Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
Branch ___, Manila

IN RE: PETITION FOR

ISSUANCE OF NEW OWNER’S
DUPLICATE COPY OF
TRANSFER CERTIFICATE OF
TITLE NO. 196641 IN LIEU OF
THE LOST ONE.
LRC Case No. _______

RAMON DE VERA NAVARRO,

Petitioner.
x-------------------------------------------x

PETITION
PETITIONER Ramon De Vera Navarro, through the undersigned
counsel, to the Honorable Court most respectfully states that:

Parties

1. Petitioner is of legal age, married, Filipino and resident of 2714 Lamayan

Street, Alley I, Sta. Ana, Manila 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 Sta. Ana

District, City of Manila registered in the Registry of Deeds for the City
of Manila under Transfer Certificate of Title (TCT) No. 196641, 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 District of Sta. Ana, City of Manila, Island of Luzon.
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

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 Alfonso Estanislao, et. al., and points 3 to 5 by Pasig River;
on the SW. points 5 to 7 by Lot 18-B; and on the NW.
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,
Manila 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 Manila 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
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 the owner or by someone in his behalf to the 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. 196641 as shown by records of the Registry of Deeds, Manila
(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, Manila 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 Manila 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.

Respectfully submitted on 15 May 2017, Makati City for the City of Manila.

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 By:

ANDRES JOSE MAURICIO ALBA

9F LPL Towers, 112 Legazpi Street, Legazpi Village, Makati City
Counsel for Plaintiff-Appellee
Mobile: 09255515029
Email: ajmalba21@gmail.com
Roll No. 64838
IBP No. 1066940; 01.18.2017
PTR No. MKT 5925982; 01.18.2017
MCLE Compliance No. V-0023769

VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING
I, RAMON DE VERA NAVARRO, 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.

RAMON DE VERA NAVARRO

Affiant

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 SUBSCRIBED AND SWORN to before me this ___ day of September
2017 at Makati City affiant exhibiting to me his
___________________________ as competent proof of his identity.

Doc. No. ____;

Page No. ____; NOTARY PUBLIC
Book No. ____;
Series of 2017.

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