REPUBLIC OF THE PHILIPPINES

THIRD JUDICIAL REGION

REGIONAL TRIAL COURT
CITY OF SAN FERNANDO, PAMPANGA
BRANCH ___

IN THE MATTER OF THE PETITION

FOR THE ISSUANCE OF A NEW
OWNER’S DUPLICATE COPY OF
TRANSFER CERTIFICATE OF TITLE
(TCT) NO. 042-2013013544 IN PLACE
OF THE LOST OWNER’S DUPLICATE
COPY OF TCT NO. 042-2013013544,

MARIE ANNE BASILE VELASCO

MACARAIG, as represented by her
attorney-in-fact,
JOHN PAUL MACARAIG
VELASQUEZ,
Petitioner,

LRC CASE NO. ___________

-versus-

REGISTER OF DEEDS FOR THE

PROVINCE OF PAMPANGA,
Respondent.
x--------------------------------------------------x

PETITION

PETITIONER, MARIE ANNE BASILE VELASCO MACARAIG, as

represented by her attorney-in-fact, JOHN PAUL MACARAIG
VELASQUEZ, by the undersigned counsel and unto the Honorable Court,
most respectfully avers:

NATURE OF THE PETITION

1. This is a Petition for the Issuance of a New Owner’s Duplicate

Copy of Transfer Certificate of Title (TCT) No. 042-2013013544 in place of the
Lost Owner’s Duplicate Copy of TCT No. 042-2013013544.

1.1. This is in consonance with Section 109 of Presidential Decree

(PD) No. 1529, otherwise known as the “Property Registration Decree.”

PARTIES

2. The Petitioner, Marie Anne Basile Velasco Macaraig , is of

legal age, single, Filipino, and with residence address at Block 8 Lot 10
Honorata Street Mawing Village Bgy. Telabastagan, City of San Fernando
Pampanga.
 2.1. She may be served with summons and other processes by the
Honorable Court at the law office address of the undersigned counsel.

2.2. The petitioner is represented in this petition by her son and

attorney-in-fact, JOHN PAUL MACARAIG VELASQUEZ, who is of legal age,
single, Filipino, and with residence address at Block 8 Lot 10 Honorata Street
Mawing Village Bgy. Telabastagan San Fernando Pampanga, as evidenced
by the corresponding Special Power of Attorney, a copy of which is attached
as Annex “A.”

2.3. The Respondent, REGISTER OF DEEDS FOR THE

PROVINCE OF PAMPANGA, is impleaded as an indispensable party with
office address at the Provincial Capitol Compound, City of San Fernando,
Province of Pampanga, where it may be served with summons and other
processes by the Honorable Court.

FACTS

3. The petitioner is the owner of a parcel of land, situated in the

Municipality of Mexico, Province of Pampanga, and covered by TCT No. 042-
2013013544, a copy of which is attached as Annex “B.”

3.1. It is more particularly described below, as follows:

“T.C.T. NO. 042-2013013544

“A PARCEL OF LAND (LOT 10, BLK. 8 OF THE

SUBDIVISION PLAN PSD-03-190505, BEING A PORTION
OF LOT 4378, SAN FERNANDO CAD. LRC REC. NO. ),
SITUATED IN THE BARRIO OF BALITI, CITY OF SAN
FERNANDO (P), ISLAND OF LUZON. BOUNDED ON THE
NW., ALONG LINE 1-2 BY LOT 9, BLK. 8, ON THE NW.,
ALONG LINE 2-3 BY LOT 7, BLK. 8, ON THE NE., ALONG
LINE 3-4 BY LOT 8, BLK.8; ON THE SE., ALONG LINE 4-5
BY ROAD LOT 8, ON THE SW., ALONG LINE 5-1 BY LOT
12, BLK. 8, ALL OF THE SUBD. PLAN. BEGINNING AT A
PT. MARKED “1” ON PLAN, BEING S. 64 DEG. 17, E., 196.
67 FROM BBM NO. 66 SAN FDO. CAD; THENCE N. 52
DEG. 49’E., 9.57M. TO PT.2; THENCE N. 52 DEG. 49’E.,
1.40 M. PT. 3; THENCE S. 37 DEG. 11’E., 13.22 M. TO PT.4;
THENCE S. 52 DEG. 49;W., 10.97 M. 2.5; THENCE N. 37
DEG. 11’W., 13.22 M. TO THE PT. OF BEGINNING.
CONTAINING AN AREA OF ONE HUNDRED FORTY FIVE
(145) SQUARE METERS,. X X X”

