Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch _____
Alabel, Sarangani Province

IN RE: PETITION FOR MISCELLANEOUS CASE NO.

ISSUANCE OF NEW OWNER’S ______________________
DUPLICATE COPY OF
TRANSFER CERTIFICATE OF
TITLE NO. (T-60694) F-5790 IN
LIEU OF THE LOST ONE.

ANTONIO L. TUMBOCON,
Petitioner.

-vs-

THE REGISTRY OF DEEDS

SARANGANI PROVINCE
Respondent.
x------------------------------------x

PETITION

Petitioner Antonio L. Tumbocon, through the undersigned counsel

from the Public Attorney’s Office, Sarangani District, to the Honorable
Court most respectfully states that:

PARTIES

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

Alabel, Sarangani Province where he may be served with
processes of the Honorable Court;

2. Respondent Register of Deeds for the Municipality of Alabel,

Sarnagni Province, is being impleaded as a necessary party
holding office at Capitol Complex, Alabel, Sarangani Province
where it may be served with summons and other court notices;
IN RE: PETITION FOR ISSUANCE OF NEW OWNER’S DUPLICATE
COPY OF TRANSFER CERTIFICATE OF TITLE NO. (T-60694) F-5790
IN LIEU OF THE LOST ONE, ANTONIO L. TUMBOCON,
PETITIONER.
Page 1 of 8
 FACTS OF THE CASE

3. Petitioner is the registered owner of a parcel of land located at

the Muncipality of Alabel, Sarangani Province registered in the
Registry of Deeds for the Municipality of Alabel under Transfer
Certificate of Title (TCT) No. (T-60694) F-5790, free of any
encumbrance, particularly bounded and described as follows:

“A PARCEL OF LAND (Lot 141-A-2, Psd-116501-

039681, being a portion of Lot 25, 26, 28 and 29,
Pes-112402-001512, situated in the Barrio of
Alabel, Mun. of alabel, Province of Sarangani,
Island of Mindanao, bounded on the NR., along line
2-3 by Lot 141-A-11 of Mindanao, bounded on the
NR, along line 2-3 by Lot 141-A-11 (Road); on the
S., along line 3-4 by Lot 141-A-1 both of (OVER) is
registered in accordance with the provisions of
section 103 of the property Registration Decree in
the name of Antonio L. Tumbocon, Filipino, of legal
age, married to Alicia Tumbocon with residence and
post office address at Alabel, Sarangani. The
subdivision plan, on the SW., along line 4-1 by lot
141-A, Psd-116301-036803; on the NW., along line
1-2 by Lot 141-A-3 of the subd. Plan. Beginning at a
point marked “1” on plan being S. 50 deg. 06’ W.,
1635.11 m. from BLLM No. 8, Pls-219.

S. 85 deg. 37’ E. 13.24 m. to point 2;

S. 16 deg. 05’ E., 24,.20 m. to point 3;
N. 85 deg. 38’ W., 13.24m. to point 4;
N. 16 deg. 05’ W.m 24.20m. to point of
beginning.

Containing an area of THREE HUNDRED

(300) SQUARE METERS, more or less. Points
referred to are indicated on the plan and are marked
on the ground as follows: All points by PS cyl. Conc,
25, 1949 and that of the subd. Survey May 4, 1994
executed by geodetic engineer Basilio R. Escote,
and approved on May 13, 1994.

(To prove the fact of the foregoing, attached herewith as

Annex “A” to Annex “A-3” is a certified true electronic copy
IN RE: PETITION FOR ISSUANCE OF NEW OWNER’S DUPLICATE
COPY OF TRANSFER CERTIFICATE OF TITLE NO. (T-60694) F-5790
IN LIEU OF THE LOST ONE, ANTONIO L. TUMBOCON,
PETITIONER.
Page 2 of 8
 of TCT No. (T-60694) F-5790 registered in the name of Antonio
L. Tumbucon)

4. Sometime on 1995, a person named Corazon Bacus negotiated

with herein Petitioner and his wife Alicia Tumbocon to buy
petitioner’s parcel of land covered by Transfer Certificate of
Title (TCT) No. (T-60694) F-5790 for a sum of Sixty Five
Thousand Pesos (P65,000.00);

