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Republic of the Philippines Department of Justice LAND REGISTRATION AUTHORITY Registry of Deeds for the Province of Cebu

IN RE: IN THE MATTER OF RESOLVING THE QUESTIONS TO SUCH ACTIONS TAKEN BY THE CONCERNED REGISTER OF DEEDS CAUSING THE ENTRY OF TCT No.550 & TCT No.T-41364 to 41368 LRA Case No._________ JOVENCIO NARVIOS TECSON Petitioner x- - - - - - - - - - - - - - - - - - - - - - -x C O N S U L T A Petitioner, before this Honorable Land Registration Authority, thru the Register of Deeds for the Province of Cebu, and pursuant to Sec.117 of PD 1529, as amended, most respectfully submits this Consulta as follows: 1 RE: ENTRY OF TCT No. 550 REPLACING TCT No. 22889 ON APRIL 9, 1948: a) Was the instrument executed by the owner(s) of TCT No. 22889 conveying or binding lot No.5571, duly registered as required by law? b) Was the owners duplicate copy of TCT No. 22889, filed and kept safe as evidence of authority to the concerned Register of Deeds to enter such certificate of title? 2 RE: ENTRY OF TCT No. T-41364 to 41368 REPLACING TCT No. 2112 (SUCCESSOR OF TCT No. 550) ON SEPTEMBER 20, 1977: a) Was a duly verified and approved subdivision plan of lot No. 5571, filed at the Register of Deeds pursuant to Sec.58 of the Land Registration Act? b) Was the instrument required to give effect to the judgment in Civil Case No.R-14471, CFI Cebu declaring TCT No. 2112 as valid, duly registered pursuant to Sec. 83 of the Land Registration Act? c) Was the Deed of Sale (Reentry No. 5285-V-14-D.B. September 20, 1977 at 11:00 A.M.) executed by the late Vicente Quijada on June 30, 1975, while Lot No. 5571 was under court litigation, sufficient in law and effective to convey to warrant registration? d) Did Lucilio de la Cerna, the one who entered such certificates, have the proper authorization to discharge the duties of the Register of Deeds? 3 FACTUAL AND LEGAL ANTECEDENTS: a) RE: TCT No.2112, ITS PREDECESSOR, & ORIGIN

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TCT No. 2112* (a transfer from TCT No. 550), was issued on March 13, 1954, covering the same Lot No. 5571, in the name of VICENTE QUIJADA married to Ceferina de la Cerna, resident of Capitol Site, Cebu City, by virtue of an extra judicial partition executed by Gregorio Quijadas widow and children.
(NOTE: *TCT No. 2112 was subjected to court litigationsee 3c below. It was cancelled last September 20, 1977 and being replaced by TCT No. T-41364 to 41368see 3d below)

TCT No. 550 (a transfer from a fantasized TCT No. 22889), was issued April 9, 1948 in the name of VICENTE QUIJADA married to Celestina de la Cerna & GREGORIO QUIJADA married to Rufina Caballes, with a discrete reservation, to wit: that [not pursuant to Sec.7 of

RA No.26 ] this certificate of title is [issued] without prejudice to any party whose right or
interest in the property was duly noted on the original of the herein cancelled [ not

reconstituted ] T.C.T. No. 22889 at the time it was lost or destroyed.


TCT No. 22889, apparently, is a phantom certificate of title, presumed to be issued validly to an unknown predecessor-in-interest of Vicente Quijada & Gregorio Quijada*; burned and destroyed during the last World War and hence, no certified true copy can be issued by the Registry of Deeds of Cebu Province**
(Note * see page 8 of a Decision in Civil Case No.R-14471, CFI, Cebu, November 10, 1976. ** see page3, paragraph B-12 of answering defendants Pre-Trial Brief in Civil Case No. 402, MTC, Minglanilla Cebu, filed January 14, 2002)

b)

RE: ORIGIN OF LOT No.5571, ITS TRANSFER, AND TCT No. T-34789: Lot No. 5571 contains an area of 3,481 square meters more or less. It is situated in the Municipality of Minglanilla, Province of Cebu, and one among several public lands which came from Original Certificate of Title No.188 at the Registry of Deeds for the Province of Cebu registered in the name of the Government of the Philippine Island, now the Republic of the Philippines; It was granted to GERTRUDES GITUABAN (deceased, 1944) of Poblacion, Minglanilla, Cebu by means of patentDeed of Conveyance No. 40918which was sent on January 30, 1937 to the Register of Deeds for the Province of Cebu for registration and issuance of the corresponding transfer certificate of title; Its records at the Bureau of Lands, Manila, and to its final conveyance (to the registered purchaser, the late GERTRUDES GITUABAN), were burned in September 1944, in the course of war operations by the United States Armed Forces. It was then reconstructed by the

