REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
THIRD JUDICIAL REGION
BRANCH _____
MACABEBE, PAMPANGA
IN RE: PETITION FOR THE
REPLACEMENT OF LOST
OWNER’S DUPLICATE COPY
OF TRANSFER CERTIFICATE
OF TITLE NO. 042-2017008172 OF
THE REGISTRY OF DEEDS OF
PAMPANGA PURSUANT TO
SECTION 109 OF P.D. 1529.
RICHELLE N. DELA CRUZ,
herein acting for herself and in
behalf of her husband MODESTO
N. DELA CRUZ,
Petitioner,
- versus - LRC CASE NO.
THE REGISTER OF DEEDS OF
PAMPANGA,
Respondent.
x------------------------x
PETITION
Petitioner, through counsel and unto the Honorable Court, respectfully
alleges that:
1. This is a verified petition for the replacement of the owner’s
duplicate copy of Transfer Certificate of Title No. 042-2017008172 of the
Registry of Deeds of Pampanga in lieu of the lost one pursuant to Section
109 of Presidential Decree No. 1529.
2. Petitioner is of legal age, married, Filipino and presently
residing at Block 1, Lots 6 & 7, Phase I, Royal Family Homes, San Vicente,
Apalit, Pampanga where she may be served with processes. Petitioner is
herein acting for herself and in behalf of her husband Modesto N. Dela Cruz
who is an Overseas Filipino Worker in Seoul, South Korea, as per the
corresponding Special Power of Attorney (copy made Annex “A”) executed
by said Modesto N. Dela Cruz.
3. Respondent Registry of Deeds of Pampanga is impleaded in its
official capacity and it has office address at LRA Building, Provincial
Capitol Compound, City of San Fernando, Pampanga where it may be
served with legal processes.
4. Petitioner and her husband are the absolute and registered
owners of a parcel of land containing an area of eighty (80) square meters,
more or less, located in San Vicente, Apalit, Pampanga and covered by
Transfer Certificate of Title No. 042-2017008172 of the Registry of Deeds
of Pampanga (copy made Annex “B”).
5. Petitioner and her husband built a house in the said parcel of
land sometime in 2017. They kept their valuables including the owner’s
duplicate copy of Transfer Certificate of Title No. 042-2017008172 in the
said house.
6. Sometime in September 2019, petitioner looked for the said
owner’s duplicate copy of the title because they are planning to sell the
house and lot.
7. However, despite diligent search, petitioner and her husband
can no longer find the said owner’s duplicate copy of Transfer Certificate of
Title No. 042-2017008172.
8. In most probability, the said owner’s duplicate copy of Transfer
Certificate of Title No. 042-2017008172 was misplaced and its whereabouts
is now unknown.
9. As the owner’s duplicate copy of Transfer Certificate of Title
No. 042-2017008172 could no longer be found, petitioner executed an
Affidavit of Loss on October 24, 2019 (copy made Annex “C”) and
reported the fact of loss of the said owner’s duplicate copy of the title to the
Registry of Deeds of Pampanga.
10. An original copy of Transfer Certificate of Title No. 042-
2017008172 is existing and intact in the office of the Registry of Deeds of
Pampanga and, accordingly, the Affidavit of Loss was duly annotated
thereon as Entry No. 2019019214 (please see Annex “B”).
11. Petitioners have the legal interest to file and pursue this instant
petition, being the absolute and registered owners of the property covered by
the lost owner’s duplicate copy of the title.
12. The lost owner’s duplicate copy of Transfer Certificate of Title
No. 042-2017008172 or the property it covers is not the subject of any
existing mortgage, pledge or any other lien to serve as security for any
obligation.
13. Neither has the owner’s duplicate copy of Transfer Certificate
of Title No. 042-2017008172 been surrendered to or confiscated by any
private person or entity or any government agency prior to its lost.
14. The property covered by Transfer Certificate of Title No. 042-
2017008172 is declared for taxation purposes in the names of the owners,
the petitioners herein, as per Tax Declaration No. GR2020-01-009-05124
(copy made Annex “D”) and all property taxes due thereon have been paid
as evidenced by Tax Certification dated November 29, 2019 issued by the
Office of the Municipal Treasurer of Apalit, Pampaga (copy made Annex
“E”).
RELIEF
WHEREFORE, petitioners respectfully pray that after due notice and
hearing, judgment be rendered:
a. Declaring as null and void the lost owner’s
duplicate copy of Transfer Certificate of Title No. 042-
2017008172; and
b. Directing the respondent Register of Deeds of
Pampanga to issue a replacement copy of the lost owner’s
duplicate copy of Transfer Certificate of Title No. 042-
2017008172 which shall in all respects be entitled to like faith
and credit as the original copy existing in its office.
Petitioners likewise pray for such other reliefs that are just and
equitable under the premises.
Apalit for Macabebe, Pampanga, _____________________.
A.C. BENOZA LAW OFFICE
Counsel for Petitioners
Gonzales Ave., San Vicente,
2016 Apalit, Pampanga, Philippines
Tel. No. (0933) 864-0871
acbenozalaw@gmail.com
By:
ARAMIS C. BENOZA
Roll No. 41851
PTR No. 2202986, 1/3/2019, OPT Pampanga
IBP No. 061506, 12/14/2018, MD 2019 Pampanga
MCLE No. VI-0009865, 7/3/2018,
Pasig City, Valid Until April 14, 2022
and
JEROME MICHAEL Y. MERCADO
Roll No. 60709
PTR No. 2495786, 1/8/2019, OPT Pampanga
IBP No. 097721, 1/4/2019, Pampanga
MCLE No. VI-0009992, 7/3/2018,
Pasig City, Valid Until April 14, 2022
