Republic of the Philippines

2nd Judicial Region

REGIONAL TRIAL COURT
_______________________

IN RE: PETITION FOR THE ISSUANCE OF A

NEW OWNER’S DUPLICATE OF KATIBAYAN NG
ORIHINAL NA TITULO BLG. -------
REGISTERED IN THE NAME OF
-------------------, IN LIEU OF THE ONE LOST
(REPLACEMENT OF LOST TITLE).

---------------------------------------, LRA CASE

PETITIONER. NO. _____________

- VERSUS -

THE REGISTRY OF DEEDS,

--------------------------,
RESPONDENTS
X--------------------------------------------------X

PETITION
Petitioner, unto this Honorable Court, most respectfully submits this
Petition, and hereby alleges the following:

PARTIES
1. Petitioner,----------------------is of legal age, Filipino, married, and a
resident of -----------------------, where she may be served with the
orders and other processes of the Honorable Court. She is one of
the legitimate heirs of the late -------------------, and had been duly
authorized by her mother and siblings, namely:
------------------------------------, to represent them in the filing of
this instant Petition. A copy of the Special Power of Attorney
giving such authority is hereto attached, marked and made part
hereof as Annex “A”;

2. Respondent, REGISTRY OF DEEDS OF IFUGAO, is being

impleaded in its official capacity, being the official repository of
land titles in the Province of --------, and such public instruments
bearing relation to its encumbrance, conveyance, subdivision,
and/or such other incidences subsequent to its issue. It is
necessarily impleaded as the Registry of Deeds concerned where
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the land, subject of this Petition, lies, and may be served through
their Office at ----------------;

FACTS
3. Petitioner is one of the legitimate heirs of the late ----------------
who died intestate on April 14, 2005. The late ---------------- was
the registered owner of parcel of land located at ----------------------,
and is covered and embraced by Katibayan ng Orihinal na Titulo
Blg. --------------, more particularly described as follows, to wit:1

(PAGLALARAWANG TEKNIKAL)
-
4. The above-said described parcel of land was also declared for
taxation purposes under Tax Declaration of Real Property with
Assessment of Real Property No.--------------, in the name of
---------- as the declared owner. A copy of the said tax declaration
is hereto attached, marked, and made part hereof as Annex “E”;

5. During the lifetime of the late ----------------, he entrusted to

petitioner’s mother, -----------------, the possession and custody of
the owner’s copy of the Katibayan ng Orihinal na Titulo Blg.
P----------, now the subject of this Petition for safekeeping. The
latter kept the said Katibayan ng Orihinal na Titulo Blg. --------- in
her drawer for safekeeping and for easy access whenever
necessary;

6. After-------------------’s death, his wife and his children, including

herein Petitioner, decided to settle his estate. However, when they
were looking for the owner’s copy of Katibayan ng Orihinal na
Titulo Blg. -----------covering his property located at
-----------------, they cannot locate the same;

7. The heirs of ---------------- exerted their diligent efforts to find the

owner’s original copy of Katibayan ng Orihinal na Titulo Blg.
P--------, but they cannot locate the same;

8. With the foregoing, the owner’s original copy of Katibayan ng

Orihinal na Titulo Blg. ---------- under the name of --------------, is
considered lost and beyond recovery;

9. Prior to the filing of this Petition, Petitioner’s mother, -----------

executed an Affidavit of Loss, attesting under oath, that the
owner’s original copy of Original Certificate Title/ Katibayan ng
1
In case of discrepancies between such contents and values that has been manually copied and
encoded on this page, and that appearing on the attached Certified True Copy of Katibayan ng
Orihinal na Titulo Blg. ----------, the latter shall be deemed controlling and a conclusive
representation of the same.
 Page 3 of 5

Orihinal na Titulo Blg. ----------under the name of ----------, had

been lost. A copy of this Affidavit of Loss is hereto attached,
marked, and part hereof as Annex “F”;

10. After having executed the said Affidavit of Loss, Petitioner

accompanied her mother to cause the annotation of the said
affidavit before the Registry of Deeds ;

