Republic of the Philippines

REGIONAL TRIAL COURT

7th Judicial Region
BRANCH 63
Bayawan City, Negros Oriental
Tel. (035) 430 – 0281 Local 1097
Email: [email protected]

IN RE: PETITION FOR THE

ISSUANCE OF NEW OWNER’S
CERTIFICATE OF TITLE OF PSU-
141328 WITH AN AREA OF 54,797
SQUARE METERS, MORE OR LESS
LOCATED AT MANINIHON,
BAYAWAN CITY, NEGROS
ORIENTAL, PHILIPPINES COVERED
BY TCT NO. FT-326 OF THE
REGISTRY OF DEEDS OF NEGROS
ORIENTAL IN LIEU OF THE LOST
ONE
LRC CASE NO.
137

JOSEFA M. TRIAS
(FOR HERSELF AND AS ATTORNEY-
IN-FACT FOR JONAS M. TRIAS,
JESU M. TRIAS, JOSELITO M. TRIAS
AND MA. JOAN M. TRIAS)

Petitioners,

REGISTRY OF DEEDS FOR THE

PROVINCE OF NEGROS ORIENTAL,
Public Respondent.
x------------------------------------------------------------------------x

FORMAL OFFER OF EXHIBITS

(FOR THE PETITIONERS)

PETITIONERS, by counsel and before this Honorable Court, most

respectively manifest and offer the following exhibits as evidence for the Petitioners:

EXHIBIT/S DESCRIPTION/S
A Page 1 of the Third Amended Petition
dated September 29, 2022.
A-1 Page 2 of the Third Amended Petition

Forma Offer 1 | P a g e
 dated September 29, 2022.
A-2 Page 3 of the Third Amended Petition
dated September 29, 2022.
A-3 Page 4 of the Third Amended Petition
dated September 29, 2022.
A-4 Page 5 of the Third Amended Petition
dated September 29, 2022.
A-4-a Name and Signature of the Petitioner
A-4-b Proof of compliance that Third Amended
Petition with its Annexes were sent to
the Register of Deeds of Negros
Oriental with Registry Receipt No. RE-
613 569 605 ZZ dated October 3, 2022.
A-4-c Proof of compliance that Third Amended
Petition with its Annexes were sent to
the Land Registration Authority with
Registry Receipt No. RE-613 569 596
ZZ dated October 3, 2022.
B Page 1 of the Order to cause the
posting dated January 19, 2023.
B-1 Page 2 of the Order to cause the
posting dated January 19, 2023.
B-2 Page 3 of the Order to cause the
posting dated January 19, 2023.
C Proof of compliance of court order to
send copy of the Third Amended
Petition with its Annexes to the Land
Registration Authority (LRA) dated
February 10, 2023, with Registry
Receipt No. RE 660 222 712 ZZ.
C-1 Proof of compliance of court order to
send copy of the Third Amended
Petition with its Annexes to the Register
of Deeds of Negros Oriental (ROD)
dated February 10, 2023, with Registry
Receipt No. RE 660 222 730 ZZ.
D Certification of Posting at the Bulletin
Board of the City Hall, Bayawan City,
Negros Oriental dated January 26,
2023, issued by Corazon P. Lirazan,
City Administrator.

D-1 Certification of Posting at the Bulletin

Board of the Provincial Government of
Negros Oriental, Capitol Building,
Dumaguete City, Negros Oriental dated
February 9, 2023 issued by Atty.