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Bureau of Lands from the records existing in its provincial Agencies which include Sales Register of Friar Lands, and from other sources. TCT No.T-34789a transfer from the Original Transfer Certificate of Title No.188, covering the aforementioned lot*was entered on November 20, 1974 in the name of the late GERTRUDES GITUABAN, by virtue of an instrument (in connection with the reconstitution of the aforementioned Deed of Conveyance No. 40918) filed with the Register of Deeds Cebu City, by the Bureau of Lands, on October 16, 1974 in pursuant to Section 122 of the Land Registration Act.
(NOTE: * The lot now is surrounded by a fence made of barbed wire with bamboo post illegally constructed sometime in April, 2001 by a certain Benjamin Quijada, holder of a controversial TCT No.T-41366 that was issued September 20, 1977.

c)

RE: CIVIL CASE No. R-14471, CFI, CEBU, MAR. 17, 1975 TO NOV. 10, 1976: Barely four (4) months after the entry of TCT No. T-34789 in the name of Gertrudes Gituaban, certain spouses Vicente Quijada and Celestina de la Cerna filed on March 17, 1975 with CFI Cebu, Branch IV a complaint for Quieting of Title; Cancellation of Transfer Certificate of Title No.T-34789; and Damages; against Zacarias Gituaban Tecson (deceased, 1995, son of the late GERTRUDES GITUABAN), and the Register of Deeds for the Province of Cebu. Plaintiff Vicente Quijada believed that the register of deeds was negligent in issuing another title to Lot No. 5571 when there was already a title in his name. After hearing, or on November 10, 1976, a decision was rendered: declaring the plaintiffs Vicente Quijada and Celestina de la Cerna the rightful owners of lot No. 5571 and declaring transfer certificate of title No. 2112 (registered in the name of Vicente Quijada married to Ceferina de la Cerna), covering the same lot as valid; ordering the Register of Deeds of the Province of Cebu to cancel transfer certificate of title No.34789 issued in the name of Gertrudes Gituaban [without categorically declaring TCT No.T-34789 null and

void]; etc.
TCT No.T-34789; however, survived and remained subsisting as the deed or instrument required to give effect to the judgment* was never registered [this fact remained unknown

to herein petitioner up to January 2001].


(NOTE: * The judgment was barred by prescription on December 18, 1986, rendering it unenforceable and leaving a controversy with questionsnow one of the subjects of this Consultawhose answers only the record at Register of Deeds is capable of giving)

d)

RE: ENTRY OF TCT No.T-41364 to 41368 REPLACING TCT No. 2112

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TCT No.T-41364 to 41368 were deliberately issued by a certain Lucilio de la Cerna, who was neither the Register of Deeds nor the Deputy Register of Deeds [coincidentally of the

same family name with Vicente Quijadas wife, Celestina or Ceferina de la Cerna] to the five
(5) children of the late Vicente Quijada, on September 20, 1977 replacing the controversial TCT No. 2112. Such certificates were entered without due regards to the provisions of the Land Registration Act: there was no duly verified and approved subdivision plan of Lot No. 5571 fileda violation of Sec.58 of the Land Registration Act; then registering an instrument* insufficient in law and ineffective to convey as basis; and furthermore prejudicing TCT No.T-34789 which already covered Lot No.5571 (issued November 20, 1974).
(NOTE: * A Deed of Sale covering lot No. 5571 under TCT No. 2112, executed by Vicente Quijada on June 30, 1975 while the certificate was under court litigation, hence ineffective to convey).

e)

RE: CIVIL CASE No. 402, MTC MINGLANILLA, CEBU, SEPT 17, 2001 TO FEB. 14, 2002 After discovering the existence of TCT No.T-34789 on February 6, 2001, herein petitioner together with his two (2) brothers conducted site inspections and visual survey of the lot in the succeeding days. Surprisingly, sometime on April 2001, a perimeter fence was suddenly constructed enclosing the premises. It was later found out that the illegal act came out from the instructions of a certain Benjamin Quijada, holder of TCT No.T-41366. On May 25, 2001, herein petitioner, by mail, tried to get some comments with this honorable agency regarding a draft of complaint involving the controversy of Lot No. 5571. Two (2) months later, herein petitioner made a follow-up and further waited for another three (3) weeks for a response. None has arrived*.
(NOTE: *1st Indorsement by LRA to RD Cebu City Aug. 13, 2001; 2nd Indorsement by RD Cebu City to RD Cebu Province, Aug. 29, 2001; RD Cebu Province given 48 hrs to submit comments by LRA on February 5, 2002. To date none has arrived yet.)

Then on September 17, 2001, herein petitioner filed with MTC, Minglanilla, Cebu, a Forcible Entry case against Vicente Quijada Sr., and Benjamin Quijada [now a possessor in

bad faith of TCT No. T-41366].


Without giving the herein petitioner his day in court, the complaint was twice dismissed: one in January 17, 2002 and the other on February 14, 2002. Thus another unresolved controversy was left with serious questions [respectfully submitted for resolution through this

Consulta] whose answers only the record at Register of Deeds is capable of giving.

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f)

RE: THIS CONSULTA Two different complaints have been filed on different times by different persons with the different judicial courts; both desiring the same purpose, i.e. to resolve the controversy regarding ownership or possession of Lot No. 5571, yet, it seemed the process was being derailed: the decision in the first case was a bungler, while the second, forestallingallowing a volatile situation to grow wherein warring parties may at any time resort to drastic actions necessary to exercise or protect their rights. Breach of peace, criminal disorder, violence or terror could erupt anytime. But, before bringing again the same controversy to judicial court for the third time, or otherwise resorting to such uncivilized actions, herein petitioner would like to exhaust first all remedy available outside of judicial court, hence this Consulta.

