Republic of the Philippines

REGIONAL TRIAL COURT

Ninth Judicial Region
Branch ____
Zamboanga City

IN RE: PETITION OF MISC. CASE NO._____

ISSUANCE OF OWNER’S
DUPLICATE COPY OF
TRANSFER CERTIFICATE OF
TITLE NO. 129-2019003777
IN LIEU OF THE LOST ONE,

ROSTICA CARPIO ATOG,

Petitioner.

X- - - - - - - - - - - - - - - - - - -- - - - - - - -X

P E T I T I O N

COMES NOW, Petitioner,ROSTICA C. ATOG, through

the undersigned counsel and unto this Honorable Court most
respectfully state:

THE PARTY

1. That Petitioner is of legal age, single, Filipino and a

resident of Cabatangan, Zamboanga City where she
may be served with subpoena, court orders and
processes;

FACTUAL ALLEGATIONS LEADING TO THE

FILING OF THE INSTANT PETITION

2. On March 14, 2016, Petitioner has purchased a

portion consisting of 200 square meters of a
parcel of land located at Cabatangan, Zamboanga
City, covered by then Transfer Certificate of Title
No. T-167,059 from PilarToribio;

3. After the sale was consummated and registered, a

new transfer certificate of title, TCT N. 129-
2019003777 was issued, which already bears the
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name of PilarToribio and RosticaAtog as co-

owners;

4. That the co-owners, subsequently agreed to

partition the said parcel of land and it was also
agreed that herein Petitioner would take charge of
the same and bear the expenses, subject to
reimbursement;

5. In effect, to facilitate the said partition, Transfer

Certificate of Title No. 129-2019003777 was
placed under the possession and control of
herein Petitioner who placed the same together
with her other important documents at her
residence;

6. To the surprise of the Petitioner, when she was

about to begin to facilitate the partition of the
land, covered by TCT No. 129-2019003777, the
Certificate of Title of the same was already no
longer in the place where she stored the same
and despite her diligent efforts, the said TCT No.
129-2019003777 could no longer be located;

7. That as such, Petitioner immediately executed an

Affidavit of Loss on February 8, 2021 for the
purpose of filing the instant Petition. The said
Affidavit of Loss was filed before the Register of
Deeds of Zamboanga City;

8. That a certified true copy of Transfer Certificate of

Title No. 129-2019003777 was issued by the said
office with annotation of the said Affidavit of Loss.
The Certified True Copy of Transfer Certificate of
Title No. 129-2019003777 with annotation of loss
is hereto attached as Annex “A”;

9. That said owner’s duplicate copies have not been

delivered to any person or entity to guarantee any
obligation or for any other purpose. Nor is it in
the possession of PilarToribio, her co-owner;

10. That the above-described parcel of land is

likewise evidenced by corresponding Tax
Declaration for Transfer Certificate of Title
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No.129-2019003777, a copy of which is hereto

attached as Annex “B”;

11. That the Office of the City Treasurer also

issued a Certification certifying that the real
property taxes for the parcel of land covered by
Transfer Certificate of Title N. 129-2019003777
has been paid up to the Fourth Quarter of 2021.
Said certification is hereto attached as Annex
“C”;

12. That the original copies of Transfer Certificates

of Title No. 129-2019003777, after inquiry from
the Register of Deeds and City Treasurer, both
of Zamboanga City, were found to be intact and
no encumbrance whatsoever has been inscribed
thereon. A copy of the Certifications issued for
Transfer Certificate of Title No. 2019003777 by
the Register of Deeds of Zamboanga City, is
hereto attached and made integral part of this
Petition as Annex “D”;

EXHIBITS TO BE PRESENTED

1. Exhibit “A” – Certified True Copy of TCT No.

129-2019003777 with annotation of the
affidavit of loss executed by herein Petitioner;

2. Exhibit “B” –Tax Declaration for TCT No. 129-

2019003777;

3. Exhibit “C” – Certification from the Office of

the City Treasurer of Zamboanga certifying
that Real Property Taxes of the land covered by
TCT No. 129-2019003777 have already been
paid;

4. Exhibit “D” – Certification from the Register of

Deeds of Zamboanga City that TCT No. 129-
2019003777 is intact and in order;

5. Exhibit “E” – Duly Verified Petition

6. Exhibit “F” – Certificate of Posting;

7. Exhibit “G” – Notice of Hearing;

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8. Exhibit “H” – Judicial Affidavit of the Petitioner

WITNESSES TO BE PRESENTED

1. PetitonerRostica C. Atog who will testify to

establish her interest on the parcel of land
covered by Transfer Certificate of Title No. 129-
2019003777, on the fact of loss of Transfer
Certificate of Title No 129-2019003777 and on
other matters germane to her main testimony.

PRAYER

W H E R E F O R E,it is respectfully prayed that after

notice and hearing, that an ORDER be issued declaring the
previously issued Owner’s Duplicate Copy of Transfer
Certificate of Title No. 129-2019003777 as null and void; and
directing the Register of Deeds for Zamboanga City to issue
new Owner’s Duplicate Copies of Transfer Certificate of Title
No. 129-2019003777 with the same faith and credit as the
previous Owner’s Duplicate Copy in favor of Petitioner
RosticaCarpioAtog.

All other reliefs just and equitable under the premises are
likewise prayed for

RESPECTFULLY SUBMITTED this ______________ 2021

at Zamboanga City, Philippines.

ESGUERRA GENERAL GENERAL AND ELUMBA LAW FIRM

Counsel for Petitioner
ESQUIRE CENTRE BUILDING
Tomas Claudio Extension, Zamboanga City
Telefax / Telephone No. (062) 990-1722/991-6421

By:

ATTY. MANUEL DONATO V. ELUMBA

Roll No. 70461 – 06/04/2018
P.T.R. No. 2170620 – 01/05/2021
IBP Membership No. 121018 – 12/23/2020
MCLE Compliance No. VI – 0028042; 5-22-2019
Zamboanga City, Philippines
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Copy furnished:

1. THE REGISTER OF DEEDS

Zamboanga City

2. THE CITY PROSECUTOR

Zamboanga City