REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FOURTH JUDICIAL REGION
Branch 24, Binan, Laguna

IN THE MATTER OF
RECONSTITUTION OF LOST OR
DESTROYED CERTIFICATE OF
TITLE NO. 6117 OF THE REGISTRY LRC CASE NO. B-4007
OF DEEDS FOR THE PROVINCE OF
LAGUNA AND LOST OR DESTROYED
OWNER’S DUPLICATE COPY OF THE
SAID CERTIFICATE OF TITLE.

JACINTO BAWALAN,
DOMINGO BAWALAN,
JUANA BAWALAN,
Petitioners.

ABELARDO NILLO CARULASAN,

MAGTANGOL NILLO, AND
VIVENCIO NILLO MONTANEZ,
Intervenors,
x- - - - - - - - - - - - - - - - - - - - - x

MOTION FOR INTERVENTION

INTERVENORS, through counsel, respectfully alleges:

1. That your intervenors are all Filipino citizen, of legal age,

presently residing and with postal address at Lot 1990 Brgy. Sto
Nino, Binan, Laguna;

2. That they have legal interest in the matter under litigation in

the above-entitled action for the reconstitution of both the original copy
and owner’s duplicate copy of FREE PATENT No. 4899 ORIGINAL
CERTIFICATE OF TITLE NO. 6117 issued on December 3, 1914 to
MARCELINO CARAGOS (KARAGOS) of Binan, Laguna, being the
successor-in-interest of ESTEBAN (NIELO) NILLO, the vendee of said
lot from Marcelino Caragos (Karagos) before World War II and started
paying realty property tax in the said lot, Annex “A;”
 3. Immediately after buying said lot from Marcelino Caragos,
Esteban Nielo (Nillo) constructed his house in the said lot and started

PETITION

COMES now petitioner, through her undersigned

counsel, and before this Honorable Court respectfully
alleges:

1. That the petitioner is of legal age, Filipino, married, presently

residing and with postal address at 392 Brgy. San Roque, San
Pedro, Laguna, while respondent Register of Deeds is being sued in
his official capacity as repository of land titles and deeds in San
Pedro, Laguna with principal office address at Rizal St., Calamba
City, where summons and notices can be served;

2. That, petitioner is the buyer in good faith and for value of

a parcel of land embraced in Transfer Certificate of Title No. T.
143986 of the Registry of Deeds of Calamba, Laguna, from
EULALIA A. ALONTE, the Vendor, being the successor-in-interest and
only daughter of the registered owner- late Spouses Ricardo Alonte and
Constancia Alviar, contained in an Affidavit of Self-Adjudication
with Sale in favor of herein petitioner, Title is attached as Annex
“A” and Affidavit of Self-Adjudication with Sale is attached as
Annex “B,” both made an integral part of this petition;

3. The owner’s duplicate original certificate of title no. T-143986

-1-

covering said property was lost by petitioner while in her possession

and all her efforts exerted to recover same since then have been in
vain, hence said owner’s copy of the title is considered lost forever,
affidavit of loss is attached as Annex “C” and made an integral part
of this petition;

4. That said title has not been encumbered or mortgaged to

any banking institution or private persons and petitioner is regularly
paying its realty tax, Annex “D” and made an integral part of this
petition;

WHEREFORE, the petitioner respectfully prays this Honorable

Court to declare null and void the above- owners original duplicate of
Transfer Certificate of Title No. 194164 which has been lost, and to
order and direct the Register of Deeds of Calamba City, Laguna, to
issue in lieu thereof a new owner’s duplicate certificate in accordance
with Section 109 of P.D. No. 1529.

Calamba City for San Pedro, Laguna, October 11, 2007. ...

ATTY GREGORIO E. MAUNAHAN

Attorney for Petitioner
158 Dr. Jose Rizal Street, Calamba City, Laguna
PTR 2475266/1-15-07/CalambaCity
IBP Life Member Roll 01404
Attorney Rollo 29651
TIN: 251-321-208
 VERIFICATION/CERTIFICATION

REPUBLIC OF THE PHILIPPINES)

CALAMBA CITY, LAGUNA

WE, ESTELITA MIGUEL ZAPANTA and LUZ ZAPANTA

VALAQUIO, both Filipino citizen, of legal age, widow and married
respectively, residing at 5543 and 5545 P. Binay St., Brgy. Pio del Pilar, Makati
City, Metro Manila, after being sworn in accordance with law depose and say:

