Petition: in Re: Petition For Judicial
Petition: in Re: Petition For Judicial
Petition: in Re: Petition For Judicial
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Petitioner.
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PETITION
the Deed of Absolute Sale and the corresponding cancelled TCT No. T-34193
Country Subdivision, Pamplona, Las Piñas City, registered under the name of
Insular Life.
described as 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.”
Piñas;3
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
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
certificate of this title. In fact, the RD does not even have any record that it
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
5. Petitioner then attempted to confirm with the RD if there was
requested from Atty. Joel E. Paner (“Atty. Paner”), Register of Deeds of Las
Piñas City, for a copy of TCT No. T-70380. Petitioner followed up on this
“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.
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
3
10. Attached to Atty. Paner’s letter were the certified true copies of
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
the cancelled certificate of TCT No. T-34193 cannot be located from the
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
issuance.
15. TCT No. T-70380 was in full force and effect at the time it was
lost.
8
A copy of the Certification dated 22 October 2010 is attached as Annex “F”.
4
16. TCT No. T-70380 does not bear any annotation of encumbrance
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 attached as Annexes ”G”, “G-
other instruments affecting the property by any person or entity which have
been filed or is pending registration with the RD affecting said parcel of land
as of this date.
20. In further support of this petition, the following are also attached
herewith:
RELIEF
Honorable Court:
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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
Other relief, just and equitable under the premises, are likewise prayed
for.