Republic of the Philippines

REGIONAL TRIAL COURT OF CEBU

7th Judicial Region
Branch ____
Cebu City

IN THE MATTER OF THE

PETITION FOR THE ISSUANCE
OF A SECOND OWNERS COPY
OF TRANSFER CERTIFICATE
OF KATIBAYAN NG
ORIHINAL NA TITULO BLG.
123456

SARAH GERONIMO,
Petitioner,
L.R.A. Case No. ______
- versus -

THE CITY REGISTRAR, CITY

REGISTER OF DEEDS OF Cebu
City,
Respondent.
X--------------------------------------/

PETITION

PETITIONER, through the undersigned counsel, unto this

Honorable Court, most respectfully states:

1. That petitioner is a Filipino, of legal age, married and

a resident of House 28, Brgy. Dos, Salvador, Cebu City and it
is on the same place where she can be served with court
processes, orders and judgment of this Honorable Court;

2. That formal party respondent City Registrar of Deeds

is a government employee who is impleaded in her official
capacity, her office being the custodian of the certificate of
title of petitioner, and where she can be reached with
summons and court processes at her office at the City
Register of Deeds Office, Cebu City Hall, Cebu City,
Philippines;

3. That petitioner is one of the heirs of the late Spouses

Tom Cruz and Tin Cruz, the latter being her natural parents;
That petitioners’ parents are registered owners of a certain
parcel of land identified as Transfer Certificate of Title No. T-
12345 which is located in the Salvador, City of Cebu, and
more particularly bounded and described as follows, to wit:

TRANSFER CERTIFICATE OF TITLE No. T-12345

“A parcel of land (Lot No. 5446-C of the

subdivision plan (LRC) Psd-100676, being a
portion of Lot 5446, Tagb. Cad. LRC Cad. Rec. No.
1092), situated in Barangray Dos, Salvador, Cebu
City. Bounded on the East, points 1 to 2 by Lot
5446-E; on the Southeast, points 2 to 3 by Lot
5446-B, both of the subdivision plan; on the West,
points 3 to 4 by Provincial Road, 20 m. wide; and
on the Northwest, points 4 to 1 by Lot 5446-D of
the subdivision plan; x-x-x containing an area of
ONE HUNDRED ELEVEN(111) SQUARE METERS,
more or less;”

A certified true copy of the above-described certificate of

title is hereto attached and marked as Annex “A”;

4. That after the death of petitioners’ parents, it was

agreed among her other siblings that herein petitioner will
be the one keeping all the family’s pertinent documents,
including the above-mentioned certificate of title over the
above-described property;

5. That petitioner used to place the said documents

including the above-mentioned certificate of title in one
envelope and which envelope she placed in an antiquated
aparador in their house;

6. That when petitioner tried recently to make a general

clean-up over her belongings, it was only then that she
noticed that a portion of her antiquated aparador was eaten
up with termites; That to her surprise and disappointment,
she found out that among those eaten-up by the termites,
was the envelope containing the certificate of title of the
above-described property, a machine copy of the remnant of
the said title is hereto attached and marked as Annex “B”;

7. That petitioners’ attempt to reconstruct what

appeared to be the remains of the said title proved futile as
it is beyond restoration after all; That the impossibility of
restoring the original copy of the afore-said certificate of title
have convinced petitioner that it is already deemed lost for
all intents and purposes; That convinced therefore of its loss,
petitioner executed an Affidavit of Loss, a copy of the
Affidavit of Loss is hereto marked as Annex “C”;

8. That the aforesaid certificate of title have not been

encumbered, mortgaged nor executed as securities for loans
whatsoever to any private individual, lending or banking
institutions;

PRAYER

WHEREFORE, it is most respectfully prayed of this

Honorable Court, that after due notice and hearing,
judgment be rendered directing the respondent to issue
petitioner a second owners copy of TRANSFER
CERTIFICATE OF TITLE No. T-12345, still under the
conjugal co-ownership of the late Spouses Tom Cruz and Tin
Cruz.

Other reliefs just and equitable under the premises are

likewise prayed for.

Cebu City, Philippines, January 2, 2019.

PUBLIC ATTORNEY’S OFFICE

DEPARTMENT OF JUSTICE
Cebu City
Counsel for the Petitioner

By:

BENJAMIN RICE
Public Attorney II
Roll No. 54321
IBP No. 711053:1/31/19; PTR No. 5644965: 01/31/19
TIN 933-683-695

VERIFICATION/CERTIFICATION OF NON-FORUM
SHOPPING

REPUBLIC OF THE PHILIPPINES )

CITY OF TAGBILARAN ) SS/

I, SARAH GERONIMO, Filipino, of legal age, married

and a resident of Brgy. Dos, Salvador, Cebu City, Philippines,
after having been duly sworn in accordance with law, hereby
depose and say: That I am the petitioner in the above
entitled case; That I have caused the preparation of the
foregoing petition; That I have read and understood all the
contents therein; That all allegations contained therein are
true and correct to the best of my personal knowledge; and
that there is no other case filed before any court or tribunal
anent the case, and if there is any, I will undertake to inform
the Court within 5 days pursuant to Adm. Circular No. 04-94
of the Supreme Court.

IN WITNESS WHEREOF, I hereunto affix my signature

this 2nd day of February 2019 in the City of Cebu.

SARAH GERONIMO
Petitioner

SUBSCRIBED AND SWORN to before me this 2nd day of

February 2019 in the City of Cebu, Philippines.

CHRISTIAN LULU A. KONG

NOTARY PUBLIC FOR CEBU CITY
Until December 31, 2019
Notarial Commission No. 123456
PTR No. 012345/Cebu City/01-11-19
Roll of Atty. No. 3781523
IBP Lifetime Membership No.
3359187
Suite No. 203 2/f Oftana Bldg.,
Osmeña Blvd. cor. Jasmin. St.,
Capitol Site, 6000 Cebu City,
Philippines
Law Office Tel. No. +6332 262 2655
MCLE Compliance No. V-12345 Jan.
18, 2019

Doc. No._____;
Page No._____;
Book No._____;
Series of 2019.