REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT

QUEZON CITY, BRANCH

IN RE: PETITION FOR THE

RECONSTITUTION OF TRANSFER
CERTIFICATE OF TITLE
NO. 258344 ISSUED BY THE
REGISTER OF DEEDS FOR THE
QUEZON CITY

LRC NO.

QUEZON CITY GOVERNMENT, herein

represented by the HONORABLE CITY
MAYOR HERBERT CONSTANTINE M.
BAUTISTA,
Petitioner.

-versus-

ROYAL MONARCH REAL ESTATE

CORP. and the REGISTER OF DEEDS
FOR THE QUEZON CITY,

Respondents.

X------------------------------------X
 PETITION

Petitioner Quezon City Government, represented by the Honorable

City Mayor Herbert Constantine M. Bautista, hereafter, “Petitioner Quezon
City”, by counsel, unto this Honorable Court, most respectfully alleges:

1. Petitioner Quezon City is a local government unit and may be

served with pleadings, notices, and other processes of the Honorable Court
through its undersigned counsel at 7th floor, Quezon City Hall Main
Building, Diliman, Quezon City and/or through the undersigned counsel in
the address written below.

2. Respondent Royal Monarch Real Estate Corp., hereafter, “Royal

Monarch Real Estate Corp.”, is a juridicial entity organized and existing
under the laws of the Republic of the Philippines, with address at 94 4th St.
New Manila, Quezon City.

3. The Register of Deeds for the Quezon City is a government agency

with office at LRA Compound, East Avenue, Quezon City.

4. Petitioner Quezon City was declared the highest bidder of a parcel

of land identified as residential and described as Lot No. 12 Blk. 19 PCS-
04-000208, containing an area of two hundred (200) square meters, more
or less, located at Barangay Kaligayahan, Quezon City, hereafter, “Subject
Property”, in a public auction for non-payment of real property taxes by
Quezon City held last December 15, 2006. After the lapse of the
redemption period and the registered owner or any person having legal
interest therein did not exercise the right of redemption, Petitioner Quezon
City was issued a Certificate of Sale[1].

5. The Subject Property is covered by and more particularly described

under Transfer Certificate of Title (TCT) No. 258344, hereafter, “Subject
Title”, as follows:

“Survey Plan No. : PCS-04-000208

Block No. : 19

Lot No. : 12

Portion of : Lots 187,192,193,382,383,384,491,

& 802, Tala Estate & Lot 1064 – C,

Psd-36854

LRC Record No. : 6563

Land Owner/ : Azucena T. Reyes, Et. Al.

Claimant

Location : District of Novaliches

Quezon City

Metro Manila

Boundaries :

Line Direction Adjoining Lots/Features

1-2 SE Lot 11, Block 19, Pcs-04-

000208

2-3 SW Lot 745, Tala Estate

 3-4 NW Lot 13, Block 19, Pcs-04-000208

4-1 NE Road Lot 14, Pcs-04-000208

Tie point : LM 2, Tala Estate

Lot Description :

Line Bearing Distance

Tie Line-1 N. 07 deg. 45’ W., 850.03 m.

1-2 S. 24 deg. 50’ W., 20.00 m.

2-3 N. 65 deg. 10’ W., 10.00 m.

3-4 N. 24 deg. 50’ E., 20.00 m.

4-1 S. 65 deg. 10’ E., 10.00 m.

Area : Two Hundred (200)

square meters, more or less

Description of

Corners : PS cyl. Conc. Mons. 15 x 60 cm

Bearings : True

Date of Original

Survey : September 1907-March 1908

Date of subdivision

Survey : January 15-May 1, 1978

Date Approved : November 16, 1978

 Geodetic Engineer : Renato F. Sevilla

Based on the certification dated March 16, 2018 issued by the

Registry of Deeds for the Quezon City[2], however, the original of the
Subject Title could not be located in the files of the said registry of deeds
despite earnest and diligent efforts and is presumed to be lost for all intents
and purposes.

6. As to the owner’s duplicate copy of the Subject Title, Petitioner

Quezon City wrote a letter to Respondent Royal Monarch Real Estate
Corp., demanding for the surrender of the owner’s duplicate copy of the
Subject Title but to no avail[3].

