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Republic of the Philippines

11th Judicial Region


REGIONAL TRIAL COURT
Branch 27
Tandag City, Surigao del Sur

IN RE: PETITION FOR ISSUANCE OF


OWNER’S DUPLICATE OF
ORIGINAL CERTIFICATE OF TITLE
(OCT) NO. 6813.

MERLINDA RAMOS BALIOLA


Petitioner,
LR CASE NO.____________
-versus-

OFFICE OF THE REGISTER OF DEEDS,

HEIRS OF SILVERIO RAMOS, namely:

1. AGATOCLIA R. OLAY (deceased)

(a) AMELIA R. RONIA


(b) GEMMA R. PAGAPONG

2. PATRICIA RAMOS MADELO (deceased)

(a) PROCTOSO T. MADELO


(b) ALGERICA M. RAUTRAUT
(c) FLORITA M. GALENDEZ

3. DONATA L. RAMOS (deceased)

(a) MERCED C. ABEJERO


(b) CHARLITA R. CORREGIDOR

4. JUAN L. RAMOS, SR. (deceased);

(a) JUAN C. RAMOS, JR.


(b) MERLINDA RAMOS BALIOLA

5. GORGONIA L. RAMOS (deceased)

(a) ALICE P. RELOVA

OTHER PART OWNERS, namely:

1. JOVANY FELIX
2. MARIANITO GALLARDO
3. DINA SALINAS
4. ADELAIDO P. MONDERONDO
Respondents.

PETITION

PETITIONER, by counsel, most respectfully states, THAT:


1. Petitioner is of legal age, Filipino, married and a resident of Buenavista, Tandag City,
Surigao del Sur;

2. Respondent Office of the Register of Deeds is hereto impleaded as a necessary party


being the repository of all certificates of title issued under the Torrens System, with office at the
Provincial Capitol, Telaje, Tandag City, Surigao del Sur, where summons and other processes of
the Honorable Court may be served.

Respondents AGATOCLIA R. OLAY (deceased), survived and represented by (a)


AMELIA R. RONIA, and (b) GEMMA R. PAGAPONG; 2. PATRICIA RAMOS
MADELO (deceased), survived and represented by (a) PROCTOSO T. MADELO, (b)
ALGERICA M. RAUTRAUT, and (c) FLORITA M. GALENDEZ; 3. DONATA L.
RAMOS (deceased), survived and represented by (a) MERCED C. ABEJERO, and (b)
CHARLITA R. CORREGIDOR; 4. JUAN L. RAMOS, SR. (deceased), survived and
represented by (a) JUAN C. RAMOS, JR. and (b) MERLINDA RAMOS BALIOLA; 5.
GORGONIA L. RAMOS (deceased), survived and represented by (a) ALICE P. RELOVA,
and JOVANY FELIX, MARIANITO GALLARDO, DINA SALINAS, ADELAIDO P.
MONDERONDO, the other part owners, are residents of Brgy. Buenavista, where summons
and other processes of the Honorable Court may be served;

3. Petitioner is one of the grandchildren of the late Silverio Ramos, the latter being the
absolute and registered owner of a parcel of land situated in Barangay Buenavista, Tandag City,
Surigao del Sur, identified as Lot No. 327, Cad 392-D, covered by Original Certificate of Title
(OCT) No. 6183, containing an area of Four Thousand Six Hundred and Fifty Five (4,655)
Square Meters, in the name of Silverio Ramos;

4. The Title and other important documents were all kept by my grandfather during his
lifetime inside a wooden cabinet in his room, secured by a padlock;

5. When my grandfather died, my father Juan C. Ramos, Sr., was entrusted by my


grandfather with the key to the cabinet so we could get the documents when needed;

6. Before the death of my father, he already entrusted me the key to the cabinet and I still
left the cabinet undisturbed;

7. This April 2021, while the Original Certificate of Title (OCT) No. 6183 was in the
custody and possession of herein petitioner, supposedly hidden in a wooden cabinet and secured
with a padlock, she discovered that the said title of land and other documents were completely
destroyed by termites and turned into rot and soil;

8. Now that the surviving grandchildren/heirs of the late Silverio Ramos decided to
partition the property, the title is gone, and considered lost for all intents and purposes, as stated
above;

9. Petitioner executed an Affidavit of Loss covering said title, furnished the Register of
Deeds for the Province of Surigao del Sur, and the same was annotated in the original copy of
OCT No. 6183.

Copy of the registered Affidavit of Loss is hereby attached as “Annex A” to make an


integral part of this petition.

Copy of the latest Tax Declaration is hereby attached as “Annex B” to make an integral
part of this petition.

10. The aforementioned property is free from liens and encumbrances, and all persons
who may have interests over said property are all impleaded here as respondents.
PRAYER

WHEREFORE, it is most respectfully prayed unto this Honorable Court that after due
notice and hearing, Judgment shall issue directing the Registry of Deeds of the Prov ince of
Surigao del Sur to reissue Original Certificate of Title (OCT) No. 6183 in the registered name of
the owner in a manner exactly in the same terms and conditions on the basis of the copy of the
said title issued to petitioner and a copy of the Register of Deeds. Petitioner also prays for other
reliefs which may be deemed just and equitable

Tandag City, Surigao del Sur.

August 03, 2021.

ANDREI ARREZA ANDRESAN


Counsel for the Petitioner
Airport Road, Awasian, Tandag City,
8300 Surigao del Sur
IBP NO. 150723/ 01-13-2021/ Surigao del Sur
PTR NO. 9109072/ 01-04-2021/ Surigao del Sur
Roll of Attorneys No. 41883
MCLE Compliance No. VI- 0028123 - July. 27, 2019

Copy Furnished to:

CITY PROSECUTOR’S OFFICE


Tandag City, Surigao del Sur

REGISTER OF DEEDS
Tandag City, Surigao del Sur

VERIFIC ATION
AND
CERTIFICATION OF NON-FORUM SHOPPING
I, MERLINDA RAMOS BALIOLA, of legal age, Filipino, married and a resident of
Buenavista, Tandag City, Surigao del Sur, under oath declare that:

1. I am the Petitioner in this case;


2. I have caused the preparation of this Petition;
3. I have read it and its contents are true and correct of my own personal knowledge
and/ or based on authentic records;
4. I have not commenced a similar action for the same cause with any other court,
tribunal or quasi-judicial agency and, to the best of my knowledge, no such action or proceeding
is pending with any other court, tribunal, quasi-judicial agency; and if I should learn that a
similar action has been filed or is pending in any court, tribunal or quasi-judicial agency, I
hereby undertake to notify this Honorable Office within (5) days from such notice;

IN WITNESS WHEREFORE, I have set my hand this ____________, in Tandag City,


Surigao del Sur.
MERLINDA RAMOS BALIOLA
Affiant
OCA No. 5600

SUBSCRIBED AND SWORN to before me, in the City of Tandag, Surigao del Sur, this
_________________, the affiant presenting her OSCA ID with photograph.

Doc No. ___


Page No. ___
Book No. ___
Series of 2021.

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