REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

THIRD JUDICIAL REGION
BRANCH ___
GAPAN CITY

IN RE: ISSUANCE OF NEW OR

SECOND OWNER’S
DUPLICATE COPY OF TCT NO.
NT—292601 OF THE
REGISTRY OF DEEDS OF
NUEVA ECIJA,

ETHEL ANNE DE VEYRA

DAUZ,
Petitioner,

- versus - LRC CASE NO. ____________

THE REGISTER OF DEEDS FOR
THE PROVINCE OF NUEVA
ECIJA
Respondent.
X-------------------------------X

PETITION

COMES NOW, petitioner, through the undersigned counsel, unto this

Honorable Court, most respectfully alleges THAT:

1. Petitioner is of legal age, married, Filipino and a resident of 24

Champaca St. Mapayapa Village 2, Brgy. Holy Spirit, Quezon City where
she may be served with all judicial processes of this Honorable Court.
Attached herewith and made integral part of this petition is the
petitioner’s proof of identity—a copy of her passport, which is hereto
attached and marked as Annex “A”;

2. Respondent is a public officer in charge of the registration of documents

involving conveyances of registered real estates and is the official
custodian of land titles for the Province of Nueva Ecija, with office

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 address at the City Hall of Cabanatuan City where he may be served with
summons and all other judicial processes;

3. Petitioner’s late mother ELSIE B. DE VEYRA and her father, ERNESTO DE

VEYRA are the registered owners of the said parcel of land which
contains an area of Twenty Nine Thousand Six Hundred Ninety Four (29,
694) Square Meters. Evidencing such ownership is the hereto attached
certified true copy of TCT No NT—292601 marked as Annex “B”;

4. To prove the filiation of the petitioner with her parents, attached

herewith as Annex “C” is the copy of her Certificate of Live Birth;

5. For almost a decade now, ERNESTO DE VEYRA has gone physically and
mentally weak, and so the task of keeping those documents was solely
performed by ELSIE;

6. On 1 May 2021, ELSIE B. DE VEYRA, at the age of 88 passed away.

Attached herewith and made integral part of this petition is her death
certificate which is marked as Annex “D”;

7. During her lifetime, Elsie, as the matriarch, was the custodian of the
family’s important documents, and she kept all those in a wooden chest
inside their bedroom.

8. A month after Elsie’s passing, her children decided to settle her estate,
and started looking for the titles to their property. Most of the titles
were kept intact and found inside the wooden chest other than the TCT
subject of this petition;

9. Petitioner and her siblings checked every nook of their house and
inquired from their relatives if they have seen the missing title, but all
was for naught;

10.Convinced that the said title is beyond recovery, petitioner executed an

affidavit of loss concerning the said certificate of title. Thereafter,
petitioner caused the affidavit to be annotated on the Memorandum of
Encumbrance of TCT No. NT—292601. Said annotation as Entry No.
2022005009 can be found on page 5 of TCT No. NT—292601 will be
marked at the trial as Exhibit “B-1” while the affidavit of loss will be
marked as Exhibit “E”.

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 11.The subject parcel of land is currently in actual physical possession of
the petitioner and her father and has also been declared for taxation
purposes under the names of ELSIE B. DE VEYRA married to ERNESTO DE
VEYRA. Copy of Tax Declaration of Real Property No. 17-22009 issued by
the Office of the Municipal Assessor of San Leonardo, Nueva Ecija is
hereto attached. The same will be marked at the trial as Exhibit “F”,
realty property tax therefor up until the fourth quarter of 2022 has been
fully paid as evidenced by the hereto attached copy of the Official
Receipt No. 1752730 dated June 6, 2022 issued by the Office of the
Treasurer of San Leonardo, Nueva Ecija which will be marked as Exhibit
“F-1”. Tax clearance for the same property issued by the Office of the
Municipal Treasurer of San Leonardo is hereto attached as Exhibit “G”;

12.The owner’s duplicate copy of TCT No. NT—292601, or the land covered
by it, has never been sold, conveyed, pledged, mortgaged or
encumbered by the petitioners to any person or entity to satisfy any
obligation but has in fact been missing;

13.This petition is filed pursuant to Section 109 of Presidential Decree (PD)

No. 1529 (Property Registration Act), which states:

SEC 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 of by 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 respect be entitled to like faith and credits as the original duplicate as
the original duplicate, and shall thereafter be regarded as such for all
purposes of this decree.

