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Republic of the Philippines

REGIONAL TRIAL TRIAL COURT


Fifth Judicial Region
Branch 39
Daet, Camarines Norte

In Re: Petition for Conversion of Technical


Description from Graphical to Narrative of
Lot 1810, Cad-456D, Talisay Cadastre SP. PROC. NO. _____

EMMA B. DOMINGONO,
Petitioner

THE REGISTRY OF DEEDS


Daet, Camarines Norte. Rep. by
Registrar of Deeds,
Respondent.
x---------------------------------------x

PETITION

Petitioner, by the undersigned counsel, most respectfully states that:

1. She is a Filipino, of legal age, with capacity to sue and be sued and resident of
Barangay V, Daet, Camarines Norte, while respondent is a government entity
represented by the Registrar of Deeds, who is also of legal age and holding
office at the Office of the Registry of Deeds in Jamaica Subd. Brgy. Magang,
Daet, Camarines Norte, where he may be served with summons and other court
processes;
2. On August 7, 2015, the Heirs of Victor Abanto executed a Deed of Extrajudicial
Settlement and Partition of Estate with Deed of Absolute Sale over a parcel of
Land covered by Original Certificate of Title No. P-7820, which was
acknowledged before Notary Public Donald Asis and recorded in hid Notarial
register as Doc. No. 458; Page No. 92; Book No. C; Series of 2015, copy of
which is hereto attached as ANNEX A. the entire property was sold to the herein
petitioner, hence she is now the owner thereof;
3. The property partitioned and sold is morew particularly describe as follows:

“A PARCEL OF LAND IDENTIFIED AS LOT 1810, CAD-456-D, TALISAY


CADASTER SITUATED IN THE BARRIO OF BINANUAAN, MUNICIPALITY OF
TALISAY, PROVINCE OF CAMARINES NORTE. BOUNDED ON THE W AND N,
ALONG LINES 1-2-3-4-5 BY LOT 1599; ON THE E ALONG LINE 5-6 BY LOT 1811,
CASE 2, CADM-456-D; ON THE S, ALONG LINE 6-7 BY LOT 1985, CASE 2, CADM
456-D; AND ALONG LINE 7-1 BY LOT 1984, CASE 2, CADM 456-D, CONTAINING
AN AREA OF THREE THOUSAND EIGHT HUNDRED EIGHTY EIGHT (3,888)
SQUARE METERS.”

Copy of the certificate of title is attached as ANNEX B.

4. The technical description of the property, as found at the back of the certificate,
is only a graphical one so much so that when the herein petitioner tried to
register the deed of partition with sale, the registration was denied by the
Registrar of Deeds allegedly because the technical description of the property is
not the full and complete description contrary to what is reqired under pertinent
law and LRC Circulars;

5. As held in the case of Director of Lands and Secretary of Environment and


Natural Resources vs. Court of Appeals et. al.,(G.R. No. 79684, February
19,1991) the said requirement can only be accomplished through the conduct of
another survey and issuance of a new technical description;

6. On October 23, 2017, herein petitioner caused the survey of the property based
on the approved original cadastral survey while still in the name of the deceased,
Victor Abanto, copy of the sketch plan prepared by Engr. Jesse m. Enriquez, a
duly authorized geodetic engineer, is hereto attached as Annex C. from this
recent survey, it appears that the area of the land had decreased from the
original area of 3,888 more or less to the present actual area of 3,510 square
meters or a difference of 378 square meters;

7. On September 28, 2017, herein petitioner was issued a complete


numerical/narrative technical description of the property (lot 1810, Cad 456-d,
Talisay Cadaster) by the Bureau of Lands Regional Office No. V, Legaspi City,
verified correct by Josie A. Columna, Chief of the Regional Surveys and Mapping
Division, Region V and certified correct by the OIC, Assistant Regional Technical
Director, Engr. Roberto D. Sheen. Copy thereof is hereto attached as ANNEX D;

8. As indicated in the Technical Description, the land was earlier surveyed on


February 29,1985 by Geodetic Engineer Restituto Bautista and Associates and
was approved on April 7, 1988;

9. Pursuant to section 108 of PD No. 1592, otherwise known as the Property


Registration Decree, no erasure alteration, or amendment shall be made upon
the registration book after the entry of a certificate of title except upon order of
the proper Regional Trial court;

WHEREFORE, premises considered, it is most respectfully prayed that after hearing


judgment be rendered by this Honorable Court, granting the petition by allowing the
reconstitution of the technical description of the property covered by OCT no. P-7820,
from graphical to numerical based on the numerical technical description which is
hereto attached, duly approved and verified correct by the Chief Surveys and Mapping
Division of the Technical Services, DENR Region V, Legaspi City and verified as such by
the OIC, Asst. Regional Director, so that the same certificate may now be consolidated
and transferred in the name of the herein petitioner as the new owner thereof;

Such other reliefs are also prayed for.

Daet, camarines Norte, November 7, 2017.


VERIFICATION AND CERTIFICATION
AGAINST FORUM SHOPPING

I, EMMA B.DOMINGONO, of legal age, and residing in Barangay V, Daet, Camarines


Norte, after having been duly sworn to in accordance with law depose and state that:

1. I am the petitioner in the above titled case; I caused the preparation of the
foregoing petition; I have read and fully understood its contents; that the
allegations therein are true and correct based on my own personal knowledge
and authentic records;
2. That I have not commenced any action or proceedings involving the same issues
before any court, tribunal or quasi-judicial agency; to the best of my knowledge,
no such action or proceeding is pending therein; if I should hereafter learn that
the same or similar action is filed or is pending, I shall report such fact within
five (50) days there from to this court;
In witness whereof, I have hereunto affixed my signature this 7th day of November
2017, in Daet, Camarines

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