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  • Petition - Lost Title - Richelle

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    1) Richelle and Modesto Dela Cruz filed a petition to replace their lost owner's duplicate copy of Title No. 042-2017008172 for their 80 sqm property in Apalit, Pampanga. 2) They kept the title in their home but could no longer find it after searching diligently. 3) They reported the loss to the Registry of Deeds and seek a court order to replace the lost title, as they plan to sell the property.

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    1) Richelle and Modesto Dela Cruz filed a petition to replace their lost owner's duplicate copy of Title No. 042-2017008172 for their 80 sqm property in Apalit, Pampanga. 2) They kept the title in their home but could no longer find it after searching diligently. 3) They reported the loss to the Registry of Deeds and seek a court order to replace the lost title, as they plan to sell the property.

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    84 views4 pages

    Petition - Lost Title - Richelle

    Uploaded by

    roxsanne capati
    1) Richelle and Modesto Dela Cruz filed a petition to replace their lost owner's duplicate copy of Title No. 042-2017008172 for their 80 sqm property in Apalit, Pampanga. 2) They kept the title in their home but could no longer find it after searching diligently. 3) They reported the loss to the Registry of Deeds and seek a court order to replace the lost title, as they plan to sell the property.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
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    of 4

    REPUBLIC OF THE PHILIPPINES

    REGIONAL TRIAL COURT


    THIRD JUDICIAL REGION
    BRANCH _____
    MACABEBE, PAMPANGA

    IN RE: PETITION FOR THE


    REPLACEMENT OF LOST
    OWNER’S DUPLICATE COPY
    OF TRANSFER CERTIFICATE
    OF TITLE NO. 042-2017008172 OF
    THE REGISTRY OF DEEDS OF
    PAMPANGA PURSUANT TO
    SECTION 109 OF P.D. 1529.

    RICHELLE N. DELA CRUZ,


    herein acting for herself and in
    behalf of her husband MODESTO
    N. DELA CRUZ,
    Petitioner,

    - versus - LRC CASE NO.

    THE REGISTER OF DEEDS OF


    PAMPANGA,
    Respondent.
    x------------------------x

    PETITION

    Petitioner, through counsel and unto the Honorable Court, respectfully


    alleges that:

    1. This is a verified petition for the replacement of the owner’s


    duplicate copy of Transfer Certificate of Title No. 042-2017008172 of the
    Registry of Deeds of Pampanga in lieu of the lost one pursuant to Section
    109 of Presidential Decree No. 1529.

    2. Petitioner is of legal age, married, Filipino and presently


    residing at Block 1, Lots 6 & 7, Phase I, Royal Family Homes, San Vicente,
    Apalit, Pampanga where she may be served with processes. Petitioner is
    herein acting for herself and in behalf of her husband Modesto N. Dela Cruz
    who is an Overseas Filipino Worker in Seoul, South Korea, as per the
    corresponding Special Power of Attorney (copy made Annex “A”) executed
    by said Modesto N. Dela Cruz.

    3. Respondent Registry of Deeds of Pampanga is impleaded in its


    official capacity and it has office address at LRA Building, Provincial
    Capitol Compound, City of San Fernando, Pampanga where it may be
    served with legal processes.

    4. Petitioner and her husband are the absolute and registered


    owners of a parcel of land containing an area of eighty (80) square meters,
    more or less, located in San Vicente, Apalit, Pampanga and covered by
    Transfer Certificate of Title No. 042-2017008172 of the Registry of Deeds
    of Pampanga (copy made Annex “B”).

    5. Petitioner and her husband built a house in the said parcel of


    land sometime in 2017. They kept their valuables including the owner’s
    duplicate copy of Transfer Certificate of Title No. 042-2017008172 in the
    said house.

    6. Sometime in September 2019, petitioner looked for the said


    owner’s duplicate copy of the title because they are planning to sell the
    house and lot.

    7. However, despite diligent search, petitioner and her husband


    can no longer find the said owner’s duplicate copy of Transfer Certificate of
    Title No. 042-2017008172.

    8. In most probability, the said owner’s duplicate copy of Transfer


    Certificate of Title No. 042-2017008172 was misplaced and its whereabouts
    is now unknown.

    9. As the owner’s duplicate copy of Transfer Certificate of Title


    No. 042-2017008172 could no longer be found, petitioner executed an
    Affidavit of Loss on October 24, 2019 (copy made Annex “C”) and
    reported the fact of loss of the said owner’s duplicate copy of the title to the
    Registry of Deeds of Pampanga.

    10. An original copy of Transfer Certificate of Title No. 042-


    2017008172 is existing and intact in the office of the Registry of Deeds of
    Pampanga and, accordingly, the Affidavit of Loss was duly annotated
    thereon as Entry No. 2019019214 (please see Annex “B”).

    11. Petitioners have the legal interest to file and pursue this instant
    petition, being the absolute and registered owners of the property covered by
    the lost owner’s duplicate copy of the title.
    12. The lost owner’s duplicate copy of Transfer Certificate of Title
    No. 042-2017008172 or the property it covers is not the subject of any
    existing mortgage, pledge or any other lien to serve as security for any
    obligation.

    13. Neither has the owner’s duplicate copy of Transfer Certificate


    of Title No. 042-2017008172 been surrendered to or confiscated by any
    private person or entity or any government agency prior to its lost.

    14. The property covered by Transfer Certificate of Title No. 042-


    2017008172 is declared for taxation purposes in the names of the owners,
    the petitioners herein, as per Tax Declaration No. GR2020-01-009-05124
    (copy made Annex “D”) and all property taxes due thereon have been paid
    as evidenced by Tax Certification dated November 29, 2019 issued by the
    Office of the Municipal Treasurer of Apalit, Pampaga (copy made Annex
    “E”).

    RELIEF

    WHEREFORE, petitioners respectfully pray that after due notice and


    hearing, judgment be rendered:

    a. Declaring as null and void the lost owner’s


    duplicate copy of Transfer Certificate of Title No. 042-
    2017008172; and

    b. Directing the respondent Register of Deeds of


    Pampanga to issue a replacement copy of the lost owner’s
    duplicate copy of Transfer Certificate of Title No. 042-
    2017008172 which shall in all respects be entitled to like faith
    and credit as the original copy existing in its office.

    Petitioners likewise pray for such other reliefs that are just and
    equitable under the premises.

    Apalit for Macabebe, Pampanga, _____________________.

    A.C. BENOZA LAW OFFICE


    Counsel for Petitioners
    Gonzales Ave., San Vicente,
    2016 Apalit, Pampanga, Philippines
    Tel. No. (0933) 864-0871
    [email protected]
    By:

    ARAMIS C. BENOZA
    Roll No. 41851
    PTR No. 2202986, 1/3/2019, OPT Pampanga
    IBP No. 061506, 12/14/2018, MD 2019 Pampanga
    MCLE No. VI-0009865, 7/3/2018,
    Pasig City, Valid Until April 14, 2022

    and

    JEROME MICHAEL Y. MERCADO


    Roll No. 60709
    PTR No. 2495786, 1/8/2019, OPT Pampanga
    IBP No. 097721, 1/4/2019, Pampanga
    MCLE No. VI-0009992, 7/3/2018,
    Pasig City, Valid Until April 14, 2022

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