REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
First Judicial Region
Branch____
Villasis, Pangasinan
RE: PETITION FOR THE
ISSUANCE OF NEW OWNER’S
DUPLICATE COPY OF
TRANSFER CERTIFICATE OF
TITLE NO. 261972 ISSUED BY
THE REGISTRY OF DEEDS
LINGAYEN, PANGASINAN
LRC CASE NO. _________
DANTE V. ALCAIDE
Petitioner;
THE REGISTER OF DEEDS
OF LINGAYEN, PANGASINAN
Respondent.
x------------------------------------------------------------x
PETITION
(for the replacement of the lost owner’s duplicate copy of
TCT No. 261972)
PETITIONER, through the undersigned counsel, unto this
Honorable Court, respectfully files this petition and states that:
1. Petitioner, DANTE V. ALCAIDE, of legal age, a resident
of Purok 3, Sagaba, Santo Domingo, Nueva Ecija and may be served
with the processes of this Honorable Court through the undersigned
counsel at Zaragoza St., Poblacion D, Tayug, Pangasinan.
2. Respondent Register of Deeds of Lingayen, Pangasinan
is impleaded only as a formal or nominal party. It may be served with
processes of this Honorable Court at Capitol Complex, Brgy.
Maniboc, Lingayen, Pangasinan, 2401.
3. Petitioner is one of the heirs of the deceased
FRANCISCA VELASCO, who is the registered owner of a parcel of
land situated at Brgy. Bacag, Villasis, Pangasinan, within the
jurisdiction of this Honorable Court, and covered by Transfer
Certificate of Title No. 261972. The said parcel of land is more
particularly described as follows:
Transfer Certificate of Title No. 261972
“A parcel of land (Lot 1423-B, Psd-015547-027922,
being a portion of lot 1423, Villasis Cad.), situated in the
Barrio of Bacag, Mun. of Villasis, Prov. of Pangasinan,
Island of Luzon. Bounded on the E., along points 1-2-3-
4 and 5 by Lot 1423-A of the subd. Plan; on the S.,
along points 5-6 by Lot 1424; points 6-7 by Lot 1425,
both of Cad. 3, Villasis Cad. (perpetual right of way,
3.00 m. wide); on the W., along points 7-8 by Lot 1431;
and on the N., along points 8-1 by Lot 1432, both of
Cad. 3, Villais Cad. XXX containing an area of ONE
THOUSAND FOUR HUNDRED THIRTY (1,430)
SQUARE METERS, more or less, registered in the
name of FRANCISCA VELASCO, widow, of legal age,
Filipino Citizen and resident of Villasis, Pangasinan”
A copy of the Certificate of Birth of DANTE V. ALCAIDE,
Certificate of Death of FRANCISCA VELASCO, both issued by
Philippine Statistics Authority and the Certified Copy of Transfer
Certificate of Title No. 261972, issued by the Registry of Deeds of
Lingayen, Pangasinan, are attached herewith as Annexes “A”, “B”
and “C”, respectively;
4. Sometime in 1975, FRANCISCA VELASCO entrusted to
the petitioner the original owner’s duplicate of TCT No. 261972,
which the petitioner then placed inside an old cabinet for safekeeping;
5. During the onslaught of Typhoon Kading in 1978, many
documents inside that cabinet were soaked with waters;
6. FRANCISCA VELASCO instructed the petitioner to bring
these wet documents outside to dry under the sun; however, since
they were beyond recovery, the petitioner later set them on fire;
7. In 1980, while checking the contents of the cabinet, the
petitioner discovered that the owner’s duplicate copy of TCT No.
261972 was missing;
8. Upon learning of its disappearance, the petitioner
conducted a thorough search by organizing and reviewing all
documents stored in the cabinet and searching throughout the
house. Additionally, he asked her mother Francisca, siblings and
relatives regarding its possible whereabouts. Despite these efforts,
the owner’s duplicate copy of TCT 261972 has not been found ;
9. Petitioner took chances, hoping they might still find it, but
many years had passed, and they still had not found the title even
after the death of Francisca Velasco in 2011 and even up to the
present;
10. Well convinced that the owner’s duplicate copy of TCT
No. 261972 is really lost and beyond recovery, Dante V. Alcaide then
executed an Affidavit of Loss dated 12 March 2025 subscribed and
sworn to before Notary Public ATTY. ROBERT SEBASTIAN O.