14. The petitioner herself will be presented as witness during the trial of
this case to prove the truth of the material facts narrated in this petition
and to identify and authenticate the above-stated documentary

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 exhibits. Copy of Ethel Ann De Veyra Dauz’s Judicial Affidavit is hereto
attached and will be marked as Exhibit “H”;

15.After the testimony of Ethel Ann De Veyra Dauz, the above-stated

exhibits will be marked as Exhibits “A” to “H” and shall be formally
offered in support of this petition and for the purposes as above-stated.

WHEREFORE, all the foregoing premises considered, petitioner most

respectfully prays for this Honorable Court that after due notice, posting and
hearing, judgment be rendered:

1. DECLARING the second owner’s duplicate copy of TCT No. NT—292601

registered in the name of the petitioner’s parents ELSIE B. DE VEYRA
married to ERNESTO DE VEYRA as lost and beyond recovery; and

2. ORDERING the respondent Register of Deeds of Nueva Ecija to issue a

Second Owner’s Duplicate of TCT No. NT—292601 in accordance with
the above stated provision of PD 1529;

Petitioner further prays for other reliefs consistent with justice and equity.

22 July 2022; General Tinio, Nueva Ecija.

By:

ELIJAH B. BACTOL
Counsel for the Petitioner
#23 Bonifacio Street, Poblacion Central,
General Tinio, Nueva Ecija
Roll of Attorneys No. 74375
IBP No. 185304 / 24 February 2022
MCLE Compliance No. VII-0020045 valid until 14 April 2025
PTR No. 7349688/ 10 January 2022 / Municipality of General Tinio
Issued at General Tinio, Nueva Ecija
Email Address for videoconference and notices: elijah77.law@gmail.com
Mobile Phone Number 09178005494

VERIFICATION AND CERTIFICATION

AGAINST FORUM-SHOPPING

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 I, ETHEL ANNE DE VEYRA DAUZ, Filipino, of legal age, married, resident of
24 Champaca St. Mapayapa Village 2, Brgy. Holy Spirit, Quezon City, after being
sworn to in accordance with law, hereby depose and state:

1. That I am the petitioner in the above-entitled petition;

2. That I caused the preparation and filing of the petition and I have read
and understood the allegations therein;

3. That I attest that all the allegations are true and correct of my own
personal knowledge and based on authentic documents;

4. The petition is not filed to harass, cause unnecessary delay or needlessly

increase the cost of litigation; and

5. The factual allegations therein have evidentiary support or, if specifically

identified, will likewise have evidentiary support after a reasonable
opportunity for discovery;

6. I certify that (a) I have not commenced any action or filed any claim
involving the same issues in any court, tribunal or quasi-judicial agency
and to the best of my knowledge, no such other action or claim is
pending therein; (b) if I should thereafter learn that the same or similar
action or claim has been filed or is pending, I shall report that fact within
five (5) calendar days therefrom to this Honorable Court.

IN WITNESS WHEREOF, I have hereunto set my hand this 22 nd day of July

2022 at General Tinio, Nueva Ecija.

ETHEL ANNE DE VEYRA DAUZ

Affiant

SUBSCRIBED AND SWORN TO before me this 22 nd day of July 2022 at

General Tinio, Nueva Ecija after the above-named affiant exhibited to me her
personal identification card.

Doc. No. _____

Page No. _____
Book No. IV

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Series of 2022

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