REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

Regional Trial Court
Branch __________,
SAN JOSE DEL MONTE BULACAN

IN RE: PETITION FOR

ISSUANCE OF OWNER’S
DUPLICATE OF TRANSFER
CERTIFICATE OF TITLE No.
356711 (M) IN LIEU OF LOST
COPY

LRC Case No. ______________

Spouses DENNIS J. DIZON and CORAZON

P. DIZON, represented by their attorney-in-fact
ENRIQUE J. DIZON, JR.,
Petitioners.
x--------------------------------------------------x

PETITION

Petitioners, by counsel, unto this Honorable Court, most

respectfully state that:

1) Petitioners – Spouses DENNIS J. DIZON and CORAZON

P. DIZON (hereinafter Sps. Dizon) are Filipino citizens, and
permanent residents of Blk. 4, Lot 6, Romans St., Jordan Plains
Subdivision, Phase 3, Brgy. Pasong Putik, Novaliches, Quezon City.
They are herein represented by ENRIQUE J. DIZON, JR. (hereinafter
“Enrique”), Petitioner Dennis J. Dizon’s brother1. Copy of the Special
Power of Attorney is attached to Enrique’s Judicial Affidavit as
Exhibit “B”. Copy of the Spouses Dizon’s marriage certificate is
attached to Enrique’s Judicial Affidavit as Exhibit “C”.

2) The property subject of this Petition is registered in the

name of Corazon Dizon, married to Dennis J. Dizon. It covered by

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Enrique J. Dizon’s Judicial Affidavit (hereinafter “Enrique’s Judicial Affidavit for brevity) is
hereto attached as Exhibit “A” for the Petitioners.

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Transfer Certificate of Title No. 356711(M) issued by the Registry of
Deeds for Meycuayan, Bulacan and located at Bgy. Sto.Cristo, City of
San Jose Del Monte, Province of Bulacan. Certified true copy of the
TCT is attached to Enrique’s Judicial Affidavit as Exhibit “D”.

3) The Sps. Dizon regularly travel abroad to tend to their

various business interests, particularly in Canada. Hence, they
entrusted the custody of their important files, documents 2and
belongings to Mr. Enrique J. Dizon, Jr. – Petitioner Dennis J. Dizon’s
brother.

4) Enrique is a businessman himself and he maintained his

office at # 6 Denver St., Brgy. Immaculate Concepcion, Quezon City
for the past several years.

5) However, sometime 2022, the property where Enrique’s

office stood sold and he was given only a few weeks to vacate the
premises.

6) With the limited amount of time, Enrique was able to find

another office space at No. 103 Sgt. Juan Catolos St., Brgy.
Immaculate Concepcion , Quezon City. In a matter of days, Enrique
had to transfer all his equipment, documents and other office assets
to a new location.

7) Enrique took charge of the corporate documents. He

likewise took this opportunity of declutter his office and dispose of
unnecessary papers which have would have occupied his much
smaller new office.

8) He personally segregated those documents for

safekeeping, transfer and disposal. Enrique made sure his brother’s
(herein Petitioner Dennis J. Dizon) papers were safely kept. He then
labeled the envelope containing the papers and included it among
those documents for transfer to the new office.

9) After he sorted out all the documents in their respective

“piles”, Enrique instructed his secretary to shred those papers found
in the “for disposal” pile and pack those for safekeeping and transfer

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Including the Owner’s Duplicate of TCT No. 356711 (M).

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in boxes provided for. His secretary was likewise tasked to arrange
and organize the files in the new office.

10) Enrique thereafter attended to other matters pertaining to

the transfer i.e. payment of rent/signing of the lease,
installation/change of name for utilities and internet connection,
among others.

11) After about a month or sometime on __________, Enrique

was finally settled in his new office and decided to go through the
documents which were transferred from his old office.

12) Much to his surprise and utter dismay, his brother’s

documents, including the Owner’s Duplicate of TCT No. 356711 (M)
were not on file.

13) He immediately summoned his secretary and asked her

to explain what happened to the documents in the “for safekeeping”
pile, which was, incidentally properly labeled. She insisted that she
personally transported those envelopes and folders from the old
office to their new location and that she also placed them in the filing
cabinet.

14) After efforts to locate the envelope were left unfruitful,

Enrique’s secretary resigned. Enrique, for his part, went back to his
old office in the hope of going through the remaining papers but the
structure has already been demolished. Hence, the Owner’s
Duplicate of TCT No. 356711 (M) is now beyond recovery.

15) From the time of the discovery of the loss of both the
original and the owner’s duplicate of the title and as of date, the
property covered by TCT No. 356711 (M) has not been mortgaged,
encumbered, or otherwise delivered to any person or entity to secure
the payment of any obligation, or for any other purpose.