11. An original duplicate copy of the said title is intact and on file
with Respondent Registry of Deeds as per Certification / Certified
True Copy of the said Title dated June 30, 2021, which the said
Office had issued2. As a matter of fact, the Affidavit of Loss was
already annotated on the said duplicate Original Copy of the Title
on file with the said Respondent3;

CAUSE OF ACTION
REPLACEMENT OF LOST DUPLICATE CERTIFICATE OF
TITLE
12. The remedy for the replacement of a registered owner’s duplicate
certificate of title covering his or her real property is provided
under Section 109 of Presidential Decree No. 1529, to wit:

SEC. 109. Notice and replacement of lost duplicate

certificate. -In case of loss or theft of an owner's 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
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.

13. To reiterate, Petitioner Marites is one of the legitimate heirs and

thus co-owners of the estate left by her late father, ---------------.
The latter was the registered owner of a real property located at

2
Please see Annex “C, C-1, C-2, C-3, and C-4”
3
Please see Annex “C-4”
 Page 4 of 5

------------------ which is covered and embraced by Katibayan ng

Orihinal na Titulo Blg. -------------;

14. The owner’s duplicate copy of Original Certificate Title/

Katibayan ng Orihinal na Titulo Blg. ------------- which was kept
and under the possession of -------------------------had been lost and
beyond recovery;

15. Despite the loss of the owner’s duplicate copy of Katibayan ng

Orihinal na Titulo Blg. --------------, the original copy thereof
under the possession of the Register of Deeds of the Province of
---------, is still existing and intact, as indicated in its electronic
copy issued by the same office in favor of the Petitioner;

16. In compliance with the requirements of Section 109 of P.D. 1529,

the fact of loss of the owner’s duplicate copy of Katibayan ng
Orihinal na Titulo Blg.----------- had been duly reported before the
Register of Deeds of the Province of -----------, and the same was
annotated on the 5th page of the electronic copy of the same, under
entry no. -----------, hereto bracketed and marked as “Annex D-4-
a”;

17. This property covered by Katibayan ng Orihinal na Titulo Blg.

P----------- is free from all liens and encumbrances and the real
property tax liabilities for the year 2022 had been duly paid by the
Petitioner as evidenced by the Tax Clearance issued by the
Municipality of -------------; a copy of which is hereto attached,
marked, and made part hereof as Annex “G”;

18. The said owner’s duplicate copy of the by Katibayan ng Orihinal

na Titulo Blg. ------------- which was declared to be lost, has not
been delivered to any person or entity to secure payment or
performance of any obligation whatsoever nor was the property
and title subject of any gratuitous or onerous conveyance;

19. In view of the foregoing facts, Petitioner have a cause of action to

file the instant Petition.

WITNESSES TO BE PRESENTED:

20. To support her allegations in her Petition, the Petitioner will be

presenting the testimony of the following witnesses, to wit:

a) -------------- the petitioner herself who will testify that she is

one of the legal heirs of --------- and that she caused the
 Page 5 of 5

preparation and the filing of this petition by virtue of a Special

Power of Attorney (SPA) executed by her co-heirs.

b) --------------------, the wife of the late -------------, who will

corroborate the testimony of the Petitioner, and that she
executed an affidavit of Loss regarding the loss of the title
subject in this case which was entrusted to her by her late
husband;

The testimonies of the abovementioned witnesses are contained

in their respective Judicial Affidavits which are hereto attached,
marked, and made part hereof as Annexes “H and series ”,and “I
and series”.

PRAYER
WHEREFORE, it is most respectfully prayed of the Honorable
Court, after due notice and hearing, that a judgment be rendered in favour of
the Petitioner, declaring the owner’s duplicate copy of Katibayan ng
Orihinal na Titulo Blg. ----------- as already LOST, and thereby Ordering
the Registry of Deeds :

i. ISSUE a NEW OWNER’S DUPLICATE of KATIBAYAN NG

ORIHINAL NA TITULO BLG.-------------in lieu of the one lost, in
the name of Petitioner’s father, --------------;

ii. ANNOTATE on the said newly issued duplicate Certificate of Title

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;

A general relief is likewise prayed for.

____,at-------------------------.