RUDIO and entered in the latter’s notarial register as Doc. No. 17,
Page No. 05, Book No. X, Series of 2025. A copy of the said Affidavit
of Loss is attached herewith as Annex “D”;
11. On March 13, 2025, the petitioner, through the
undersigned counsel, reported the fact of loss of the owner’s
duplicate copy of TCT No. 261972 to the Register of Deeds of
Lingayen, Pangasinan. The affidavit of loss was then duly annotated
on the original copy of the Register of Deeds of TCT No. 261972 on
the same date under Entry No. 2025002442 (please see page no. 5
of Annex “C”);
12. Petitioner hereby further declares that the owner’s
duplicate copy of TCT No. 261972 is free from all liens and
encumbrances and has never been given to any person or entity as
security for a loan or obligation;
13. Presidential Decree No. 1529 or the Property Registration
Decree provides that the registered owners may file a petition in court
for the issuance of new owner’s duplicate certificates of tile in lieu of
the old ones that may have been lost or destroyed. It provides:
Section 109. Notice and replacement of lost
duplicate certificate. In case of loss or theft of an
owner's duplicate certificate of title, due notice
under oath shall be sent by the owner or by
someone in his behalf to the Register of Deeds of
the province or city where the land lies as soon as
the loss or theft is discovered. If a duplicate
certificate is lost or destroyed, or cannot be
produced by a person applying for the entry of a
new certificate to him or for the registration of any
instrument, a sworn statement of the fact of such
loss or destruction may be filed by the registered
owner or other person in interest and registered.
Upon the petition of the registered owner or other
person in interest, the court may, after notice and
due hearing, direct the issuance of a new duplicate
certificate, which shall contain a memorandum of
the fact that it is issued in place of the lost duplicate
certificate, but shall in all respects be entitled to like
faith and credit as the original duplicate, and shall
thereafter be regarded as such for all purposes of
this decree.
14. Petitioner, therefore, hereby respectfully asks this
Honorable Court for the issuance in their favor of a new owner’s
duplicate certificate of title for TCT No. 261972 .
PRAYER
WHEREFORE, in view of the foregoing, it is respectfully prayed
that after notice and due hearing, this Honorable Court shall issue an
order directing the Register of Deeds of Lingayen, Pangasinan to
issue in favor of the petitioner herein a new owner’s duplicate
certificate of title for Transfer Certificate of Title No. 261972 .
Petitioner also prays for such other relief as this Honorable
Court may deem just and equitable under the foregoing premises.
Tayug,Pangasinan Philippines. _______________, 2025.
By:
ATTY. ERICKSON C. ROMERO
Counsel for the Petitioner
Zaragoza St., Poblacion D, Tayug, Pangasinan
09286993753
Email: erick_son9287@yahoo.com
Roll of Attorney’s No. 89357
IBP No. 1874-01/06/2025/Tayug,Pang.
PTR No. 7844739-01/07/2025
MCLE compliance No: VIII-0021881 valid until 04/14/28
VERIFICATION & CERTIFICATION
AGAINST FORUM SHOPPING
I, DANTE V. ALCAIDE, after being duly sworn in accordance
with law, deposes and says;
That I am the petitioner in the above-entitled case; that I caused
the preparation of the petition; and that the averments therein are true
and correct based on my own personal knowledge and authentic
records.
That I have not theretofore commenced any action or filed any
claim involving the same issue in any court, tribunal, or quasi-judicial
agency, and to the best of my knowledge, no such other action or
claim is pending therein; that if there is such other pending action or
claim, a complete statement of the present status thereof; and 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.
Municipality of Tayug,Pangasinan, Philippines, ________,
2025.
DANTE V. ALCAIDE
Affiant
SUBSCRIBED AND SWORN to before me this
______________________ at Tayug, Pangasinan, Philippines.
Petitioner exhibited before me is competent proof of Identity National
ID No. 4017-3520-8368-9370.
Doc, No. ___;
Page No.___;
Book No. ___;
Series of 2025.
