Republic of the Philippines

REGIONAL TRIAL COURT

4TH JUDICIAL REGION
Branch 75
San Mateo, Rizal

IN RE : RE-ISSUANCE OF OWNER’S
DUPLICATE COPY OF TRANSFER
CERTIFICATE OF TITLE NO. 460388
OF THE REGISTRY OF DEEDS OF
MARIKINA CITY
LRC NO. R-1446-16

MARIA AN MENDOZA,
Represented by ZENAIDA M. ACLETO
Petitioners,

-versus-

THE REGISTRY OF DEEDS OF

MARIKINA CITY,
Respondent.
x----------------------------------------------x

DECISION
For resolution of this Court is a Petition for Re-issuance of Owner’s
Duplicate Copy of Transfer Certificate of Title No. 460388 of the Registry of
Deeds of Marikina City.

FACTS OF THE CASE

In the Petition dated November 25, 2016, petitioner alleged that:

“She is of legal age, Filipino and a resident of No. 95 Yellow St.,

Belisario Compound, SAV-6, Brgy. San Isidro, Parañaque City, herein
represented by her sister ZENAIDA M. ACLETO, her duly constituted
attorney-in-fact, likewise of legal age, married, Filipino citizen, with
residence at Block 7 lot 1 Cadiz, El Fuentebello St., 4 th Estate, Parañaque
City. Petitioner is the registered owner of a parcel of land situated at
Cortijos De San Rafael, San Rafael, Rodriguez (Montalban), Rizal
consisting One Hundred Fifty (150) square meters and covered by Transfer
Certificate of Title (TCT) No. 460388. Said lot is declared for realty tax
purposes under Tax Declaration No. 15-R-011-01312TM and 15-R-011-
01313TM for the improvement. Petitioner’s payment of the required real

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 property taxes is current and updated for the year 2016 as evidenced by
Certification or Tax Clearance issued by the Province of Rizal. Petitioner’s
copy of TCT No. 460388 was kept inside the drawer in their family house
for safekeeping together with her other important papers. When the
petitioner needed the said title, it could no longer be found. Despite
diligent efforts and with the help of other family members looking for the
said title, however, the search was in vain. Thus, it could no longer be
found. Thereafter, Petitioner executed an Affidavit of Loss dated April 8,
2009 and that the same was registered with the Office of the Registry of
Deeds of Marikina City and annotated on TCT No. 460388 under Entry No.
715055/T-460388. Incidentally, Petitioner manifests that the TCT No.
460388 has never been sold, conveyed, mortgaged, delivered, disposed,
attached, levied or encumbered to or by any person or entity to
guarantee or secure payment of any obligation. Neither has said title
been neither confiscated nor relinquished in favor of any government
agency or authority. Thus, the said title is clean from any encumbrances
as clearly shown in the title itself.
(Petition, pp. 1-2, Record)

Based on the foregoing, petitioners pray that after due hearing,

judgment be rendered in favor of petitioner, ordering the Registry of Deeds
of Marikina City to issue a new owner’s duplicate copy of Transfer
Certificate of Title No. TCT No. 460388 in lieu of the lost one. (Petition, p. 3,
Ibid)

The petition was set for initial hearing on March 7, 2017 where the
jurisdictional requirements have been established with the marking and
presentation of the following:

Exhibit “A” Petition;

Exhibits “A-1” Special Power of Attorney;
Exhibit “B” TCT No. 460388;
Exhibit “C” Tax Declaration-Lot;
Exhibit “C-1” Tax Declaration-Improvement;
Exhibit “D” Certification
Exhibit “E” Affidavit of Loss;
Exhibit “F” Order dated December 15, 2016
Exhibit “F-1” Return Card-Register of Deeds;
Exhibit “G” Certificate of Posting (Reserved).
(p. 22, Record)

Thereafter, trial on the merits ensued.

Petitioner Maria An Mendoza through her representative Zenaida M.

Acleto submitted her Judicial Affidavit which forms part of her direct
testimony after the same was identified and marked before this Court.
Zenaida’s testimony was offered to prove that the petitioner in this case is

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the registered owner of the property covered by TCT No. 460388; that the
owner’s duplicate copy of TCT No. 460388 was lost in petitioner’s
possession and the necessary affidavit of loss executed and caused its
annotation in the title.

