Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
Branch ____, Makati City

IN RE: PETITION FOR THE

ISSUANCE OF A NEW OR
ANOTHER OWNER’S DUPLICATE
COPY OF CONDOMINIUM
CERTIFICATE OF TITLE NO.
16829, OF THE REGISTRY OF
DEEDS OF MAKATI CITY, IN
LIEU OF THE LOST ONE,

RENE VAN DER HORST, also

known as RON VAN DER HORST,
represented by his Attorney-in-
Fact, LOURDES T. BARANDA,
Petitioner,

-versus- L.R.C. Case No. ___________

THE REGISTRY OF DEEDS OF

MAKATI CITY, METRO MANILA,
Respondent.
x- - - - - - - - - - - - - - - - - - - - - - - x

PETITION

COMES NOW, the petitioner through the undersigned counsel

and unto this Honorable Court, most respectfully states and avers
that:

1. Petitioner Rene Van Der Horst, also known as Ron Van Der
Horst, is of legal age, married to Nenette Van Der Horst, both
Austrialian citizens also and with postal address also at No. 47 B
Columbia Street, Don Bosco, Better Living, Parañaque City, Metro
Manila, and who is being represented in this petition by Lourdes T.
Baranda as their duly appointed Attorney-in-Fact, who is of legal age,
married, Filipino citizen, and presently residing at No. 134 Saging
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Street, Phase 2, CAA, Las Piñas City, Metro Manila. Copy of the
Special Power of Attorney executed by petitioner Ron Van Der Horst is
hereto attached and marked as Annex “A”;

2. Respondent Registry of Deeds of Makati City is a government

agency tasked of keeping the original copy of the titles for real
properties located within the territorial jurisdiction of Makati City,
with office address at 5th Floor, Makati City Hall, Makati City, Metro
Manila, where it may be served with summons together with the copy
of this petition and such other processes of this Honorable Court;

3. The petitioner and his wife are the registered owners of a

condominium unit described as “Unit No. 1200, located at the
Twelveth Floor of the CITYLAND CONDOMINIUM V; unit area – 42.74
sq. m.; % common area – 0.221%”, located in Bangkal, Makati City,
Metro Manila, and covered by Condominium Certificate of Title No.
16829, a copy of which is hereto attached and marked as Annex “B”;

4. The original Owner’s Duplicate Certificate copy of the said

title was in possession of the petitioners. However, sometime in June
2010 they discovered that it was missing and despite earnest efforts
exerted to recover it, such efforts remained futile as the petitioners
were not able to find and locate the same, thus, an Affidavit of Loss
was executed by the petitioner and his wife, Nenette Van Der Horst,
on June 16, 2010, a copy of which is hereto attached and has been
marked as Annex “C”;

5. That the above-described real property has been declared for

taxation purposes as evidenced by Tax Declaration No. F01-0001-
08026, a copy of which is hereto attached and marked as Annex
“D”;

6. That petitioner and his wife desire that a new owner’s

duplicate copy of the aforementioned title be issued by the Registry of
Deeds of Makati City in lieu of the lost one, and for that purpose, it is
respectfully requested that the original of Condominium Certificate of
Title No. 16829 kept in the Office of the Registry of Deeds of Makati
City be made as source thereof;

7. That considering further that this is merely a petition for the

issuance of new owner’s duplicate copy and that the original thereof
is intact in the Office of the Registry of Deeds concerned, it is humbly
submitted that the petition and the notice of hearing that would be
subsequently issued by the Honorable Court need not be published in
a newspaper of general circulation but merely be posted in designated
conspicuous public places, conformably to the Supreme Court
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decision in the case of Gocheco vs. Estacio, 6 SCRA 278, the

pertinent portion of which reads as follows:

“Notice of the hearing of a petition for the issuance of

an owner’s duplicate copy of a certificate of title need not
be published if the complete records of the original of the
certificate of title is intact in the Register of Deeds.”

PRAYER

WHEREFORE, in view of all the foregoing, it is most respectfully

prayed of this Honorable Court that after due notice and hearing, a
judgment be rendered declaring as null and void the lost Owner’s
Duplicate Certificate copy of Condominium Certificate of Title No.
16829, and ordering the Register of Deeds of Makati City to issue a
new or another Owner’s Duplicate Certificate copy of said title in lieu
of the lost one.

Other reliefs just and equitable are likewise prayed for.

Pasay City for Makati City, Metro Manila, August 26, 2011.

FERANCULLO EVORA ASKALI Law Firm

Counsel for the petitioner
Room 206, C.K. Sy Diamond Bldg.
No. 156 Libertad St., Pasay City
Tel. No. 833-1821

By:

DELBERT F. EVORA
IBP No. 837555/1-11-11
Pasay City, Metro Manila
PTR No. 9830854/1-11-11
Pasay City, Metro Manila
Roll No. 50300
MCLE C.O.C. No. III-0017327
Issued on June 16, 2010
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REPUBLIC OF THE PHILIPPINES)

PASAY CITY, METRO MANILA ) S.S.

VERIFICATION and CERTIFICATION

We, RENE VAN DER HORST, also known as RON VAN DER
HORST, and LOURDES T. BARANDA, after having been sworn to in
accordance with law, do hereby depose and say:

1. That we are the petitioner and the duly appointed Attorney-

in-Fact of the petitioner, respectively, in the above-entitled case;

2. That we have caused the preparation of the foregoing petition

through our lawyer;

3. That we have read and understood the allegations contained

therein which are all true and correct of our own personal knowledge
and based on authentic records;

4. That we have not commenced any other action or proceeding

involving the same issues and parties before the Supreme Court, the
Court of Appeals, or before any other tribunal or agency; that to the
best of our knowledge there is no such action or proceeding that is
pending before the Supreme Court, the Court of Appeals, or before
any other tribunal or agency; and that we undertake to inform this
Honorable Court such fact within five (5) days from our knowledge
thereof if we will later on learn of the same.

IN WITNESS WHEREOF, I have hereunto affixed my signature

on this _____________, 2011, at Pasay City, Metro Manila.

RENE VAN DER HORST

a.k.a. RON VAN DER HORST LOURDES T. BARANDA
Affiant Affiant

SUBSCRIBED AND SWORN to before me this __________, 2011,

at Pasay City, Metro Manila, affiants exhibited to me the original of
their respective Australian Passport No. N2553749 and S.S.S. ID No.
33-7509605-0, with their respective picture and signature appearing
thereon, known to me to be the same persons who voluntarily
executed the foregoing.

Doc. No. _____

Page No. _____
Book No. _____
Series of 2011.