Professional Documents
Culture Documents
LEONILO N. ANTONIO,
Petitioner.
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PETITION
1. Petitioner is of legal age, married and a resident of Block 6, Lot 7, Makiling St.,
Bermuda Country Subdivision, Pamplona, Las Piñas City, where he may be served with court
Company, Ltd. (“Insular Life”) by virtue of a Deed of Absolute Sale a parcel of land covered by
Transfer Certificate of Title No. T-34193 (Copies of the Deed of Absolute Sale and the
corresponding cancelled TCT No. T-34193 is attached as Annexes “A” and “A-1”, respectively.)
located at Bermuda Country Subdivision, Pamplona, Las Piñas City, registered under the name of
Insular Life.
follows1:
1
A certified copy of the technical description of the parcel of land covered by the lost certificate of title as
certified by the Chief of the Technical Services Section of the Department of Environment and Natural Resources
(“DENR”) is attached herewith as Annex “G”.
1
“A parcel of land (Lot 7, Blk 6, of the cons. subd. Plan Pcs-13-000451, being a
portion of the cons. of Lot 2, Psu-172533, Lot 2-A (LRC) Psd-232288, Lot 1,
(LRC) Psd-72253, & Lot 1, (LRC) Psd=53634, (LRC) Rec. Nos. N-18807, N-
15675, and N-17159), situated in the Bo. Of Pam[plona, & culasi, Mun. of Las
Piñas, Metro Manila, Island of Luzon. xxx containing an area of ONE
HUNDRED SIXTY FIVE (165) SQUARE METERS. xxx.”
3.1 The lot is bounded on the NORTHEAST by Lot 8, Blk. 6 under Certificate of
Title No. T-16359 registered in the name of Cesar G. Lansangan and Mila F.
Lansangan with address at No. 31 Orbiter St., Moonwalk Village, Talon Las
Piñas;2
3.2 The lot is bounded on the SOUTHEAST by Lot 9, Blk. 6 under Certificate of
Title No. T-4370 registered in the name of Mike Pascual Opleda with address at
Title No. 104964 registered in the name of Bonifacio S. Bismonte with address at
Payment of the transfer taxes was then made with the City Treasurer of Las Piñas City (Copies of
Official Receipt No. 8023851-J and the corresponding Confirmation of Payment issued by the
Office of the Treasurer is attached as Annexes “C” and “C-1”, respectively). Subsequently, the
property was then registered under the name of petitioner and according to the files of the
Registry of Deeds of Las Piñas City (“RD”), a new title was issued under Transfer Certificate of
4. However, petitioner never received the owner’s duplicate certificate of this title.
In fact, the RD does not even have any record that it was ever released to its registered owner.
2
A copy of the Tax Declaration for Certificate of Title No. T-16359 is attached herewith as Annex “B”.
3
A copy of the Tax Declaration for Certificate of Title No. T-4370 is attached herewith as Annex “B-1”.
4
A copy of the Tax Declaration for Certificate of Title No. 104964 is attached herewith as Annex “B-2”.
2
6. Petitioner, through counsel, in a letter dated 01 June 2010 5, requested from Atty.
Joel E. Paner (“Atty. Paner”), Register of Deeds of Las Piñas City, for a copy of TCT No. T-
“xxx despite diligent efforts to locate the said title (TCT No. T-70380), the same
cannot be located from our files along with Transfer Certificate of Title No.
34193 and the supposed sale document registered with this Registry for the
issuance of said Transfer Certificate of Title No. 70380.”
8. Atty. Paner also referred in his letter two (2) books of record of the RD. First is
the Primary Entry Book which would show that there was indeed a registration of the sale of TCT
No. T-34193 executed by Insular Life in favor of herein petitioner. The second book is the
Issuance Book which would evidence that TCT No. T-34193 was cancelled by virtue of the
issuance of a new title of TCT No. T-70380 with issue date 05 April 1999.
9. Thus, through Atty. Paner’s letter, petitioner was able to confirm that there was
indeed a cancellation of TCT No. T-34193 and an issuance of TCT No. T-70380 but was also
surprised to discover that the RD has lost the following documents on file with it:
10. Attached to Atty. Paner’s letter were the certified true copies of the following
documents:
10.1 Pages 484-485 of the Primary Entry Book evidencing registration of the
sale of TCT No. T-34193 executed by Insular Life in favor of herein petitioner
(A copy of pages 484-485 of the Primary Entry Book is attached as Annex ”E-
1”.);
10.2 Pages 190-191 of the Issuance Book showing that TCT No. T-34193 was
cancelled by virtue of the issuance of a new title of TCT No. T-70380 with issue
date 05 April 1999 (A copy of pages 190-191 of the Issuance Book is attached as
Annex ”E-2”.);
10.3 Cancelled TCT No. T-9794 which is the trace back title of TCT No. T-
34193 (Please see Annex ”E-3”.); and
5
A copy of the letter dated 01 June 2010 is attached as Annex ”D”.
6
A copy of the letter dated 09 July 2010 is attached as Annex ”D-1
7
A copy of the letter dated 27 July 2010 is attached as Annex ”E”.
3
10.4 Deed of Absolute Sale covering cancelled TCT No. T-9794 (A copy of the
Deed of Absolute Sale is attached as Annex ”E-4”.).
11. A Certification was also issued by Atty. Paner to reiterate that the cancelled
certificate of TCT No. T-34193 cannot be located from the available records of the RD 8.
12. From the foregoing, it is evident that the original copy of TCT No. T-70380 on
file with the RD and the unreleased owner’s duplicate copy of the same title cannot be located
13. No deed or other instrument affecting the properties has been presented for
registration.
15. TCT No. T-70380 was in full force and effect at the time it was lost.
16. TCT No. T-70380 does not bear any annotation of encumbrance or liens or
adverse claims.
17. No co-owner’s, mortgagor’s or lessee’s duplicate of TCT No. T-70380 has been
issued.
18. There are no real property taxes due on the property as shown by the Official
Receipts from 2007 to 2011 issued by the City Treasurer’s Office of Las Piñas City. (A copy of
the Official Receipts for 2007, 2008, 2009, 2010, 2011 and 2012 for TCT No. T-70380 is
8
A copy of the Certification dated 22 October 2010 is attached as Annex “F”.
4
19. There are no liens, encumbrances, debts or claims, deeds or other instruments
affecting the property by any person or entity which have been filed or is pending registration
20. In further support of this petition, the following are also attached herewith:
20.1 The technical description of the parcel of land covered by the lost
certificate of title as certified by the Chief of the Technical Services Section of
the Department of Environment and Natural Resources (“DENR”) (A copy of
certified technical description is attached as Annex ”H”.); and
20.2 The sepia film of the subject property certified by the Chief of Surveys
Division of the DENR as an exact reproduction of the film on file at the Land
Survey Records Section (A copy of the sepia film is attached as Annex ”H-1”.).
RELIEF
1) order that the original owner’s duplicate copy of Transfer Certificate of Title
No. T-70380 lost in the possession of the Registry of Deeds of Las Piñas City be
reconstituted on the basis of its Primary Entry Book and Issuance Book and the
Deed of Absolute Sale between Insular Life and petitioner; and
2) direct the Register of Deeds of Las Piñas City to issue an Owner’s Duplicate
Certificate of Transfer Certificate of Title No. T-70380 upon payment of the
prescribed legal fees.
Other relief, just and equitable under the premises, are likewise prayed for.