REPUBLIC OF THE PHILIPPINES

 NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH __, MARIKINA

IN RE: PETITION FOR CORRECTION

OF ENTRY IN THE TRANSFER OF
CERTIFICATE OF TITLE NO. 12345

ELIZABETH GARNER
 Petitioner,

- versus - LRC Case No. ____  

 For: Correction of Entry under
Section 108, P.D. 1529

THE REGISTRY OF DEEDS OF

MARIKINA, METRO MANILA

 Respondent.
x--------------------------------------------------------------x

PETITION FOR CORRECTION OF ENTRY IN THE TRANSFER OF

CERTIFICATE OF TITLE

PETITIONER, through undersigned counsel unto to this

Honorable Court, respectfully alleges:
 

1.  EG, Filipino, single, of legal age and with a postal address at 24
Cucumber Street, Valle Verde 5, Pasig, Metro, Manila. 

2.  The Registry of Deeds of Marikina City, Metro Manila is being

impleaded herein as nominal party and for complete determination of

the instant case. It may be served with summons and processes of the
Honorable Court at 163 J.P. Rizal St., Nangka, Marikina City, Metro,
Manila.

CAUSES OF ACTION

3.  EG is the lawful owner of Lot 5 Blk.5 Sta. Monica 1, Monserrat St.
Mission Hills, Colaique, Antipolo, Rizal.

4.  Lawful ownership of the petitioner is evidenced by the Transfer of

Certificate of Title No. 12345 issued by the Registry of Deeds of
Marikina confirmed by the Land Registration Authority 1  and a Tax
Declaration No. AP-001-14905 issued by City of Antipolo, Office of
the City Assessor.2 

5.  Survey Plan of Lot 5 ______________ 3  provides the following

specifications:

xxx

LOT 5 BLOCK 5
1-2  N 75-58 W 28.89 m
2-3  N 17-13 E 18.32 m
3-4 S 75-58 E 27.88 m
4-1 S 14-02 W 18.30 m
Tie Line From BLLM No.1,

Bearings Distances
BDRY S 12-15 W 3,155.74 m

1
“Annex A” 
 Copy of TCT No. 12345is hereto attached as “Annex
2 Copyof Tax Declaration No.  ____________ is hereto attached as “Annex
“ Annex B” 
“Annex C” 
3
 Copy of Survey Plan of Lot 5 ________________ is hereto attached as “Annex
 

SITUATED IN THE

URBAN CODE :
BARANGAY OF : COLAIQUE
MUN./CITY OF : ANTIPOLO

PROVINCE OF : RIZAL
ISLAND OF : LUZON

CONTAINING COMBINED AREA OF 1 SQ M.

ZONE NO.:
PPCS  –  PTM/PRS
 PTM/PRS 92;
BEARINGS : GRID/
SCALE 1:200

xxx

6.  The Survey Plan was prepared by Engr. Ello on 02 October 1908 and
was duly approved by the DENR on (date), comprising several
subdivided lots with corresponding Technical Descriptions in the
Transfer Certificate of Title.

7.  While in Transfer of Certificate of Title No. 12345 the same was
describe as follows:
xxx

TCT No. : 12345 

Lot No. :X
Block No.  :v
Plan No.  : _________
Location: Barangay of Colaique
City of Antipolo
Province of Rizal
Island of Luzon\

Boundaries

Line Direction Adjoining Lot (S)

1-2 SW Lot 7 Blk. 5
 

  2-3 NW by Road Lot 2

3-4 NE Lot 3 Blk. 5
4-1 SE Lot 6 Blk. 6

Tie Point: BLLM No.1, Antipolo, Rizal 

Rizal

Line Bearing Distances

To Corner 1 S. 12°-15 W 3,155.74 m.

1-2 N. 75°-58 W 28.89 m.

2-3 N. 17°-13̀  E 18.32 m.
3-4 S 75°-58 E 27.88 m.
4-1 S. 14°-02 W 18.30 m.

Area: FIVE HUNDRED NINETEEN (519) SQUARE METERS

Description of Corners: All points are referred on the Plan by

P.S. Cyl. Conc. Mons 15x60 cms.

Bearings: True
Declination: 
Date of Original Survey:  ____________-_____  
 ____________-_____ 
Date of Subd/Cons Survey:  ____________-_____
 ____________-_____
Date of Approved Survey:  ____________-_____ 
 ____________-_____  

8.  Section 108, P.D. No. 1529 provided as follows:

xxx 

Section 108.  Am

 A mend
ndmment and alte
lter ati on of certifi
certifi cates. No erasure,
alteration, or amendment shall be made upon the registration book
after the entry of a certificate of title or of a memorandum thereon
and the attestation of the same by the Register of Deeds, except by
order of the proper Court of First Instance. A registered owner or
other person having interest in the registered property, or, in proper
cases, the Register of Deeds with the approval of the Commissioner of
Land Registration, may apply by petition to the court upon the
ground that  the registered interest of any description, whether vested,
contingent, expectant or inchoate appearing on the certificate, have
terminated and ceased;  or that new interest not appearing upon the

certificate
was made have arisen or
in entering been created;
a certificate or that
or any an omission
memorandum or an , error
thereon or on
 

any duplicate certificate: or that the same or any person in the certificate
has been changed or that the registered owner has married, or, if registered
as married, that the marriage has been terminated and no right or interest
of heirs or creditors will thereby be affected; or that a corporation which
owned registered land and has been dissolved has not yet convened the
same within three years after its dissolution; or upon any other
reasonable ground;  and the court may hear and determine the
petition after notice to all parties in interest, and may order the entry
or cancellation of a new certificate, the entry or cancellation of a
memorandum upon a certificate, or grant any other relief upon such
terms and conditions, requiring security and bond if necessary, as it may
consider proper; Provided, however, That this section shall not be
construed to give the court authority to reopen the judgment or decree of
registration, and that nothing shall be done or ordered by the court which
shall impair the title or other interest of a purchaser holding a certificate
for value and in good faith, or his heirs and assigns without his or their
written consent. Where the owners duplicate certificate is not presented, a
similar petition may be filed as provided in the preceding
pre ceding section.

All petitions or motions filed under this section as well as any other
 provision of this decree after original registration shall be filed and
entitled in the original case in which the decree of registration was
entered.
xxx
(Emphasis and underscore ours)

PRAYER

WHEREFORE, it is respectfully prayed that the petition be granted

and the Registry of Deeds be ordered to
 ______________________________ 
 __________________________ ____  respectively
  respectively pursuant to the Technical
Descriptions duly approved by the Department of Natural Resources.

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

Mandaluyong City for Manila, 26 September 2018.