4 SUPPORTING DOCUMENTS (see attached machine copies marked in accordance to herein paragraph numbers, and all made integral parts hereof): a) Transfer Certificate of Title No. 550 dated April 9, 1948; b) Transfer Certificate of Title No. 2112 dated March 13, 1952; c) Certification re: Deed of Conveyance No. 40918 dated October 10, 1974; d) Letter from the Bureau of Mines to the Register of Deeds dated October 16, 1974; e) Transfer Certificate of Title No. T-34789 dated November 20, 1974; f) Judgment in Civil Case No. R-14471, CFI Cebu dated December 16, 1976;

g) Transfer Certificate of Title No. T-41366 dated September 20, 1977; h) Order in Civil Case No. 420, MTC Minglanilla, Cebu dated February 14, 2002. 5 PRAYER: WHEREFORE, premises considered, it is most respectfully prayed that after hearing an order be entered: a) Resolving finally the dispute involving ownership of Lot No. 5571 by: i) Declaring the following Transfer Certificates of Title null and void: (1) TCT No. 550 issued in the name of Vicente Quijada and Gregorio Quijada; (2) TCT No. 2112 issued in the name of Vicente Quijada married to Ceferina de la Cerna; and (3) TCT No. T-41364 to 41368 issued in the name of Angelita, Vicente Jr., Benjamin, Estrella and Buenafe, all surnamed Quijada.

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ii) Directing the holders of TCT No. T-41364 to 41368 to surrender the owners duplicate copies of such certificates of title to the Register of Deeds, Cebu Province, for cancellation; and b) Requiring the Register of Deeds for the Province of Cebu to prepare and deliver to the petitioner the owners duplicate copy of TCT No. T-34789. Petitioner further prays for such other relief and remedies as may be deemed just and equitable under the premises.

JOVENCIO NARVIOS TECSON Barangay DAS, Toledo City, 6038 CEBU Tuesday, July 02, 2002 7:55 PM

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REPUBLIC OF THE PHILIPPINES City/Municipality of_____________ Province of ___________________ S.S.

VERIFICATION & CERTIFICATION I, JOVENCIO NARVIOS TECSON, of legal age, Filipino after having been duly sworn to in accordance with law, depose and say that: 1. I am the movant in the instant Consulta and I have caused the preparation and filing of the same, the contents of which I understood to be true and correct; 2. I certify that I have not filed a similar petition pending in any tribunal or agency involving the same issue and if I become aware of the pendency of the same petition with the tribunal or agency, I obligate to inform this Honorable Office of the pendency of said petition within five (5) days from notice thereof.

JOVENCIO NARVIOS TECSON Petitioner

SUBSCRIBED AND SWORN TO before me this ____ day of ______________, 2002

Doc. No._______ Page No._______ Book No._______ Series of _______

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REPUBLIC OF THE PHILIPPINES City/Municipality of_____________ Province of ___________________ S.S.

AFFIDAVIT I, JOVENCIO NARVIOS TECSON, Filipino, of legal age, married, and a resident of Brgy. DAS, Toledo City, Philippines after having been duly sworn in accordance with law, depose and state: 1. That I am the petitioner in the instant Consulta; 2. That I am a successor in interest of parcel of land more particularly described under Transfer Certificate of Title No. T-34789 registered in the name of Getrudes Gituaban at the Register of Deeds, Province of Cebu; 3. That such land (Lot No. 5571) is covered by Tax Declaration No.0128-00230 at the Municipality of Minglanilla, Cebu, and is not delinquent of taxes; 4. That the owners duplicate of said Transfer Certificate of Title No. T-34789 was not issued to the grantee as she has long been dead since 1944; 5. That I am executing this affidavit in connection with my petition for: resolution of questions relevant to the entries of Transfer Certificate of Title No. 550 and Transfer Certificates of Title No. T-41364 to 41368 at the Registry of Deeds, Cebu Province; administrative remedy of the existing controversy on the ownership of Lot No. 5571; and issuance of the owners duplicate copy of Transfer Certificate of Title No. T-34789 Further affiant sayeth not.

JOVENCIO NARVIOS TECSON Petitioner

SUBSCRIBED AND SWORN TO before me this ____ day of ______________, 2002

Doc. No._______ Page No._______ Book No._______ Series of _______

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The Register of Deeds, Cebu Province Provincial Capitol Bldg, Cebu City GreetIngs! Please submit the foregoing Consulta for the consideration and approval of the Land Registration Authority Administrator on Thursday, July 18, 2002 at 9:30 AM, or as soon thereafter as petitioner may be heard.

JOVENCIO NARVIOS TECSON Barangay DAS, Toledo City, 6038 CEBU Thursday, July 04, 2002 12:44 AM

Copy Furnished: DELANO A. TECSON Counsel for the heirs of Gertrudes Gituaban 708-G, S.D. Tecson St. San Roque, Mambaling Cebu City