said
title;

6. Petitioner has submitted to the Register of Deeds for the City of

Cebu an Affidavit of Loss attesting to the loss of the owner’s duplicate of title.
The Affidavit of Loss executed by Petitioner has been duly annotated on
Transfer Certificate of Title No. 119756. A copy of the Affidavit of Loss is
hereto attached as Annex “A”;

7. The original copy of the Transfer Certificate of Title No. 119756 is

intact and on filed with the Office of Registry of Deeds for the City of Cebu;

8. The owner’s duplicate of Transfer of Certificate of Title No. 119756

has not been delivered to any person or entity in order to secure payment or
performance of any obligation whatsoever, such as sale, mortgage, or any
other similar transaction. likewise, no document relating to the sam
transactions is held by any person or entity for presentation, annotation, or
registration in the Office of the Register of Deeds of Cebu City;

9. Petitioner continues to retain control and possession of the said

parcel of land until this date and has paid all the realty taxes. A copy of the
Tax Declaration No. GRC-080062-06235 is attached hereto as Annex “B”.
The tax clearance certificate issued by the Office of the City Treasurer is
attached hereto as Annex “C”;

10. Section 109, Chapter X of Presidential Decree No. 1529, provides

to quote:

“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 original duplicate, and
shall thereafter be regarded as such for all purposes of this decree.”

11. In view of the foregoing, Petitioner most respectfully request that

the Transfer Certificate of Title No. 119756 registered in the name of SPS.
KIMOY YU and KIMA YU be declared lost and that an owner’s duplicate copy
in the place of the lost duplicate certificate be issued.

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 PRAYER

WHEREFORE, premises considered, it is respectfully prayed of the

Honorable Court that after due Notice and Hearing, that the owner’s
duplicate of Transfer Certificate of Title No. 119756 be declared lost and that
the Register of Deeds for Cebu City be directed to issue another owner’s
duplicate copy in place of the lost duplicate certificate.

Petitioner further prays for such other relief and remedies just and
equitable in the premises.
Most respectfully submitted this February 21, 2019 at Cebu City,
Philippines.

SABDULLAH, VILLABLANCA, ESCANO, DAYAGBIL LAW OFFICES

Penthouse, 20th Floor, SVED Law Tower,
Cebu Business Park, Cebu City, Cebu 6000
Telefax (023) 231-3611
svedlawoffices@gmail.com

BY:

ATTY. CRISTINE MAE N. VILLABLANCA

Counsel for Petitioner
PTR No. 1430270- 12.08.2018 (for 2019) Cebu City
Roll of Attorneys No. 42661; IBP LRN 04474
MCLE Compliance No. V-0004987 (Issued at 12.18.14)

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REPUBLIC OF THE PHILIPPINES)
CITY OF CEBU ) S.S

VERIFICATION AND CERTIFICATION OF

NON-FORUM SHOPPING

I, KIMA CAMBA YU, widow, Filipino, of legal age, married and a resident of
23-A, Chuva Chuva Building, Mabolo, Cebu City.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 read the contents thereof and the facts stated therein are true and
correct of my own personal knowledge and/or on the basis of copies of
documents and records in my possession;

3. 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;
4. 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;

5. 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.

_____________________
KIMA CAMBA YU

SUBSCRIBED AND SWORN to before me this 21st day of February 2019 at

Cebu City, Philippines affiants exhibiting to her competent evidence of
identity: NLRC EMPLOYEE ID No. 01956 known to me to be the same
person who executed this document and swore under oath that the same is
her free will and voluntary act.

ATTY. JABAR A. SABDULLAH

NOTARY PUBLIC
For Cebu City, Carcar City and
Municipality of San Fernando
Notarial Commission No. 054-06
Doc No. ___; (Until December 31, 2019)
Page No. ___; Suite 4, JCS Building, Cebu City
Book No. ___; PTR No. 1430271- 12.08.2018
Series of 2019 (for 2019) Cebu City
Roll of Attorneys No. 42662; IBP
LRN 04475
MCLE Compliance No. V-0004988
(Issued at 12.18.14)

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