Republic of the Philippines

REGIONAL TRIAL COURT

7th Judicial Region
Branch ___
Cebu City

IN RE: PETITION FOR ISSUANCE OF

NEW OWNER’S DUPLICATE COPY OF
TRANSFER CERTIFICATE OF TITLE NO.
123456 IN LIEU OF THE LOST ONE.
LRC Case No. _______

BRAVO A. MACAPAAR,
Petitioner.
x-------------------------------------------x

PETITION

PETITIONER Bravo A. Macapaar, through the undersigned counsel, to the

Honorable Court most respectfully states that:

Parties

1. Petitioner is of legal age, married, Filipino and resident of 2651

Panagdait Subdivision, Brgy. Mabolo, Cebu City where he may be
served with processes of the Honorable Court;

2. Respondent Register of Deeds for the City of Manila is being

impleaded as a necessary party holding office at Manila City Hall
where he/she may be served with summons and other court notices;

Facts of the Case

3. Petitioner is the registered owner of a parcel of land located at Brgy.

Mabolo, City of Cebu registered in the Registry of Deeds for the City
of Crbu under Transfer Certificate of Title (TCT) No. 98649, free of
any encumbrance, particularly bounded and described as follows:

“A PARCEL OF LAND (Lot 18-E of the subdivision plan

B(LRC) Psd-166968, being a portion of Lot 18, Block 1406
Manila Cadastre, LRC Cad. Record No. 335), situated in
the Mabolo, City of Cebu, Island of Visayas. Bounded on
the NW. points 1 to 2 by Lot 18-F of the subdivision plan;
on the SE. points 2 to 3 by property of Alfonso
Estanislao, et. al., and points 3 to 5 by Subangdaku River;
on the SW. points 5 to 7 by Lot 18-B; and on the NW.

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 points 7 to 1 by Lot 18-H (ALLEY), both of the subdivision
plan. Beginning at a point marked “1” on plan, being S.
87 deg. 06’E., 399.83 m. from B.L.L.M. No. 46, Cebu
Cadastre; thence N. 73 deg. 46’E., 13.56 m. to point 2;
thence S. 6 deg. 30’W., 5.35 m. to point 3; thence S. 54
deg. 17’W., 12.19 m. to point 4; thence S. 25 deg. 01’W.,
3.27 m. to point 5; thence N. 73 deg. 07’N., 2.00 m. to
point 6; thence N. 71 deg. 54’W., 1.77 m. to point 7;
thence N. 16 deg. 56’W., 18.50 m. to the point of
beginning; containing an area of TWO HUNDRED TEN
SQUARE METERS (210.00), more or less.”

Copy of TCT No. 196641 is attached as Annex “A”;

4. Sometime in 1990, Petitioner was incarcerated for an offense

punishable by law. During his incarceration, his house where the
subject parcel of land was abandoned by his family by reason of
death threats. The owner’s duplicate copy of title of the subject
parcel of land together with other personal belongings were inside
the abandoned house;

5. Upon his release from incarceration, he returned to his house. He

searched for the owner’s duplicate copy of title of the subject parcel
of land so that he may mortgage it to obtain money to start a new
life. However, despite his diligent search and effort to locate his
Owner’s Duplicate Copy of Title, he could not find it such that he
genuinely believes that it is now lost beyond recovery;

6. Prior to the filing of this Petition, Petitioner has already caused the
annotation of Notice of Loss at the back of the Registry of Deeds’
original copy of TCT No. 196641 as Entry No. 2790-196641. The said
annotation is sub-annexed as Annex “A-1”, while a certified true copy
of the Notice of Loss is attached as Annex “B”;

7. Petitioner has secured a Certificate of Intactness from the Registry of

Deeds for the City of Cebu attesting that the latter’s original copy of
his title is existing and intact. Copy of the certificate is attached as
Annex “C”;

Cause of Action

8. Petitioner anchors his cause of action in Section 109 of P.D. No 1529,

otherwise known as the Property Registration Decree, to wit:

“Section 109. Notice and replacement of lost duplicate

certificate. In case of loss or theft of an owner's
duplicate certificate of title, due notice under oath shall
be sent by the owner or by someone in his behalf to the

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 Register of Deeds of the province or city where the land
lies as soon as the loss or theft is discovered. If a
duplicate certificate is lost or destroyed, or cannot be
produced by a person applying for the entry of a new
certificate to him or for the registration of any
instrument, a sworn statement of the fact of such loss or
destruction may be filed by the registered owner or
other person in interest and registered.