5. Thereafter, Corazon T. Bacus paid an initial amount of Twenty

Five Thousand Pesos P25,000.00 to spouses Tumbocon. In
view of that initial payment, herein petitioner gave his duplicate
copy of the said title to Corazon T. Bacus with a condition that
the remaining amount in the sum of Forty Thousand Pesos
(P40,000.00) shall be paid before the end of the year of 1995;

6. However, several years have passed, Corazon T. Bacus failed to

make good of her promise. This prompted petitioner and his
wife to discuss with Corazon Bacus if she is still interested to
buy their parcel of land;

7. Later on, Spouses Tumbocon and Corazon Bacus had a

misunderstanding regarding the sum of money tendered by the
latter. Thus, the parties appeared before the Public Attorney’s
Office (PAO) Sarangani District to settle their differences;

8. During the conduct of Mediation Conference before the PAO,

Sarangani District, the parties were able to reach a settlement.
In accordance with the terms and conditions of their
Memorandum of Agreement, Spouses Tumbocon returned the
sum of Forty Thousand Pesos (P40,000.00) to Corazon Bacus
which represents the amount paid by the latter to the former.
On the other hand, Corazon Bacus undertook to renounce,
waive and abandon her claim of possession and ownership over
the aforementioned parcel of land. Further, Corazon Bacus
undertook that she, her representatives, heirs and assigns shall
immediately vacate the property and shall no longer disturb the
possession and ownership of the Spouses Tumbocon. (To prove
the fact of the foregoing attached herewith as Annex “B”, ”B-
1” and “B-2” and Annex “C” are respectively the
Memorandum of Agreement and Acknowledgment executed by

IN RE: PETITION FOR ISSUANCE OF NEW OWNER’S DUPLICATE

COPY OF TRANSFER CERTIFICATE OF TITLE NO. (T-60694) F-5790
IN LIEU OF THE LOST ONE, ANTONIO L. TUMBOCON,
PETITIONER.
Page 3 of 8
 the parties on 24 September 2019 before PAO, Sarangani
District.)

9. However, during the course of the mediation, it was revealed

by Corazon Bacus that the owner’s duplicate copy of the title in
dispute was inadvertently lost by her; (To prove the fact of the
foregoing attached herewith as Annex “D” is the Affidavit of
Loss executed by Corazon T. Bacus before Notary Public Atty.
Ericson Nery T. Bansiloy with Doc. No. 422, Page No. 85, Book
No. 1, Series of 2016.)

10. However, despite her diligent search and effort to locate the
Owner’s Duplicate Copy of Title, she could no longer find it,
such that she genuinely believes that it has been lost beyond
recovery;

11. Prior to the filing of this Petition, Corazon Bacus has already
caused the annotation of Notice of Loss at the back of the
Registry of Deeds’ original copy of TCT No. (T-60694) F-5790
as Entry No. 2017000663. (To prove the fact of the foregoing
attached herewith as Annex “E” is page 5 of 5 of the
Memorandum of Encumbrance of TCT No. (T-60694) F-5790”
with Entry No. 2017000663.)

12. Petitioner has secured a Certificate of Intactness from the

Registry of Deeds for the Municipality of Alabel, Sarangani
Province attesting that the latter’s original copy of his title is
existing and intact. (To prove the fact of the foregoing,
attached herewith as Annex “F” is the Certificate of
Intactness from the Registry of Deeds.)

CAUSE OF ACTION

13. 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 the owner or by
IN RE: PETITION FOR ISSUANCE OF NEW OWNER’S DUPLICATE
COPY OF TRANSFER CERTIFICATE OF TITLE NO. (T-60694) F-5790
IN LIEU OF THE LOST ONE, ANTONIO L. TUMBOCON,
PETITIONER.
Page 4 of 8
 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.”