Forma Offer 2 | P a g e
 Richard R. Enojo, Provincial
Administrator.
D-2 Certification of Posting at the Bulletin
Board of Barangay Maninihon, Bayawan
City, Negros Oriental dated March 13,
2023 issued by Hon. Edgar A. Baldado,
Barangay Captain.
D-3 Certifications of Posting at the Bulletin
Board of Regional Trial Court, Branch
63, Bayawan City, Negros Oriental
dated March 3, 2023 issued by Glenn L.
Namol, OIC Clerk of Court/Sheriff
Designate.
D-4 Page 1 of Pictures of posting in the site
itself of the subject lot.
D-4-a Page 2 of Pictures of posting in the site
itself of the subject lot.
D-4-b Page 3 of Pictures of posting in the site
itself of the subject lot.
D-5 Affidavit of Compliance dated June 9,
2023 executed by Glenn L. Namol, OIC
Clerk of Court/Sheriff Designate, RTC,
Branch 63, Bayawan City, Negros
Oriental.
E Proof of Compliance that the Petition
with its Annexes and the Order-
Notification was sent to the registered
owners, Sps. Albino Teves and Luz V.
Teves on February 10, 2023 with
Registry Receipt No. RE 660 222 726
ZZ.
E-1 Proof of Compliance that the Petition
with its Annexes and the Order-
Notification was sent to the adjacent lot
owners, Heirs of Enrique Navarra (Lot
No. 208-E) on February 10, 2023 with
Registry Receipt No. RE 660 222 757
ZZ.
E-2 Proof of Compliance that the Petition
with its Annexes and the Order-
Notification was sent to another
adjacent lot owner, Anaclita Feril (Lot
No. 211) on February 10, 2023 with
Registry Receipt No. RE 660 222 774
ZZ.
E-3 Proof of Compliance that the Petition
with its Annexes and the Order-
Notification was sent to another
Forma Offer 3 | P a g e
 adjacent lot owner, Cristina
Duhaylungsod (Lot No. 180) on
February 10, 2023 with Registry Receipt
No. RE 660 222 765 ZZ.
E-4 Proof of Compliance that the Petition
with its Annexes and the Order-
Notification was sent to another
adjacent lot owner, Francisco
Genciagan (Lot No. 207) on February
10, 2023 with Registry Receipt No. RE
660 222 743 ZZ.

All the above document and sub markings are offered to prove compliance of
court orders and jurisdictional requirements.