7. The adjoining lot owners of the Subject Property are as follows[4]:

Northeast : MOLAVE STREET

Southeast : Lot-11 Block- 19 PCS-04-

000208, declared under T.D.#F-046-03864 ROYAL
MONARCH REAL ESTATE, CORPORATION #94
4th St., New Manila, Quezon City

Southwest : Lot-745-A, PSD-7889,

declared under T.D.#F-095-01319 GENERAL
FABRIKOID MFG, INC. #122 Susano St., San
Agustin, Novaliches, Quezon City
 Northwest : Lot-13, Block-19, PCS-04-
000208, declared under T.D.# 046-03862 ROYAL
MONARCH REAL ESTATE CORPORATION #94
4th St., New Manila, Quezon City

8. In support of this Petition, the following documents are attached and

made integral parts hereof:

a) Certified true copy of the approved Subdivision Plan of PCS-

04-000208 issued by the Department of Environment and Natural
Resources (DENR- NCR);

b) Certified true copy of the verified and approved Technical

Description[5] of the Subject Property issued by the Department
of Environment and Natural Resources (DENR-NCR);

c) Certified true copy of Tax Declaration No. F-046-03863 issued

by the City Assessor’s Office of Quezon City[6]; and

d) Certified true copy of the Certificate of No Improvement issued

by the City Assessor’s Office of Quezon City[7].

9. Under Section 110 of Presidential Decree 1529, otherwise known as

the Property Registration Decree, it is provided:
“Section 110. Reconstitution of lost or destroyed original of Torrens
title. — Original copies of certificates of title lost or destroyed in the
offices of Register of Deeds as well as liens and encumbrances
affecting the lands covered by such titles shall be reconstituted
judicially in accordance with the procedure prescribed in Republic Act
No. 26 insofar as not inconsistent with this Decree. The procedure
relative to administrative reconstitution of lost or destroyed certificate
prescribed in said Act is hereby abrogated.

x x x”

10. It should be noted as well that pursuant to Section 107 of the

Property Registration Decree, any party or registered owner who withholds
a duplicate certificate of title may be compelled to surrender the same to
the Register of Deeds, to quote:

“Section 107. Surrender of withhold duplicate certificates. — Where it

is necessary to issue a new certificate of title pursuant to any
involuntary instrument which divests the title of the registered owner
against his consent or where a voluntary instrument cannot be
registered by reason of the refusal or failure of the holder to surrender
the owner's duplicate certificate of title, the party in interest may file a
petition in court to compel surrender of the same to the Register of
Deeds. The court, after hearing, may order the registered owner or
any person withholding the duplicate certificate to surrender the
same, and direct the entry of a new certificate or memorandum upon
such surrender. If the person withholding the duplicate certificate is
not amenable to the process of the court, or if not any reason the
outstanding owner's duplicate certificate cannot be delivered, the
court may order the annulment of the same as well as the issuance of
a new certificate of title in lieu thereof. Such new certificate and all
duplicates thereof shall contain a memorandum of the annulment of
the outstanding duplicate.”
 11. Section 2 of the Property Registration Decree provides that regional
trial courts have exclusive jurisdiction over all applications for original
registration of titles to lands, including improvements and interest therein
and over all petitions filed after original registration of title, with power to
hear and determine all questions arising upon such applications or
petitions. The above provision has eliminated the distinction between the
general jurisdiction vested in the regional trial court and the limited
jurisdiction conferred upon it by the former law when acting merely as a
cadastral court. Aimed at avoiding multiplicity of suits the change has
simplified registration proceedings by conferring upon the regional trial
courts the authority to act not only on applications for original registration
but also over all petitions filed after original registration of title, with power
to hear and determine all questions arising upon such applications or
petitions.[8]

12. In the case of Ligon vs. Court of Appeals (G.R. No. 107751, June
1, 1995), the Supreme Court held that since Regional Trial Courts are
courts of general jurisdiction; they may therefore take cognizance of this
case pursuant to such jurisdiction. Even while Sec. 107 of P.D. 1529 speaks
of a petition which can be filed by one who wants to compel another to
surrender the certificates of title to the Register of Deeds, this does not
preclude a party to a pending case to include as incident therein
the relief stated under Sec. 107, especially if the subject
certificates of title to be surrendered are intimately connected
with the subject matter of the principal action. This principle is
based on expediency and in accordance with the policy against multiplicity
of suits.

13. In the said case, the principal action is one for specific performance
with damages and the plaintiff therein merely moved for the surrender of
the title without filing a separate petition contemplated by Sec. 107 of P.D.
1529. Nonetheless, the Supreme Court declared it as a proper procedural
remedy since the subject certificates of title to be surrendered are
intimately connected with the subject matter of the main action.

