Re-Issuance Baligo
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Angie DouglasRe-Issuance Baligo
Uploaded by
Angie DouglasRepublic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
LEGAL ASSISTANCE DIVISION
Provincial Agrarian Reform Office
Tuguegarao City, Cagayan
IN RE: PETITION FOR THE
RE-ISSUANCE OF LOST OWNER’S
DUPLICATE COPY OF ORIGINAL
CERTIFICATE OF TITLE (OCT)
NO. 3036
DARAB CASE No. ___________
MARCIANO D. BALIGA
Petitioners,
-versus-
REGISTER OF DEEDS OF
CAGAYAN,
Respondent,
x------------------------------------------x
PETITION WITH MOTION TO LITIGATE
AS PAUPER LITIGANT
COME NOW, Petitioners, thru the undersigned counsel and before
this Honorable Court, most respectfully allege:
1. That petitioner, MARCIANO D. BALIGA, is of legal age, married,
Filipino citizen and resident of Brgy. Bauan West, Solana, Cagayan,
where he may be served with notices, orders and other Board
processes.
2. That Public Respondent, Register of Deeds is a nominal party, with
office address at ROD 2 Regional Government Center, Carig Sur,
Tuguegarao City, Cagayan where it may also be furnished orders,
notices and other processes;
3. That pursuant to Presidential Decree No. 27, a parcel of agricultural
land has been awarded to petitioner. Thus, an Emancipation Patent
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bearing serial no. A-112512 covered by Original Certificate of Title
No. 3036 was issued in their favour;
4. That the above-mentioned property is more particularly described as
follows:
“A parcel of agricultural land situated in the Barrio of Maguirig,
municipality of Solana, Province of Cagayan, Island of Luzon,
Philippines, containing an area of Forty Thousand Eight Hundred Six,
(40,806) square meters, more or less.
Electronic Copy of Original Certificate of Title No. 3036 is hereto
attached as Annex “A”, and made an integral part hereof;
5. That the Owner’s Duplicate Copy of OCT No. 3036 was delivered to
the petitioner by the Department of Agrarian Reform.
6. That the petitioner kept the said Certificate of Title inside a cabinet at
their house in Bauan West, Solana, Cagayan.
7. That sometime in 2017, petitioner was shocked to discover that the
said certificate of Title is already missing.
8. The said Certificate of Title has been lost in such a way that it can no
longer be recovered despite earnest effort to locate the same;
9. That petitioner reported the incident to the Buguey Police Station on
September 30, 2019.
Copy of the Excerpt of Police Blotter is hereto attached and marked
as Annex “D” and made integral part hereof;
10.That petitioner also executed an Affidavit of Loss and the same has
been annotated at the title;
Copy of the Affidavit of Loss is hereto attached and marked as Annex
“E” and made integral part hereof;
11.Thereafter, Petitioner filed to this Office this Petition for Re-Issuance
and posted the same to the Barangay Hall of Maguirig, Solana,
Cagayan, where the property is located, Municipal Office of Solana,
Cagayan, Municipal Agrarian Reform Office of Solana, Cagayan, and
Provincial Office of Cagayan for three (3) consecutive weeks in
compliance to the jurisdictional requirements of the instant Petition
for Re-issuance of Lost Owner’s Duplicate copy.
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Copy of certificates of posting is hereto attached and marked as
Annex “F”, “G”, “H”, and “I” respectively and made integral part
hereof;
12. Moreover, Petitioner states that the title sought to be re-issued was
never been conveyed, pledged, mortgaged or used as collateral to
obtain loan from third persons or lending institutions nor the
possession thereof is transferred or encumbered to any person or
institution;
MOTION TO LITIGATE AS PAUPER
13.Petitioner, being a farmer beneficiary is entitled to litigate as pauper
litigant without need of further proof pursuant to the express provision
of Section 2, Rule V, of the New DARAB Rules of Procedure;
14.Petitioner hereby respectfully moves to be allowed to litigate as
pauper litigant until the full termination of the case.
PRAYER
WHEREFORE, where the Owner’s Duplicate Copy (ODC) is now
gone for all intents and purposes, it is respectfully prayed unto this
Honorable Office that after judicious hearing, to render judgment:
1. GRANTING the instant Petition;
2. DECLARING the Owner’s Duplicate Copy of Origibnal Certificate of
Title No. T3036 as null and void as said title is now beyond recovery;
3. DIRECTING the Registry of Deeds of Cagayan through the DAR
EP/CLOA Section to issue a new Owner’s Duplicate Certificate of
Title;
4. Other just and equitable reliefs under the premises are likewise prayed
for.
_____________________. Tuguegarao City, Cagayan.
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Department of Agrarian Reform
BUREAU OF AGRARIAN LEGAL ASSISTANCE
Provincial Office of Cagayan
Counsel for the Petitioner
By:
ATTY. ARJAY C. MANAUIS
Chief, Legal Division
ATTY. ORLANDO B. BARENG JR.
Legal Officer (COS)
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VERIFICATION
I, Rodolfo T. Ayon-ayon of legal age, Filipino, and a resident of
Alcala, Cagayan, after having been sworn to in accordance to laws, hereby
depose and say;
1. That I am the Petitioner in the above-captioned case;
2. That I have caused the preparation of the foregoing Petition for Re-
Issuance;
3. That I further state that I have not commenced any other action or
proceeding involving the same issue, and to the best of my knowledge; no
such action or proceeding is pending in any courts or in any other tribunal or
agency; and if there is such any action or proceeding which is either pending
or may have been terminated, I must state the status thereof; and if I should
hereafter learn that a similar action or proceeding has been filed or pending
before any courts or any other tribunal or agency, I undertake to report that
fact within five (5) days therefrom to the court or agency where the original
pleading and sworn certification has been filed.
IN WITNESS WHEREOF, I have hereunto set my hand and affix my
signature this ________________________ at Tuguegarao City, Cagayan.
SUBSCRIBED AND SWORN to before me this
________________________ at Tuguegarao City, Cagayan.
Doc. No. ________
Page No. ________ NOTARY PUBLIC
Book No. ________
Series of 2019.