EXHIBITS DESCRIPTION/S PURPOSE/S

F State of Florida Apostille
F-1 Special Power of Attorney To prove that Petitioner,
executed by Jesu M. Trias Jesu M. Trias appoints
dated June 14, 2023. Josefa M. Trias as his
Attorney-in-Fact to
perform acts and
represents him in this
instant petition.
F-2 Page 2 of the Special
Power of Attorney
executed by Jesu M. Trias
dated June 14, 2023.
F-3 Florida Department of
State Memorandum dated
June 29, 2023.
F-4 Passport of Jesu M. Trias
number P2791323C.
F-5 Driver’s License T620-
433-75-448-0.
G Special Power of Attorney To prove that Petitioners,
executed by Jonas M. Jonas M. Trias, Joselito
Trias, Joselito M. Trias M. Trias and Ma. Joan M.
and Ma. Joan M. Trias Trias appoint Josefa M.
dated June 30, 2021. Trias as their Attorney-in-
Fact to perform acts and
represents them in this
instant petition.
H Certified True Copy of To prove the existence of
Transfer Certificate of Transfer Certificate of
Title No. 326 of the Title No. 326 in the
Registry of Deeds for the government record and to
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 Province of Negros prove the annotation of
Oriental and its Affidavit of Loss in the
annotation. said title.
H-1 Page 2 of the Certified
True Copy of Transfer
Certificate of Title No. 326
H-2 Page 3 of the Certified
True Copy of Transfer
Certificate of Title No. 326
H-3 Page 4 of the Certified
True Copy of Transfer
Certificate of Title No. 326
H-4 Page 5 of the Certified
True Copy of Transfer
Certificate of Title No. 326
H-4-a Memorandum of
To prove the annotation of
Encumbrances Affidavit of Loss in
Transfer Certificate of
Title No. 326 dated
October 4, 2021 with
Entry No. 2021003505.
I Deed of Absolute Sale To prove that Petitioners
dated April 13, 2021 at Jonas M. Trias, Jesu M.
Quezon City Trias, Joselito M. Trias,
Ma. Joan M. Trias and
Josefa M. Trias are the
lawful co-owners of a
certain parcel of land
known as Psu-141328
covered by Transfer
Certificate of Title No. FT-
326 of the Registry of
Deeds of Negros Oriental
containing an area of
FIFTY-FOUR
THOUSAND SEVEN
HUNDRED NINETY
SEVEN (54,797)
SQUARE METERS, more
or less located at
Maninihon, Bayawan City,
Negros Oriental,
Philippines as the
Vendees of the above
described property by
virtue of the Deed of
Absolute Sale dated April
13, 2021, Quezon City.
Forma Offer 5 | P a g e
I-1 Page 2 Deed of Absolute
Sale dated April 13, 2021
at Quezon City
I-2 Name and signature of
the vendors, Albino T.
Teves and Luz V. Teves
J Certificate of Authorizing To prove that Petitioner
Registration (eCAR) had processed the
registration and payments
of Capital Gain Tax and
Documentary Tax in the
Bureau of Internal
Revenue (BIR),
Dumaguete City and had
been issued tax clearance
relative to the transfer of
Transfer Certificate of
Title No. FT-326 to the
Petitioners/Vendees.
K Affidavit of Loss executed To prove that the Original
by Josefa M. Trias dated Transfer Certificate of
June 30, 2021. Title No. 326 was lost
while Petitioner Josefa M.
Trias was in transit from
Dumaguete City to
Bayawan City, both in
Negros Oriental and
diligent efforts were made
to locate the same but
proven futile.
K-1 Name and signature of
the Affiant
L Amended Judicial Affidavit To prove and to form part
of Josefa M. Trias dated of the direct testimony of
October 3, 2022, the witness; to prove that
Bayawan City, Negros petitioners Jonas M. Trias,
Oriental. Jesu M. Trias, Joselito M.
Trias, Ma. Joan M. Trias
and Josefa M. Trias are
lawful co-owners of a
certain parcel of land
known as Psu-141328
covered by Transfer
Certificate of Title No. FT-
326 of the Registry of
Deeds of Negros Oriental
containing an area of
FIFTY-FOUR
Forma Offer 6 | P a g e
 THOUSAND SEVEN
HUNDRED NINETY
SEVEN (54,797)
SQUARE METERS, more
or less located at
Maninihon, Bayawan City,
Negros Oriental,
Philippines as Vendees of
the above described
property by virtue of the
Deed of Absolute Sale
dated April 13, 2021,
Quezon City; to prove that
the owner’s duplicate
copy was surrendered to
petitioner Jonas M. Trias
after the consummation of
the sale; to prove that the
owner’s duplicate copy
was lost by petitioner
Josefa M Trias while
processing the
registration and payments
of Capital Gain Tax and
Documentary Tax in the
Bureau of Internal
Revenue (BIR), and
diligent efforts were made
to locate and was proven
futile; to prove that
petitioner Josefa M. Trias
executed an Affidavit of
Loss and caused its
annotation in the title
before the Register of
Deeds of Negros Oriental;
to prove that the title was
not surrendered to any
person for money and
consideration; and to
prove other related facts
and authenticate
documents.
L-1 Page 2 of the Amended
Judicial Affidavit of Josefa
M. Trias
L-2 Page 3 of the Amended
Judicial Affidavit of Josefa

