Republic of the Philippines

REGIONAL TRIAL COURT

Ninth Judicial Region
Branch _____
Zamboanga City

IN THE MATTER OF THE Cad. Case No. 123-1234

PETITION FOR REPLACEMENT OF
LOST OWNER’S DUPLICATE COPY
OF TITLE NO. 111-23412310012

Petitioner,

versus

OFFICE OF THE REGISTRY OF

DEEDS OF ZAMBOANGA CITY,

Nominal Respondent,

x--------------------------------------------x

PETITION

COMES NOW Petitioner, through undersigned counsel, unto this

Honourable Court, most respectfully avers that:

PARTIES

1. That Petitioner RAMON ANG SY is of legal age, Filipino citizen and with
residence address at Culianan, Zamboanga City, Philippines. He may be
served with court processes at the undersigned counsel’s office address
hereunder indicated;

2. The herein Petitioner is the registered owner of a parcel of land located in

the Barangay of Mercedes, containing an area of FORTY SQUARE
METERS (40 SQ.M.) more or less, registered with the Registry of Deeds
for Zamboanga City, more particularly described as follows;

“ A PARCEL OF LAND (LOT 3, BLOCK 7 OF THE CONSOLIDATION-

SUBD. PLAN PCS – 07 – 0054 – 88 BEING A PORTION OF THE
CONSOLIDATION OF LOTS 149, 150 & 151, GSS – 1262) SITUATED
IN THE BARANGAY OF MERCEDES, CITY OF ZAMBOANGA, PROVINCE
OF ZAMBOANGA DEL SUR. BOUNDED ON POINT 1 BY LOT 25, BLOCK
 7, ON THE WEST, ALONG LINE 1 – 2 BY LOT 4 BLOCK 7 ; ON THE
NORTH, ALONG LINE 2 – 3 BY ROAD LOT 10 (6.50 M. WIDE) ; ON
THE EAST, ALONG LINE 3 – 4 BY LOT 2, BLOCK 7 ; ON POINT A BY
LOT 27, BLOCK 7 ; AND ON THE SOUTH , ALONG LINE 4 – 1 BY LOT
26, BLOCK 7 , ALL OF THE CONSOLIDATION – SUBD. PLAN.
BEGINNING AT A POINT MARKED “1” ON PLAN BEING S. 63 DEG. 28
‘W., 1431.48 M. FROM MBM NO. 02, PLS – 823 , NANGKA, NAGA ;
THENCE DUE NORTH, 08.00 M TO POINT 4 ; THENCE DUE WEST ,
05.00 M TO THE POINT OF BEGINNING ; CONTAINING AN AREA OF
FORTY (40) SQUARE METERS, MORE OR LESS. ALL POINTS
REFERRED TO ARE INDICATED ON THE PLAN AND MARKED ON THE
GROUND ARE PS. CYL.CONC.MONS. 15 X 40 CM. BEARINGS TURE.
DATE OF THE ORIGINAL SURVEY FEBRUARY 19, 1980 AND THAT OF
THE CONSOLIDATION – SUBD. SURVEY, EXECUTED BY GEODTIC
ENGR., PEDRO S. ABELLA ON APRIL 05 2009 AND APPROVED ON
JULY 13, 2009.”

A copy of a Certified True Copy of Title No. 111-23412310012 is hereto

attached as “Annex A”

STATEMENT OF THE FACTS

3. That the abovementioned parcel of land bearing title no. 111-

23412310012 is registered with the City Assessor’s Office of Zamboanga
City under the name of petitioner for tax purposes. A copy of the Tax
Declaration is hereto attached as “Annex B”;

4. That the Owner’s Duplicate Copy of Transfer Certificate of Title No. 111-
23412310012 was safely kept in petitioner’s residence located at Barangay
Culianan, Zamboanga City, Philippines;

5. That sometime on December 2022, a typhoon passed over the City of

Zamboanga, causing several places to get flooded;

6. That residence of petitioner is located near a river. Due to their close

proximity to the river and the strong typhoon, the Local Government of
Zamboanga instructed several residents in areas in flood prone areas to
evacuate to safety;

7. Petitioner heeded the advice of the Local Government of Zamboanga City

and evacuated to the nearest safe zone in their area;

8. When the typhoon passed and the flood has gone down, petitioner
returned to their residence only to find out that their house is a total
wreck;

9. That petitioner searched and exerted diligent efforts to locate important

documents that can still be recovered from their flooded residence, among
 them was the Owner’s Duplicate Copy of Transfer Certificate of Title No.
111-23412310012 which was safely kept in their residence. However,
despite these diligent efforts, the same turned to be futile.

10. That petitioner executed a Notice of Loss and an Affidavit of Loss of

Owner’s Duplicate Copy of Transfer Certificate of Title No. 111-
23412310012, and the same was submitted to the Registry of Deeds for
Zamboanga City for proper annotation of the lost title. A Copy of the
Notice of Loss and Affidavit of Loss of Owner’s Duplicate Copy of Transfer
Certificate of Title No. 111-23412310012 are hereto attached as “Annex
C” and “Annex D”;

11. That based on authentic records and to the best of Petitioner’s personal
knowledge and belief, the Owner’s Duplicate Copy of Transfer Certificate
of Title No. 111-23412310012 has not been mortgaged, pledged, leased,
or in any way used as collateral to secure any obligation by Petitioner;

12. Further, there exists no deed or instrument affecting the said property
and pending to this date in the Office of the Registry of Deeds;

13. The Registry of Deeds still maintain an intact record of Transfer Certificate
of Title No. 111-23412310012.

PRAYER

WHEREFORE, premises considered, herein plaintiff, through counsel,

most respectfully prayed of this Honorable Court that, after due notice and
hearing, judgment be rendered by decreeing, to wit:

1. That after due notice and hearing, to order and direct the Registry of
Deeds for Zamboanga City, Philippines, to issue a new Owner’s Duplicate
Copy of Transfer Certificate of Title No. 111-23412310012 in the name of
Petitioner in exactly the same terms and condition in lieu of the one that
was lost.

2. That the court grant herein Petitioner other reliefs that are just and
equitable under the circumstances.

Zamboanga City, Philippines, ______________________.

KIM-MOLINA LAW OFFICE

Law Offices
Zamboanga City

By:

ATTY. MARIE Z. KIM

 Counsel for Petitioner
Roll of Attorney’s No. 12345
PTR No. 1230000; 12-16-20; Zambo. City
IBP No. 112233; 12-28-20; Zambo. City
MCLE Compliance No. VI- 0001234; 04/14/2012
Kim Law Office, Room 5, A.B. Building,
John St., Tetuan,
7000 Zamboanga City.
Cp no. 0912-1234567
e-mail address: mariekim@yahoo.com