14. Petitioner is the registered owner of the parcel of land covered

by TCT No. (T-60694) F-5790 as shown in the records of the
Registry of Deeds, Alabel, Sarangani Province. The existence
and intactness of his certificate of title over his property has
been attested by the said office;

15. In compliance to paragraph 1 of Section 109, P.D. No 1529, a

due notice that the Owner’s Duplicate Copy of Title was lost
was already given to the Registry of Deeds, Alabel, Sarangani
Province. The Notice of Loss has been annotated at the back of
the title under page 5 of 5 of the Memorandum of
Encumbrance of TCT No. (T-60694) F-5790”, with Entry No.
2017000663;

16. 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;

17. In view of the foregoing facts and under the Mirror Principle,
Petitioner has a cause of action to file the instant Petition.
PRAYER

IN RE: PETITION FOR ISSUANCE OF NEW OWNER’S DUPLICATE

COPY OF TRANSFER CERTIFICATE OF TITLE NO. (T-60694) F-5790
IN LIEU OF THE LOST ONE, ANTONIO L. TUMBOCON,
PETITIONER.
Page 5 of 8
 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
Municipality of Alabel, Sarangani Province 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 premises are likewise
prayed for.

Alabel, Sarangani Province, Philippines, 16 March 2020.

MOST RESPECTFULLY SUBMITTED:

PUBLIC ATTORNEY’S OFFICE

SARANGANI DISTRICT
Alabel, Capitol Complex

NESTONI M. SENARILLOS
Public Attorney I
Roll of Attorney No. 67653
TIN 499-129-650
PTR exempt under Section 139 (d) of R.A. 7160
IBP No. (Paid, but under process for release of Official receipt)
South Cotabato Chapter
Email address: nestonisenarillos@gmail.com
MCLE Compliance on process for issuance
Mobile Phone No. 09568159541

NOTED AND APPROVED BY:

BAI ALEFHA HANNAH M. MUSA-ABUBACAR

PUBLIC ATTORNEY II
OIC District Public Attorney
Roll of Attorney No. 67366
MCLE Compliance No. VI-0009755
IBP OR No. 120317/11 January 2020

Copy furnished:

IN RE: PETITION FOR ISSUANCE OF NEW OWNER’S DUPLICATE

COPY OF TRANSFER CERTIFICATE OF TITLE NO. (T-60694) F-5790
IN LIEU OF THE LOST ONE, ANTONIO L. TUMBOCON,
PETITIONER.
Page 6 of 8
The Registry of Deeds for the Registry Receipt No.
Province of Sarangani _________________________
(Respondent)
Alabel, Sarangani Date: 16 March 2020

Republic of the Philippines )

Alabel, Sarangani Province ) s.s.
x-------------------------------------x

VERIFICATION AND CERTIFICATION

AGAINST FORUM SHOPPING

I, Antonio L. Tumbocon, of legal age, Filipino, and a resident of

Alabel, Sarangani Province after having been duly sworn to in
accordance with law, do hereby depose and say:

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.

IN RE: PETITION FOR ISSUANCE OF NEW OWNER’S DUPLICATE

COPY OF TRANSFER CERTIFICATE OF TITLE NO. (T-60694) F-5790
IN LIEU OF THE LOST ONE, ANTONIO L. TUMBOCON,
PETITIONER.
Page 7 of 8
 IN WITNESS WHEREOF, I have hereunto set my hand this 16
March 2020 at Alabel, Sarangani Province, Philippines.

Antonio L. Tumbocon
Affiant
TIN I.D. 902-824-309

SUBSCRIBED AND SWORN TO BEFORE ME this 16 March 2020

at Alabel, Sarangani Province, Philippines. Affiant exhibited to me his
abovementioned competent proof of identification, known to me to
be the same person who executed the foregoing instrument and
acknowledged to be his own free act and voluntary deed.

WITNESS MY HAND SEAL.

ATTY. NESTONI M. SENARILLOS

PUBLIC ATTORNEY I
Authority Under Sec. 8 R.A. 9498
ROLL NO. 67653

IN RE: PETITION FOR ISSUANCE OF NEW OWNER’S DUPLICATE

COPY OF TRANSFER CERTIFICATE OF TITLE NO. (T-60694) F-5790
IN LIEU OF THE LOST ONE, ANTONIO L. TUMBOCON,
PETITIONER.
Page 8 of 8