1. That we are the petitioner in the above-entitled case;

2. That we had caused the above petition to be prepared and has read and
knows the contents thereof to be true of my personal own knowledge.
3. That we certify under oath that:
a. I have we commenced any other action or proceeding relative
to the PETITION before the Supreme Court, Court of Appeal, or any
tribunal or agency;
b. To the best of our knowledge, no such action or proceeding
is pending in the Supreme Court, the Court of Appeals, or any other
tribunal or agency;
4. We likewise undertake the following:
a. If there is any such action or proceeding which is either pending
or may have been terminated, we will state the status thereof;
c. If we 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 will undertake to report that fact within five
(5) within five (5) days therefrom to the court or agency wherein the original
pleading and sworn certification contemplated in Administrative Circular No.
04-94 dated February 8, 1994 had been filed.
5. We certify to the truthfulness of the foregoing facts and undertakings.

ESTELITA MIGUEL ZAPANTA

Affiant

SUBSCRIBED AND SWORN TO before me this 11th day of March 2013,

Estelita Zapanta exhibiting to me her SENIOR CITIZEN ID NO. 077964 issued
at Makati City on January 1999 and Luz Zapanta Valaquio exhibiting her
SENIOR CITIZEN ID NO. 33509 issued at Makati City on September 1, 2009,
to prove their identity.

ATTY. GREGORIO E. MAUNAHAN

Notary Public
Until December 31, 2013
PTR NO. 4889430/1-03-2013/Calamba City
IBP LIFETIME Roll No. 01404 OR 458740, 03 -20-98 Pasig City
TIN-251-321-208

Doc No. ;
Page No. ;
Book No III;
Series of 2013.

-3-
 VERIFICATION AND CERTIFICATION

WE, ABELARDO NILLO CARULASAN, VIVENCIO NILLO

MONTANEZ, and MAGTANGOL NILLO, are all Filipino citizen, of legal
age, with residence and postal address at Brgy. Sto Nino, Binan,
Laguna, after having been duly sworn in to accordance with law hereby dispose and
say;

1. We are the Petitioners in the above-entitled case;

2. That we caused the preparation of the foregoing petition and we have
read and understood all the allegations contained therein, the same being
true and correct of our personal knowledge and belief;
3. We certify under oath that:
a. We have not commenced any other action or proceeding which is
pending in the Supreme Court, Court of Appeal, or any other tribunal
or agency;
b. To the best of our knowledge, no such action or proceeding is
pending in the Supreme Court, the Court of Appeals, or any other
tribunal agency
4. We likewise undertake-
a. If there is any such action or proceeding which is either pending or
may have been terminated, I will state the status thereof;
b. 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 will undertake to report that fact within
five (5) days there from the court or agency wherein the original
pleading and sworn certification contemplated in the Administrative
Circular No. 04-94 dated February 8, 1994 had been filed.
5. We certify under oath to the truth of the foregoing facts and undertaking

IN WITNESS WHEREOF, we have hereunto affixed our signature this

5th day of August 2008 at Calamba City, Laguna.

ABELARDO NILLO CARULASAN

VIVENCIO NILLO MONTANEZ MAGTANGOL NILLO

SUBSCRIBED AND SWORN TO before me this 4th day of August
2008 at Calamba City, Laguna, affiants exhibiting their CTCs No.
01849869 issued at Binan, Laguna on March 24, 2008; 04810186
issued at Binan, Laguna on July 24, 2008 and issued at
Binan, Laguna on August 5, 2008.

ATTY GREGORIO E. MAUNAHAN

Notary Public until December 31,2009
PTR OR 7048942/Calamba City/1-02-08

Doc. No. 3268;Page No. 34;Book No.

NOTICE OF HEARING

ATTY JUANITO P. NOEL

Mabini Street, San Pedro, Laguna

The Clerk of Court, RTC Branch 24

Binan, Laguna

SIR:

Please calendar instant motion for hearing on August 15, 2008 at 8:30 A.M. .

ATTY GREGORIO E. MAUNAHAN

EXPLANATION

COPY of instant motion for intervention was personally served to

petitioner’s counsel.

ATTY GREGORIO E. MAUNAHAN

 SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

WE, RODOLFO CARPIO, JOSELITO CARPIO, ALFREDO CARPIO,

LEONARDO CARPIO, CRISPINA CARPIO, VIRGINIA CARPIO, ROSITA
CARPIO and NUMERIANO CARPIO, are all Filipino citizen, of legal age, with
residence and postal address at Brgy. San Pedro, Sto Tomas, Batangas, do hereby
name and constitute and appoint, our sister- GLORIA CARPIO, Filipino, of legal age,
and a resident of Brgy San Pedro, Sto Tomas, Batangas, to be our true and lawful
attorney, for us and in our name, place and stead,

1. To act in our behalf, to file cases in court to recover their communal

property, appear, sign document and testify in court in my behalf on all my
cases and
2. To pay attorneys fees including other legal expenses;
3. To perform other acts as directed.