When Zenaida was called to testify, she affirmed and confirmed the
veracity and truthfulness of all the statements contained in his Judicial
Affidavit and during the course of her testimony, she identified the
following:

i. Special Power of Attorney

ii. TCT No. 460388
iii. Tax Declaration-Lot
iv. Tax Declaration-Improvement
v. Affidavit of Loss
(pp. 24-29 JA, Record)

Further, petitioner presented another witness in the person of Ma.

Corazon M. Gaspar of the Registry of Deeds, Marikina City who testified
during the direct examination that:

“She is the Records Officer and representative of the

Registry of Deeds of Marikina City, in charge of the custody and
safekeeping of all documents turned over to the vault; She has
with her original copy of TCT No. 460388 in the name of Maria
An Mendoza which was on file with the Office of the Registry of
Deeds. (pp. 1-7, TSN dated September 26, 2017, Record)

On April 18, 2018, this case was submitted for decision after
petitioners filed their Memorandum.

Hence, this Decision.

RULING

The present petition is an issuance of a new owner’s duplicate copy of

Transfer Certificate of Title No. 460388 by the Registry of Deeds of Marikina
City. As such, it is governed by Section 109, Chapter X of Presidential Decree
No. 1529, to wit:
 
“Sec. 109. Notice and replacement of lost duplicate certificate.
In case of loss or theft of an owners duplicate certificate of title, due
notice under oath shall be sent by the owner or 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

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 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.” [Emphasis Supplied]
 
Further, in a petition for the issuance of a second owner's duplicate
copy of a certificate of title in replacement of a lost one such is this present
petition, the only questions to be resolved are: whether or not the original
owner's duplicate copy has indeed been lost and whether the petitioner
seeking the issuance of a new owner’s duplicate title is the registered
owner or other person in interest. (Dizon vs. Philippine Veterans Bank
citing Macabalo-Bravo vs. Macabalo, G.R. No. 144099, 26 September 2005
and New Durawood Co., Inc. vs. Court of Appeals, G.R. No. 111732, 20
February 1996)

Based on the above rules, the Court finds that petitioners have
sufficiently established that they are entitled to the reliefs prayed for.

The loss of the subject owner’s certificate of titles was sufficiently

proven. The true electronic copy of subject certificate of title submitted
before this Court show that an affidavit of loss was duly annotated on
thereon. The electronic copy provides:

“Entry No. 715055/T-460388 - AFFIDAVIT OF LOSS – The owner’s duplicate

copy of this Certificate of Title xxx was allegedly lost xxxxxxxxxxxxx in
accordance with Doc. No. 76, page 16 book no. 11 series of 2009 of
Notary Public for Manila, Richard Anulin, dated April 14, 2009.

Date of the inscription – May 8, 2009 – 11:30 a.m.”

(p. 15, Record)

Furthermore, Petitioner sufficiently found that she is the registered

owner of the property. It was supported by the Judicial Affidavit of Mrs.
Zenaida M. Acleto. Moreover, a representative and record officer from the
Register of Deeds of Marikina City testified in open court that the RD’s copy
of the title subject of this petition is still intact and existing in their office.

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 WHEREFORE, premises considered, the instant petition is hereby
GRANTED. Accordingly, judgment is hereby rendered:

1. ordering the Register of Deeds of Marikina City, upon payment

of petitioners of the prescribed fees, to issue new owner’s
duplicate of Transfer Certificate of Title No. 460388 in lieu of the
lost one which is hereby cancelled and declared of no further force
and effect and to annotate on said title a memorandum of the
issuance of new owner’s copy thereof in lieu of the lost one; and,

2. ordering the Register of Deeds of Marikina City to deliver the

above-said new owner’s copy of the title to petitioners herein
or their counsel or duly authorized representative provided
that such new owner’s copy of the title to be issued shall be
made subject to the same terms and conditions as the
original thereof and that no document or transaction registered
or pending registration in his office shall be adversely affected
thereby.
 
SO ORDERED.
San Mateo, Rizal,

BEATRICE A. CAUNAN-MEDINA 
  Presiding Judge