Forma Offer 7 | P a g e
 M. Trias
L-2-a Name and signature of
the Affiant.
L-3 Page 4 of the Amended
Judicial Affidavit of Josefa
M. Trias
M Judicial Affidavit of Jonas To prove and to form part
M. Trias dated November of the direct testimony of
13, 2023, Bayawan City, the witness; to prove that
Negros Oriental. petitioners’ parents were
in possession of parcel of
land known as Psu-
141328 covered by
Transfer Certificate of
Title No. FT-326 of the
Registry of Deeds of
Negros Oriental
containing an area of
FIFTY-FOUR
THOUSAND SEVEN
HUNDRED NINETY
SEVEN (54,797)
SQUARE METERS, more
or less located at
Maninihon, Bayawan City,
Negros Oriental,
Philippines for quite long
time by virtue of oral sale
from the registered owner;
to prove that petitioners
exerted efforts to look
after the registered owner
for the confirmation of
sale; to prove that
petitioners Jonas M. Trias,
Jesu M. Trias, Joselito M.
Trias, Ma. Joan M. Trias
and Josefa M. Trias are
lawful co-owners of a
certain parcel of land
known as Psu-141328
covered by Transfer
Certificate of Title No. FT-
326 of the Registry of
Deeds of Negros Oriental
as Vendees by virtue of
the Deed of Absolute Sale
dated April 13, 2021,
Forma Offer 8 | P a g e
 Quezon City; to prove that
the owner’s duplicate
copy was surrendered to
petitioner Jonas M. Trias
after the consummation of
the sale; to prove that the
owner’s duplicate copy
was lost by petitioner
Josefa M Trias while
processing the
registration and payments
of Capital Gain Tax and
Documentary Tax in the
Bureau of Internal
Revenue (BIR), and
diligent efforts were made
to locate and was proven
futile; to prove that the
title was not surrendered
to any person for money
and consideration; and to
prove other related facts
and authenticate
documents
M-1 Page 2 of the Judicial
Affidavit of Jonas M. Trias
M-2 Page 3 of the Judicial
Affidavit of Jonas M. Trias
M-3 Page 4 of the Judicial
Affidavit of Jonas M. Trias
M-3-a Name and signature of
the Affiant
M-4 Page 5 of the Judicial
Affidavit of Jonas M. Trias
N Compliance in respect of Proof of Compliance that
the Order of the court the Petition with its
dated November 14, 2023 Annexes and the Order-
to send notices to the Notification was sent to
Sps. Albino Teves and the registered owners,
Luz V. Teves where the Sps. Albino Teves and
property is located, at Luz V. Teves to the place
Maninihon, Bayawan City, where the property is
Negros Oriental. located in Maninihon,
Bayawan City on
December 20, 2023 with
Registry Receipt No. RE
732 144 314 ZZ.
N-1 Compliance in respect of Proof of Compliance that
Forma Offer 9 | P a g e
 the Order of the court the Petition with its
dated November 14, 2023 Annexes and the Order-
to send notices to the Notification was sent to
Sps. Albino Teves and the registered owners,
Luz V. Teves to the last Sps. Albino Teves and
known address of the Luz V. Teves in their last
vendors in Negros known address in
Oriental, Poblacion, Poblacion, Bayawan City
Bayawan City, Negros on December 20, 2023
Oriental. with Registry Receipt No.
RE 732 144 328 ZZ.
N-2 Compliance in respect of Proof of Compliance that
the Order of the court the Petition with its
dated November 14, 2023 Annexes and the Order-
to send notices to the Notification was sent to
Sps. Albino Teves and the registered owners,
Luz V. Teves to the last Sps. Albino Teves and
known residence of the Luz V. Teves in the
vendors, Nicarlan, residence specified in the
Laguna. Deed of Absolute Sale in
Nacarlan, Laguna on
December 20, 2023 with
Registry Receipt No. RE
732 144 331 ZZ.
O Government Identification To prove that witness is
Card of Carla Mae L. the representative of the
Mora, representative of Register of Deeds of
Registry of Deeds (ROD). Province of Negros
Oriental; to prove that
Psu-141328 covered by
Transfer Certificate of
Title No. FT-326 of the
Registry of Deeds of
Negros Oriental is intact
and in the possession of
the Register of Deeds of
Negros Oriental, and to
prove related facts and
authenticate documents.
O-1 Signature.

WHEREFORE, it is most respectfully prayed to this Honorable Court that the

above Exhibits “A, B, C, D, E, F, G, H, I, J, K, L, M, N and O and their respective sub-
marking” be ADMITTED and an Order be issued declaring the lost owner’s duplicate
as null and void and without further force and effect and directing the Register of
Deeds of Negros Oriental to issue a 2nd Owner’s Duplicate Copy for Certificate of
Title of Psu-141328 with an area of FIFTY FOUR THOUSAND SEVEN HUNDRED

Forma Offer 10 | P a g e
NINETY-SEVEN (54,797) SQUARE METERS, more or less located at Maninihon,
Bayawan City, Negros Oriental, Philippines covered by Transfer Certificate of Title
No. FT-326 of the Registry of Deeds of Negros Oriental in the name of same
registered owner Albino Teves upon payment of the prescribed fees.

Such other just and equitable remedies are likewise prayed.

RESPECTFULLY SUBMITTED.

14 May 2024. Bayawan City, Negros Oriental, Philippines.

ATTY. CELESTE ANN G. LAURE-CAPILLA, REA, REB

Counsel for the Petitioners
Roll No. 67858
PTR No. 2409395/01/04/2024/Bayawan City
IBP Lifetime Membership No. 018110/10/18/17/Pasig City
MCLE Compliance No. VII-0010182/02/16/22/Pasig City
Bayawan City, Neg. Or. Philippines

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