3.2. Some time ago, the petitioner bought the land through a deed
of sale attached herein as Annex “C.”

3.3 When the Title subject of this case was turned over to herein
petitioner (buyer) by the seller, the same was kept in one of the drawers in
their house.

3.4. But, recently, when petitioner searched for the Owner’s

Duplicate Copy of TCT No. 042-2013013544, the petitioner discovered that
the last page was missing.

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 3.5. That time, when the petitioner searched for and discovered that
the last page of the Owner’s Duplicate Copy of TCT No. 042-2013013544 was
missing, petitioner was with his son, herein attorney-in-fact.

3.6. For all legal intents and purposes, the petitioner considered the
Owner’s Duplicate Copy of TCT No. 042-2013013544 as lost.

3.7. Consequently, the petitioner executed an Affidavit of Loss, a

copy of which is attached as Annex “D.”

3.8. A copy of the Affidavit of Loss was then sent to the Register of
Deeds for the Province of Pampanga in order to notify it of the facts
surrounding the loss of the Owner’s Duplicate Copy of TCT No. 042-
2013013544, as evidenced by the corresponding stamped mark found on the
affidavit.

3.9. The Affidavit of Loss was then annotated on the portion for the
Memorandum of Encumbrances found in TCT No. 042-2013013544, the
relevant contents of which are reproduced below for ready reference:

“MEMORANDUM OF ENCUMBRANCES

“Entry No.: 2019003865 Date: March 05, 2019

03:04:14 PM

“AFFIDAVIT OF LOSS: EXECUTED BY LORETA P.

ENRIQUEZ, ATTESTING THAT THE OWNER’S
DUPLICATE TITLE WAS LOST, IN ACCORDANCE
WITH DOC. NO. 701; PAGE NO. 50; BOOK NO. CIII;
SERIES OF 2019; OF NOTARY PUBLIC OF
ANGELES CITY; ATTY. WILLIE RIVERA; DATED
MARCH 04, 2019.

“LORNA M. SALANGSANG-DEE
“Register of Deeds IV”

3.10. The real property taxes due on the parcel of land, covered by
TCT No. 042-2013013544, have already been fully paid, as evidenced by the
corresponding Official Receipt, Tax Clearance and Tax Declaration of Real
Property, copies of which are attached as Annexes “E,” “F,” and “G,”
respectively.

3.11. The parcel of land, covered by TCT No. 042-2013013544, is

neither the subject of any controversy or litigation before any court, tribunal, or
agency of the government, nor was it sold, transferred, conveyed, assigned,
mortgaged, or encumbered by the petitioner or by any other person in favor of
another person or persons, whether natural or juridical.

Hence, this petition.

RELIEF

WHEREFORE, premises considered, it is most respectfully prayed of

the Honorable Court that, after due notice, posting, and hearing, an order be
issued, directing the Register of Deeds for the Province of Pampanga to issue,
upon payment of the corresponding legal fees, a new Owner’s Duplicate Copy
of Transfer Certificate of Title (TCT) No. 042-2013013544, in place of the lost

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Owner’s Duplicate Copy of TCT No. 042-2013013544 in favor of the petitioner,
through her son and attorney-in-fact, John Paul Macaraig Velasquez.

Such other relief and remedies as may be deemed just and equitable
under the premises are likewise prayed for.

Angeles City, for City of San Fernando, Pampanga.

LOPEZ MACALINO LAW GROUP

Unit 9, Parzon Sq., Sto. Rosario St.
Sto. Domingo, 2009 Angeles City, Philippines
Counsel for the Petitioner

By:

NICO BRYAN TAN

MCLE Compliance No. VI-_____________
Roll No. ________
IBP O.R. No. _________
PTR No. _________