Republic of the Philippines

REGIONAL TRIAL COURT

Sixth Judicial Region
BRANCH _______
Iloilo City

EUFEMIA C. GONZALES,
Represented by attorney-in-fact SUSANA A. CAD. CASE NO. __________
CALERO
Petitioner, IN RE: PETITION FOR THE
ISSUANCE OF NEW OWNER’S
-versus- DUPLICATE COPY OF TRANSFER
CERTIFICATE OF TITLE NO. T-
THE REGISTER OF DEEDS 174169 OF THE REGISTER OF
FOR PROVINCE OF ILOILO, DEEDS FOR PROVINCE OF ILOILO,
Respondent.
x------------------------------------------x

PETITION

COMES NOW, the Petitioner in the above-entitled case, through undersigned

counsel and unto this utmost Honorable Court, most respectfully alleges that:

1. The Petitioner, EUFEMIA C. GONZALES, is of legal age, married, Filipino and

resident of Aglibacao, Calinog, Iloilo City, while respondent REGISTER OF DEEDS FOR
ILOILO PROVINCE has its principal office at LRA Building, Muelley Loney St., Iloilo City,
where they may be reached with the processes of this Honorable Court;

2. The Respondent Register of Deeds of the Province of Iloilo is herein impleaded

as a necessary party in view of the fact that it is in charge of all records of certificates of
title for the Iloilo Province, which includes the subject matter of herein Petition;

3. That the Veterans Bank of the Philippines is the declared owner of the real
property covered by the Transfer Certificate of Title no. T-174169, also known as Lot No.
6345-C located at Brgy. Aglibacao, Calinog, Iloilo. The certified true copy of TCT No. T-
174169 is attached and marked as Annex “A” and made integral part thereof;

4. That the Veterans Bank of the Philippines executed a Deed of Sale of the above
mentioned real property in favor of the petitioner on December 23, 2009. That the
owner’s duplicate copy of the said Transfer Certificate of Title was turned over to the
petitioner. However, the petitioner did not immediately effect the transfer of the title
under her name because of the fact that she was residing in Metro Manila. The copy of
the Deed of Sale dated December 23, 2009 is attached and marked as Annex “B” and
made integral part thereof;
 5. That on September 12, 2013, the property was sold in a public auction held at
Municipal Hall of Calinog, Iloilo by reason of the non-payment of Real Property Tax for
the Year 2008 to 2012. In which the said property was sold again to Eufemia C. Gonzales,
the petitioner. The copy of the Final Deed to Purchaser is attached and marked as Annex
“C” and made integral part thereof;

6. That when the petitioner intends to process the transfer the said title under her
name, she discovered that the Owner’s Duplicate copy of Transfer Certificate of Title No.
174169 was missing. That despite earnest efforts by the Petitioner to locate and/or
retrieve the owner’s duplicate copy of said transfer certificate of title, the same could not
be found and believe to be beyond recovery. As such, Petitioner was compelled to execute
an Affidavit of Loss which was duly registered with the office of the issuing Registry of
Deeds and was annotated on the original copy on file of TCT no. T-174169 as Entry No.
2019013800 dated November 27, 2019. Marked and attached hereto as Annex “D” is a
copy of said affidavit of loss and made integral part hereof;

7. That further attached as Annex “E” is the Certification issued by the Registry
of Deeds for the Province of Iloilo dated February 18, 2020 that the original office copy
of aforesaid transfer certificate of title is intact on its file with the said Registry of Deeds;

8. That there are no other persons who may be or might be interested in the
aforementioned parcel of land covered by the lost transfer certificate of title made subject
matter of this instant petition;

9. The owner’s duplicate copy of TCT No. T-174169 has not been delivered to any
person or entity to secure the payment or performance of any obligation whatsoever, nor
any transaction or document relating to the same presented for pending registration in
the Office of the Register of Deeds for Iloilo City.

10. That at present, herein Petitioner is endeavoring for the re-issuance of the
aforementioned owner’s duplicate of TCT No. T-174169, for the sole purpose of having
the said title restored and re-issued in its original tenor and eventually for the transfer
of its name to the Petitioner;

11. That for the said reasons, this Petition is being filed for the said purposes and
that the Petitioner prays of this Honorable Court, that after complying with all the
jurisdictional and formal requirements for the re-issuance of the owner’s duplicate of TCT
No. T-174169, be ordered re-issued in its original tenor.

PRAYER

WHEREFORE, in view of the foregoing premises, it is most respectfully prayed

of this Honorable Court that after complying with all the jurisdictional and formal
requirements and upon the hearing of the merits of the Petition, an ORDER be issued
granting the re-issuance of Transfer Certificate of Title No. T-174169 and directing the
Registry of Deeds for the Province of Iloilo to re-issue the owner’s duplicate of
TRANSFER CERTIFICATE OF TITLE No. T-174169 covering Lot No. 6345-C under
the same terms and conditions as the original thereof and to declare the first owner’s
copy previously issued that was lost as NULL AND VOID.
 Petitioner prays of such other reliefs that may be deemed just and equitable
under the premises.

Iloilo City, Philippines, March 9, 2020

BESANA MALONES-SANCHEZ SIOSAN LAW OFFICE

Counsel for the Petitioner
#31 Zerrudo Commercial Complex
E. Lopez St., Jaro, Iloilo City
Tel. No. (033) 3200943
By:

ATTY. MAYEN MAR E. GULMATICO

Roll of Attorneys No. 72236
IBP OR No. 088290/Manila/June 7,2019
PTR No. 1974081/Iloilo City/ July 18, 2018
MCLE – exempt

Copy Furnished by personal service:

The Register of Deeds for the Province of Iloilo

Registry of Deeds for the Province of Iloilo
LRA Bldg., Muelley Loney,
5000 Iloilo City
Received by: ________________________
Signature over printed name
Date: ______________________________

Copy Furnished by registered mail:

Land Registration Authority

East Avenue cor. NIA Road
Quezon City, M.M.
Registry Receipt No. _____________
Date: _________________________

EXPLANATION
 A copy of the foregoing PETITION is being served upon the Land Registration
Authority by registered mail with return card due to distance and lack of office personnel
to render personal service possible.

ATTY. MAYEN MAR E. GULMATICO