REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH ______
Caloocan City

IN RE: PETITION FOR ISSUANCE OF NEW

OWNER’S DUPLICATE COPY OF
TRANSFER CERTIFICATE OF TITLENO. C-
51127 IN LIEU OF THE LOST ONE,

LRC Case No. ________

SPOUSES ROSALIO AND SUSAN NODADO

Petitioner
X------------------------------------------------------X

PETITION

PETITIONERS, through counsel, and unto this Honorable Court respectfully

avers:

I.Parties

1. Petitioners, Spouses ROSALIO D. NODADO and SUSAN U. NODADO,

both of legal age, with residence and at postal address at Capt. F.S. Samano Road,
Brgy. 176 Area A, Camarin, Caloocan City, where they may be served with
summons and other court processes;

2. Respondent, Register of Deeds for Caloocan City, with its authorized

officer/official which under the law, has the duty to issue titles covering land in
their designated area in the Philippines, as well as to make entries of records
thereon, who may be served with summons and other court processes at the
Office of the Register of Deeds, Caloocan City.

II. Nature of the Petition

3. This petition is in pursuance to the provision of Section 109

Presidential Decree No. 1529 which sets the procedure for filing the request for

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re-issuance of certificate of title in case of loss or destruction of the owner’s
duplicate copy of title.

4. By reason of the loss of the Owner’s Duplicate Copy of Transfer

Certificate of Title (TCT) No. C-51127, certified copy of which made an integral
part hereof as “Annex A, consisting of five (5) pages, whereby in page (5) five
thereof, particularly, in the Memorandum of Encumbrances, under Entry No.
2019010278 dated December 11, 2019, the fact of loss of the said owners
duplicate copy is annotated, thus, the owner of the said parcel of land covered by
the said title is constrained to file the instant petition.

III. Statement of Facts

5. Spouses ROSALIO D. NODADO and SUSAN U. NODADO were owner

of a parcel of land with improvements thereon located at Lot 30 Block 5 Caimito
St., corner Atis St., Area D Camarin, Caloocan City, registered in the Registry of
Deeds of Caloocan City, bearing Transfer Certificate of Title (CTC) No. C-51127,
more particularly described as follows:

A parcel of land (Lot 30 Block 5, of the consolidation- subdivision plan pce-5913

being a portion of the consolidation Lots 895,898 and 901, TalaEstate; G.L.R.O.
cc.No. 6563) situated in Kamarin, Caloocan City. Bounded on the SE., along line
1-2, by Lot 31, Block 5; on the W., along line 2-3, by Lot 28, Block 5, on the N.,
along line 3-4, by Road Lot 3; and on the NE along lines 4-5-1, by Road Lot 7; all
of the consolidation-subdivision plan. Beginning at a point marked “1” on plan,
being S. 51 deg. 57’E., 401.45 cm more or less from 1.N. No. 15, Tala state;
thence S. 70 deg. 00 min. W., 22.89 m. to point “2”; thence N. 1 deg. 51 min. W.,
22.00m. to point “3”; thence N.88 deg.09 min E., 14.41 =. to point “4”; thence S.
55 deg. 31 min. E., 4.03. to point “5” thence S. 20 deg. 00 min. E., 13.14 m. to the
point of beginning; containing an area of THREE HUNDRED SIXTY ONE SQUARE
METERS AND SEVENTY SQUARE METERS (361.70) more or less. All points
referred to are indicated in the plan and are marked on the ground by P.L.
ConcMons.xxx.

6. The subject property is also covered by Tax declaration No. 11054 in

the name of SUSAN UY NODADO M/to ROSALIO D. NODADO, and made an
integral part hereof as “Annex B.”

IV. Cause of Action

7. Petitioners anchored their cause of action on Section 109 of P.D. 109,

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

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 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,
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 loss 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 allow purposes of their
decree.

8. Petitioners are the absolute owner of the parcel of land covered by

TCT No. C-51127 and the improvements thereon. The Subject Property is not
encumbered in any manner and no deed or instrument has been executed by
petitioner to convey any interest over the same.

9. In compliance with paragraph 1 of Section 109, P.D. No. 1529,

petitioner has already given due notice to the Registry of Deeds of Quezon City
that its Owner’s Duplicate Copy of Title is lost and the same has been annotated
in page five (5) of the said title, “Annex A”.

10. Under the 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.

11. In view of the foregoing, in the interest of justice as it is proper and

lawful, petitioner respectfully prays that the Owner’s Duplicate Copy of Transfer
Certificate of Title (CTC) No. C-51127 be issued in the name of the present owner,
herein petitioner, Spouses ROSALIO D. NODADOand SUSAN U. NODADO.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed to this

Honorable Court to allow the issuance of Owner’s Duplicate Copy of the said
Transfer Certificate of Title to petitioner in lieu of the lost one, and to direct the
Registry of Deeds for Caloocan City to immediately issue the same.

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 Other reliefs just and equitable are likewise prayed for.

Quezon City for Caloocan City, January 20, 2020.

ELISEO S. CALMA, JR.

Counsel for the Petitioner
Roll No. 50183, IBP Quezon City Chapter
IBP No. 095280 dated November 20, 2019
PTR No. 8894292 dated Sept. 24 2019
MCLE Comp. No. VI-0012817 until April 14, 2022
No. 20 Kamagong St., Sapamanai Village
East Faiview, Quezon City

REPUBLIC OF THE PHILIPPINES)

CITY OF CALOOCAN ) S.S.

VERIFICATION AND CERTIFICATION OF NON FORUM SHOPPING

We, ROSALIO D. NODADO,and SUSAN U. NODADO, after having been duly

sworn to law, depose and state that:

1. We are the PETITIONERS in the above-entitled case.

2. We have caused the preparation of the foregoing PETITION.

3. We have read the said PETITION and that all the allegations therein are
true and correct of our own knowledge and based on authentic
documents.

4. We have not commenced any other action or proceeding involving the

same issues in this case in the Supreme Court, the Court of Appeals, or
any other tribunal or agency, that to the best of our knowledge, no such
action or proceeding is pending in the Supreme Court, the Court of
Appeals or any other tribunal or agency; and if we 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, we undertake to report that fact within five (5) days therefrom
to this Honorable Court.

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 IN WITNESS WHEREOF, I have hereto set my hand this ___day of
_________, 2020 in the City of Caloocan.

ROSALIO D. NODADO SUSAN U. NODADO

Affiant Affiant

SUBSCIBED ANDSWORN to before me this _____day of _________, 2020 in

the City of Quezon, by the aforementioned persons exhibiting their ID Nos.
_________________, ______________________

Doc No. _____

Page No. ____
Book No. ____
Series of 2020

Copy furnished:

Concern Officer/Official
Register of Deeds
Caloocan City

Encls.

1. Certified copy of TCTC No. 51127

2. Tax Dec. No 11054
3. Petitioners’ Affi. Of loss dated Nov. 27, 2019
4. Xerox copies of Petitioners’ IDs.
5. Affidavit of service by James Buenaventura