HEREBY GIVING AND GRANTING unto my said attorney full power and
authority to do and perform all and every act requisite or necessary to carry into effect
the foregoing authority and hereby ratifying and confirming all that my said attorney
shall lawfully do or cause to be done by virtue thereof.

IN WITNESS WHEREOF, we have hereunto set our hands this 12 th day of June
2008 at Calamba City, Laguna..
GRANTORS:

RODOLFO CARPIO JOSELITO CARPIO ALFREDO CARPIO

LEONARDO CARPIO CRISPINA CARPIO VIRGINIA CARPIO
ROSITA CARPIO NUMERIANO CARPIO
ACCEPTED:

GLORIA CARPIO
Grantee
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)
CALAMBA CITY ) S.S.
th
BEFORE ME this 12 day of June 2008, personally appeared:
Rodolfo Carpio 06918829 Sto Tomas, Batangas jun 10, 2008
Joselito Carpio 06918825 Sto Tomas, Batangas jun 10, 2008
Alfredo Carpio 06918826 Sto Tomas, Batangas jun 10, 2008
Leonardo Carpio 06918828 Sto Tomas, Batangas jun 10, 2008
Crispina Carpio 06918827 Sto Tomas, Batangas jun 10, 2008
Virginia Carpio
Rosita Carpio
Numeriano Carpio
Gloria Carpio
 who are known to me to be the same person who executed the foregoing
instrument, and they acknowledged to me that the same are their free acts and deeds.

IN WITNESS WHEREOF, I have hereunto set my hand, the day, year, and place
above written.

ATTY GREGORIO E. MAUNAHAN

Notary Public until December 31,2008
PTR OR 7048942/Calamba City/1-02-08
Doc. No. 2339;Page No. 24;Book No. VI;Series of 2008.

REPUBLIC OF THE PHILIPPINES)

CALAMBA CITY ) S.S.

JUDICIAL AFFIDAVIT

AKO, SALOME CARAGOS HERRERA, Pilipino, sapat ang

gulang, kasalukuyang naninirahan sa 25 Tamuro, Brgy. Landayan, San
Pedro, Laguna, pagkatapos manumpa ayon sa batas ay kusang loob at
malayang nagsasaad ng mga sumusunod:

TANONG- May kilala ka bang taong nagngangalang

MARCELINO CARAGOS?

SAGOT- Opo, ama ko po siya.

T- Alam mo ba kung may pagaari siyang lote sa Sto Nino

San Anton sakop ng Binan, Laguna?

S- Opo. Nagmaymayari po siya ng isang Lote na may

sukat na 315 metro kudrado sa nasabing lugar. Ang
nasabing lote ay kabalantay sa Ibaba o North ng lote
1991 ari ni Agustin Defante, sa Ilaya o South at
Lote 1988 pagaari ni Adriano Gastrillo; Binan River sa
Silanganan at sa Kanluran ay Lote 2237 na pagaari ni
Eulogio Capunitan.

T- Sa ngayon, inyo pa ba ang nasabing lote?

S- Hinde na po mula ng bago pa mag World War II
Sapagkat ipinagbili ng aking ama ang nasabing lote kay
Esteban Nielo kasal kay Marcosa Guarico.

sikilsNA, anak ako ng yumaong MARCELINO CARAGOS, na dating

may-ari ng isang parselang lupa sa Brgy. San Anton ngayon ay Sto
Nino, Binan, Laguna na may sukat na 315 Metro Kudrado na kilala
bilang Lote No. 1990 Binan Estate, L.R.C. Record No. ____.

NA, ang nasabing lote ay kasalukuyang tinitirikan ng mga

inanak ni Esteban Nillo bago pa dumating ang Hapon at World War
II;

NA, sa aking pagkaalam ay ibininta ng aking ama kay Esteban

Nillo ang nasabing lote na ngayon ay tinitirhan ng mga inanak ni
Esteban Nillo;

NA, sa aking kaalaman ay walang bilihan naganap ang aking

ama sa iba pang tao na kinakasangkutan ng nasabing lote 1990 Binan
Estate;

NA, bilang anak ay sinasabing lahat sa amin ng aming ama

ang mga bagay-bagay tungkol sa aming kabuhayan;