16) Real property taxes for the above property have been
duly paid for and are up to date. Copy of the Tax Declaration over
the property, and the corresponding Tax Clearance dated 21 July
2023, are attached to Enrique J. Dizon’s Judicial Affidavit as Exhibits
“E”-“E-1” and made integral parts thereof. The Certification as to the
Adjacent Lots is likewise attached thereto as Exhibit “F” thereof.

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 17) Pursuant to Section 6, Rule 7 of the Amended Rules
Court, Petitioners will be presenting Enrique J. Dizon Jr., as their
witness, as well as offering the following documents in evidence, to
wit:

Document Purpose

Joint Special Power of Attorney To show that Enrique J. Dizon,

executed by Spouses Dennis J. Jr. was duly authorized to file
Dizon and Corazon P. Dizon the instant Petition
Marriage Certificate of Dennis J.To establish the relationship
Dizon and Corazon P. Dizon between the Petitioners
Transfer Certificate of Title # To establish that the property is
356711(M) registered in the name of
Corazon P. Dizon married to
Dennis J. Dizon
Affidavit of Loss of Enrique J. To establish that the affiant and
Dizon, Jr. the authorized representative of
the Petitioners attested to the
loss of the title
Judicial Affidavit of Enrique J. To establish the factual and legal
Dizon, Jr. bases for the Petition for the
Issuance of Owner’s Duplicate of
Title of TCT # 356711(M)
including but not limited to the
following:
- the property covered
by TCT # 356711(M) is
registered under the
name of Corazon P.
Dizon married to
Dennis J. Dizon
- the circumstances
surrounding the loss
of the Owner’s
Duplicate of Title
- an Affidavit of Loss
was executed and
submitted to the Land
Registration Authority

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Tax Declaration Number (Land) To show that real estate property
2011-01-0022-10424/Tax taxes have been duly paid
Clearance OR # 3061411 dated
21 July 2023

Certification of adjacent owners To show the boundaries of the

property subject of the Petition

PRAYER

WHEREFORE, in view of the foregoing, Petitioners most

respectfully pray that after due notice and hearing, this Honorable
Court:

1. DECLARE the Owner’s Duplicate Copy of Transfer

Certificate of Title No. 356711(M) as NULL and VOID on account of
its loss;

2. ORDER and DIRECT the Registry of Deed for Quezon

City to issue in lieu of and as replacement for the LOST COPY –
NEW COPY OF THE OWNER’S DUPLICATE TITLE, which shall, in
all respects, be entitled to the like faith and credit as the copies lost
and destroyed, in accordance with Sec. 109 of Presidential Decree No.
1529, otherwise known as the Property Registration Decree.

3. Such other and further reliefs the Court finds just and
equitable are likewise prayed for.

Makati City for Quezon City. 06 September 2023.

MARLA A. BARCENILLA
Counsel for Petitioners
UG-11, Alfaro Place, # 146 Leviste St.,
Salcedo Village, Makati City
Supreme Court Roll No. 41051
PTR No. 9570318; Makati; 09 January 2023
IBP No. 278627; Rizal; 09 January 2023
MCLE VIII No. 0002116

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 VERIFICATION

I, ENRIQUE J. DIZON, JR. a Filipino citizen, of legal age,

married to Teresita B. Dizon, and a resident of Block 4, Lot 6, Romans
St., Jordan Plains Subdivision, Phase 3, Brgy. Pasong Putik,
Novaliches, Quezon City, after having been duly sworn in
accordance with law, do hereby depose and state that:

1) I am the authorized representative of the Petitioners –

Spouses Dennis and Corazon Dizon in the foregoing Petition for
Issuance of Owner’s Duplicate of Title for TCT # 8428 in lieu of the
lost copy and I have caused the preparation of the instant Petition;

2) I have read the same, and the statements therein were

explained and interpreted to me in a language that I know and I
affirm that the allegations thereon are true and correct as of my own
personal knowledge and authentic documents;

3) The instant Petition was not filed to harass, cause

unnecessary delay or needlessly increase the cost of litigation;

4) The factual allegations have evidentiary support and if

specifically so identified, will likewise have evidentiary support after
a reasonable opportunity for discovery.

5) I have not theretofore commenced any other action or

filed any claim involving the same issues in any court, tribunal or
quasi-judicial agency, and to the best of my knowledge, no such other
action or claim is pending therein;

6) If I should thereafter learn that the same or similar action

or claim has been filed or is pending, I shall report that fact within
five (5) days therefrom to the court or tribunal where the case has
been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this 6TH

day of September 2023 at Quezon City.

ENRIQUE J. DIZON, JR

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 Affiant

SUBSCRIBED AND SWORN to before me this 1st day of

September 2023 at Quezon City, affiant exhibited to me his SSS ID –
03-3500346-6.

NOTARY PUBLIC

Doc. No. _____;

Page No. _____;
Book No._____;
Series of 2023.