Upon the petition of the registered owner or other

person in interest, the court may, after notice and due
hearing, direct the issuance of a new duplicate
certificate, which shall contain a memorandum of the
fact that it is issued in place of the lost duplicate
certificate, but shall in all respects be entitled to like
faith and credit as the original duplicate, and shall
thereafter be regarded as such for all purposes of this
decree.”

9. Petitioner is the registered owner of the parcel of land covered by

TCT No. 98649 as shown by records of the Registry of Deeds, Cebu
(Annex “A”). The existence and intactness of his certificate of title
over his property has been attested by the said office (Annex “C”);

10.In compliance to paragraph 1 of Section 109, P.D. No 1529, Petitioner

has already given due notice to the Registry of Deeds, Cebu that his
Owner’s Duplicate Copy of Title is lost (Annex “B”). Notice of Loss has
been annotated at the back of the title (Annex “A-1”);

11.Under the Mirror Principle of the Torrens System, the certificate of

title is a mirror which reflects accurately and completely the current
facts that are material to the title;

12.In view of the foregoing facts and under the Mirror Principle,
Petitioner has a cause of action to file the instant Petition.

PRAYER

WHEREFORE, above premise considered, it is most respectfully prayed to

the Honorable Court that a judgment be rendered in favor of the Petitioner
ordering Respondent Register of Deeds for the City of Cebu to issue a New
Owner’s Duplicate Copy of Title in the name of Petitioner in lieu of the lost
one.

Other reliefs just and equitable under the circumstances are likewise
prayed for.

February 12, 2019. Cebu City, Philippines

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 JABAR A. SABDULLAH
Counsel for Petitioner
Unit 4, 2nd floor, Ayala Tower
Cebu City
Tel No. 241-0282
Roll of Attorney’s No. 2401
PTR NO. 2491951; 12/28/2018
IBP LIFETIME MEMBER NO. 06715
MCLE Compliance No.IV-002145

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REPUBLIC OF THE PHILIPPINES)
CITY OF CEBU ) S.S

VERIFICATION/CERTIFICATION OF
NON FORUM SHOPPING

I, BRAVO A. MACAPAAR, of legal age, after having been duly sworn in

accordance with law, depose and state that:

1. I am the Petitioner in the above-stated case;

2. I have caused the preparation and filing thereof before the Honorable
Court;

3. I have read its contents thereof and the facts stated therein are true and
correct of my personal knowledge and/or on the basis of copies of
documents and records in my possession;

4. I have not commenced any other action or proceeding involving the same
issues in the Supreme Court, the Court of Appeals, or any other tribunal or
agency;

5. To the best of my knowledge and belief, no such action or proceeding is

pending in the Supreme Court, the Court of Appeals, or any other tribunal
or agency;

6. If I should thereafter learn that a similar action or proceeding has been

filed or is pending before the Supreme Court, the Court of Appeals, or any
other tribunal or agency, I undertake to report that fact within five (5) days
therefrom to this Honorable Court.

BRAVO A. MACAPAAR
Affiant

SUBSCRIBED AND SWORN to before me this 12th day of February 2019 at Cebu
City affiant exhibiting to me his Professional Driver’s License No. N-12330481 as
competent proof of his identity.

JABAR A. SABDULLAH
Notary Public
Cebu City
Tel No. 241-0282
Roll of Attorney’s No. 2401
PTR NO. 2491951; 12/28/2018
IBP LIFETIME MEMBER NO. 06715
MCLE Compliance No.IV-002145

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