REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
CITY OF MANILA , BRANCH ____

IN RE: PETITION FOR ISSUANCE

OF A NEW OWNER’S DUPLICATE
CERTIFICATE OF TRANSFER
CERTIFICATE OF TITLE (TCT)
NO. 94303 IN LIEU OF LOST
ONE,

LILIAN Q. PAHATI and FLERIDA

Q. PAHATI-ESPARRAGO, Case No. ______________________
Petitioners, For: The Issuance of Title in
Lieu of Lost One
-versus-

REGISTRY OF DEEDS FOR THE

CITY OF MANILA
Respondent.
x---------------------------------------------------x

PETITION

PETITIONERS, by undersigned counsel, respectfully state that:

I.

PARTIES

1. Petitioner LILIAN Q. PAHATI (“Petitioner Lilian Pahati”) is of

legal age, Australian, single, and residing at 9 Farfalla Way, Tarneit,

Victoria 3029, Australia. For the purpose of the instant case, she may be

served with summons, notices, and other processes of the Honorable

Court through the undersigned counsel’s address.

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 2. Petitioner FLERIDA Q. PAHATI-ESPARRAGO (“Petitioner

Flerida Pahati-Esparrago”) is likewise of legal age, Australian, married,

and residing at 9 Farfalla Way, Tarneit, Victoria 3029, Australia and

represented herein by LILIAN Q. PAHATI as her Attorney-in-Fact, under a

SPECIAL POWER OF ATTORNEY dated 08 February 2012, a copy of

which is attached herewith as Annex “A”. For the purpose of the instant

case, she may be served with summons, notices, and other processes of

the Honorable Court through the undersigned counsel’s address.

3. Respondent Registry of Deeds for Manila City, Metro Manila,

is impleaded herein in its official capacity. It may be served with

summons, notices and court processes at its offices at 2 nd Floor, Manila

City Hall Building, Villegas Street, Ermita, 1000 Manila City.

II.

STATEMENT OF ULTIMATE FACTS

4. Petitioners Lilian Pahati and Flerida Pahati-Esparrago are the

legitimate children of Gerardo B. Pahati and Eufemia Q. Pahati (“Spouses

Pahati””), both of whom had died without leaving any heirs except

Petitioners.

4.1 Gerardo B. Pahati (“Gerardo Pahati”) died intestate

on 18 March 1998 in the City of Quezon, National Capital

Region, Philippines. A copy of the death certificate evidencing

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 such fact is attached and made an integral part hereof as

Annex “B”.

4.2 On the other hand, Eufemia Q. Pahati (“Eufemia

Pahati”) died intestate on 24 February 2007 in Tarneit,

Victoria, Australia. A copy of the death certificate evidencing

such fact is attached and made an integral part hereof as

Annex “C”.

5. As the sole surviving legitimate heirs of the Spouses Pahati,

Petitioners lawfully acquired all the properties, rights and interests of the

Spouses Pahati, by intestate succession.

6. One of the properties owned by the Spouses Pahati at the

time of their deaths was a parcel of land with improvements situated in

the City of Manila, Metro Manila, with an area of One Hundred Twenty

square meters (120 sq. m.) and covered by Transfer Certificate of Title

(TCT) No. 94303 (the “Subject Property”), issued by the Registry of Deeds

for the City of Manila.

6.1. As proof of the Spouses Pahati’s ownership of the

Subject Property, attached herein as Annex “D” is the

photocopy of the certified true copy of TCT No. 94303, on file

with the Registry of Deeds for the City of Manila. Likewise

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 attached as Annexes “E” and “F” are the corresponding tax

declarations of the Subject Property.

7. On 14 February 2011, Petitioners executed a Deed of Extra-

judicial Settlement of the Estates of Gerardo B. Pahati and Eufemia Q.

Pahati adjudicating unto themselves all the rights and interests of

Gerardo and Eufemia Pahati. A copy of the Deed is attached and made

an integral part hereof as Annex “G”.

8. Sometime in 2011 and in the course of the settlement of the

deceased Spouses Pahati’s estates, Petitioners discovered that the

Owner’s Duplicate of TCT No. 94304 was missing and could not be

found, despite diligent efforts to locate the same. Upon careful scrutiny of

TCT No. 94303, it appears that Gerardo B. Pahati executed an Affidavit

of Loss on 07 August 1989 attesting to the loss of the Owner’s Duplicate

of the title and had the same annotated thereon as Entry No. 7158 on 07

August 1985.

9. Petitioners tried to obtain from the Registry of Deeds for the

City of Manila a copy of the Affidavit of Loss executed by their father but

to no avail. As proof thereof, attached hereto as Annex “H” is the

certification to that effect dated 07 February 2012 issued by the Registry

of Deeds for the City of Manila.

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 10. Gerardo B. Pahati, and his heirs, herein Petitioners, had paid

all the real property taxes due on the Subject Property up to the year

2012, as evidenced by Official Receipt No RSL-208384 with Serial No.

1217626 issued by the Office of the City Treasurer of Manila, a copy of

which is attached and made an integral part hereof as Annex “I”.

PRAYER

WHEREFORE, it is respectfully prayed that after hearing, the

Honorable Court will render judgment ordering the Registry of Deeds for

the City of Manila, Metro Manila, to issue in favor of Petitioners, a new

Owner’s Duplicate Transfer Certificate of Title (TCT) No. 94303, in lieu of

the lost one.

Other just and equitable reliefs are likewise prayed for.

__ February 2012, Makati City for Manila City, National Capital

Region.

LARA UY SANTOS
TAYAG AND DANGANAN
LAW OFFICES
Counsel for the Petitioners
LILIAN Q. PAHATI and
FLERIDA PAHATI-ESPARRAGO
4th Floor, ACT Tower
135 H.V. Dela Costa Street, Salcedo Village
1227 Makati City, Metro Manila
Tel No. 840-4749; Fax No. 840-3809

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 By:

ALMA GRACIA J. SANTOS

Attorneys Roll No. 36930
PTR No. 3179822 – 01/04/12 – Makati City
IBP Life Member Roll No. 03279 – 1/08/2004
MCLE Compliance No. III-0011459 – 4/6/10

VERIFICATION/CERTIFICATION

We, Lilian Q. Pahati and Flerida Pahati-Esparrago, of legal age,

after being duly sworn to in accordance with law, hereby depose and say
under oath that:

1. We are the petitioners in the above-captioned case

and we have caused the preparation of the foregoing petition;

2. We have read the allegations contained therein and

that the same are true and correct of our own knowledge and
belief and on the basis of records;

3. We hereby certify that we have not commenced any

action or filed any claim involving the same issues in any
court, tribunal, or quasi-judicial agency and no other such
action or claim is pending therein;

4. Should we thereafter learn that the same or similar

action or claim has been filed or is pending, we shall report
such fact within five (5) days therefrom to this Honorable
Court.

IN TRUTH WHEREOF, we have hereunto affixed our signatures this

8 day of February 2012 at Makati City, Metro Manila.
th

LILIAN Q. PAHATI FLERIDA PAHATI-ESPARRAGO

Affiant Affiant

By:

LILIAN Q. PAHATI
Attorney-in-fact

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 SUBSCRIBED AND SWORN TO before me this _____ th day of
February 2012 at Makati City, Metro Manila, by LILIAN Q. PAHATI who
exhibited her Passport No. M3074305 issued by the Australian
Government and expiring on August 4, 2015 who I have identified
through competent evidence of identity.

Doc. No. ______;

Page No. ______;
Book No. ______;
Series of 2012.

2.12/Petition for Title

AJS/ALT