14. In the present case, the principal action is for the reconstitution of
the original of the Subject Title and the ancillary relief being prayed for is for
the surrender of the owner’s duplicate copy of the Subject Title. Clearly,
both are intimately connected. Thus, the principle laid down in the Ligon
case is applicable, so that the policy against multiplicity of suits shall be
upheld and expediency shall be achieved.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed

that, after notice and hearing, an order be issued as follows:

1) Ordering the Register of Deeds for Quezon City to

reconstitute the original of the Subject Title, in the same form
as the lost original copy of the Subject Title;

2) Ordering Respondent Royal Monarch to surrender the

owner’s duplicate copy of the Subject Title to the Register of
Deeds within a period deemed appropriate by the Honorable
Court for cancellation; and

3) Upon such surrender or non – surrender, declaring the

owner’s duplicate of the Subject Title as null and void, hence,
cancelled, and directing the Registry of Deeds for Quezon City
to reconstitute the same.
 Petitioner Quezon City likewise prays for such other reliefs just
and equitable under the premises.

Quezon City, July , 2018.

OFFICE OF THE CITY ATTORNEY (QC)

Counsel for Petitioner

7th Floor, Quezon City Hall Building,

Diliman, Quezon City

ATTY. CHRISTIAN B. VALENCIA

City Attorney

IBP No. AR-002110, 2-1-18, QC

PTR No. 5859079, 2-1-18, QC

Attorney’s Roll No. 27733

MCLE No. V-0010383

 September 16, 2015

ATTY. FARLEY C. SABILLO, LLM

Assistant City Attorney

PTR No. 5566984/01-05-18/QC

IBP No. Life time

Roll No. 53752

MCLE Compliance No.V-0019513

Valid until 14 April 2019

ATTY. FERDINAND B. SABILLO

IBP Lifetime No. 018538, Quezon City

PTR No. 3405286, 1-04-18, Mandaluyong City

Roll No. 53511

MCLE Comp. No. V-0019610

April 21, 2016

VERIFICATION AND CERTIFICATION

OF NON – FORUM SHOPPING

 I, HERBERT M. BAUTISTA, of legal age, Filipino, with office
address at Bulgawan, 3rd Floor, Quezon City Hall, High Rise Building, after
being sworn to in accordance with law depose and say that:

That I am the duly elected City Mayor of Quezon City and the duly
authorized representative of Quezon City to file and represent the latter in
the written petition to which this document is attached.

That I have caused the preparation of the foregoing petition and that
the contents therein are true and correct based on my personal knowledge
and authentic records at hand.

I hereby certify that: a) I have not heretofore filed or caused to be

filed any other action or proceeding involving the same issues in the
Supreme Court, the Court of Appeals, or any other court, tribunal or
agency; b) to the best of my knowledge, no such action or proceeding is
pending in the Supreme Court, Court of Appeals, or any other court,
tribunal or agency; c) if I should hereafter learn that a similar action or
proceeding has been filed or is pending before the Supreme Court, the
Court of Appeals, or any other court, tribunal or agency, I undertake to
report that fact within five (5) days there from to this Honorable Court.
 IN WITNESS WHEREOF, I have hereunto set my hand this ____
day of _________ 2018 in Quezon City.

HON. HERBERT M. BAUTISTA

City Mayor

SUBSCRIBED AND SWORN to before me this ____ day of ___________

2018 in Quezon City.

Doc. No. : _____________

Page No. : _____________

Book No. : _____________

Series of 2018.

[1] Photocopy of the said certificate of sale is hereto attached as Annex “A” and made as integral part
hereof.

[2] Photocopy of the said certification is hereto attached as Annex “B” and made as integral part hereof.

[3] Photocopy of the demand letter is hereto attached as Annex “C” and made an integral part hereof.

[4] Photocopy of the certificate of adjoining lot owners is hereto attached as Annex “D” and made an
integral part hereof.

[5] Photocopy of the technical description is hereto attached as Annex “F” and made an integral part
hereof.

[6] Photocopy of the tax declaration is hereto attached as Annex “G” and made an integral part hereof.

[7] Photocopy of the certificate of no improvement is hereto attached as Annex “H” and made an integral
part hereof.

[8]Ligon versus Court of Appeals, G.R. No. 107751, 1 June 1995, 244 SCRA 693 citing Averia v.
Caguioa, No. 65129, 29 December 1986, 146 SCRA 459; PNB v. ICB, No. 86679, 23 July 1991, 199
SCRA 508.