Republic of the Philippines

REGIONAL TRIAL COURT

Ninth Judicial Region
Branch ______
Dipolog City

IN RE: PETITION TO MISC. SP. PROC. NO.

SURRENDER OWNER’S ________
DUPLICATE COPY OF
TRANSFER CERTIFICATE OF
TITLE NO. T-11348

HEIRS OF GREGORIA
REALISTA, namely: ANECITA
MAGSANAY-ALAGON, CELSA
REALISTA-MAGSANAY, and
MARIA DELA PAZ
MAGSANAY-ESTOSE, duly
represented by MARIA DELA
PAZ MAGSANAY-ESTOSE,
Petitioners,

- versus -

BERNARDINA GANADOS
BULAGAO, and all other
persons acting for and in her
behalf who may have interest
in the property,
Respondent.
x------------------------------------x

PETITION

PETITIONERS’ representative, through the

undersigned counsel, and unto this Honorable Court, for a
valid and meritorious cause of action, most respectfully alleges
that:

1. Petitioners’ representative is of legal age, married, and

a resident of Purok Buli, Minaog, Dipolog City. She is duly
authorized in writing by virtue of a Special Power of Attorney
dated Nov. 18, 2021 (Exhibit “C”);
2. Respondent is of legal age, widow, and a resident of
San Pedro, Dapitan City;

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 3. Petitioners and Respondent are co-owners, both by
virtue of intestate succession, over a parcel of land covered by
Transfer Certificate of Title No. T-11348 (Exhibit “A”), to the
extent of their respective predecessors-in-interest’ right of
ownership;
4. Originally, spouses Bruno Bulagao/Respondent
Bernardina Ganados, and our mother Gregoria Realista, co-
owned the real property with their respective area -- 3,636
square meters for the former and 1, 212 square meters for
the latter -- as reflected in its title and in Tax Declaration of
Real Property with TD No: 2021-02-0002-01981 (Exhibit “B”);
5. Upon death of Petitioners’ mother Gregoria Realista
on August 14, 1988, and of Bruno Bulagao last October 2021,
the 1, 212 square meters portion of the land is inherited by
the Petitioners being the only surviving children of Gregoria
Realista. On the other hand Respondent Bernardina
Ganados, being the spouse and the only sole and surviving
heir of Bruno Bulagao, also inherited the other portion of
3,636 square meters;
6. During the lifetime of Bruno Bulagao, Petitioners sent
him and the Respondent a letter proposal (Exhibit “D”) dated
February 18, 2021 to partition their common property;
7. Furthermore, in their desire to partition their property,
Petitioners requested the Respondent and her husband to
sign the Petition for Issuance of Separate Titles (With Partition
Agreement) (Exhibit “E”) but they refused to sign;
8. Petitioners have already caused the approval of
Subdivision Plan of Land of Lot 2720-G, PSD-097202-019281
(Exhibit “F”), with two technical descriptions (Exhibit “G” and
“H”) of the subdivided lots which is still embraced by the title
subject of this Petition;
9. Transfer Certificate of Title No. T-11348 is in the
possession of the Respondent ever since it was issued. She
will not let Petitioners borrow it for the purpose of processing
separate titles for the subdivided lots;
10. The production of the owner’s duplicate copy of the
above-described property is indispensably needed in the
Registry of Deeds vis-à-vis the transfer of the subdivided lots
of the above-mentioned property in the name of Petitioners;
11. Petitioners now wish that the owner’s duplicate copy
of Transfer Certificate of Title No. T-11348 be surrendered in
their favor;

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 12. Plaintiffs’ representative MARIA DELA PAZ
MAGSANAY-ESTOSE will be presented as a witness to prove
the allegations in this Petition. Attached in this Petition is her
Judicial-Affidavit. She will furthermore testify and indentify
the documentary exhibits appended in her Judicial-Affidavit;
13. The documentary exhibits appended in the Judicial-
Affidavit of MARIA DELA PAZ MAGSANAY-ESTOSE is hereby
adopted as part of Petitioners’ evidence consisting of the
following:
(Exhibit “A”) Transfer Certificate of Title No. T-11348
(Exhibit “B”) Tax Declaration of Real Property with TD
No: 2021-02-0002-01981
(Exhibit “C”) Special Power of Attorney dated Nov. 18,
2021
(Exhibit “D”) Letter proposal
(Exhibit “E”) Petition for Issuance of Separate Titles (With
Partition Agreement)
(Exhibit “F”) Subdivision Plan of Land of Lot 2720-G,
PSD-097202-019281
(Exhibit “G”) Technical descriptions Lot 2720-G-1, Psd-
09-074249
(Exhibit “H”) Technical descriptions Lot 2720-G-2, Psd-
09-074249

14. Petitioners invoke the exception, upon proper motion,

to present meritorious reasons as basis for this Honorable
Court’s admission of additional witnesses, (Rule 7, Sec. 6 (b),
Rules of Court, as amended);

PRAYER

WHEREFORE, after due notice and hearing, it is most

respectfully and humbly prayed of this Honorable Court that
judgment be rendered ordering the respondent to surrender to
this Honorable Court the aforesaid owner’s duplicate copy of
Transfer Certificate of Title No. T-11348.

Should respondent, however, refuse to surrender the said

certificate of title to this Honorable Court, an Order be issued
directing the Register of Deeds to effect the cancellation of said
certificate of title as well as the issuance of a new certificate of
title in lieu thereof under Section 107 of P.D. No. 1529.

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 Petitioners further pray for other relief and remedies
which this Honorable Court may deem just and equitable in
the premises.

_____________, Dipolog City, Philippines.

ATTY. EULOGIO L. LAGUDAS, JR.

Counsel for the Petitioners
IBP NO. 131876, 12-07-21
PTR NO. 8505285, 12-27-21
ROLL OF ATTYS. NO. 56396
MCLE COM. NO. VI-0001200 4-14-2022
Back Capitol Site, Estaka, Dipolog City

Copy Furnished:
Registry of Deeds
Zamboanga del Norte

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