REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

THIRD JUDICIAL REGION
GUIMBA, NUEVA ECIJA
BRANCH _____
-oOo-

IN RE: PETITION FOR

ISSUANCE OF SECOND
OWNER’S DUPLICATE
COPY OF TRANSFER
CERTIFICATE OF TITLE
NO. E.P. - 417181715
LR CASE NO.
__________
MAGDALENA P. DELA CRUZ,
Petitioner,

-versus-

REGISTRY OF DEEDS NORTH,

TALAVERA, NUEVA ECIJA,
Respondent,
X----------------------------------------------X

PETITION

PETITIONER, through undersigned counsel, and unto this

Honorable Court, most respectfully state that:

1. Petitioner, is of legal age, widow, Filipino, and a resident

Barangay Pasong Inchic, Guimba, Nueva Ecija;

2. Petitioner is the wife of Rafael Dela Cruz who died on October 21,
1993. The latter is the registered owner of a parcel of land situated
in Pasong Inchic, Guimba, Nueva Ecija with an area of 483 square
meters and covered by TRANSFER CERTIFICATE OF TITLE
NO. E.P. - 417181715 and more particularly described as
follows:

Transfer Certificate of Title No. E.P. - 417181715

“A PARCEL OF LAND (Lot 23 of the subdivision

plan, Psd-03-020492 (OLT), being a portion of Lot 2728-
1, Psd-03-010967 L.R.C. No. ),
situated in the Barrio of Pasong Inchic, Municipality of
 Guimba, Province of Nueva Ecija. Bounded on the NW.,
along line 1-2 by lot 25 (right of way); on the N., along line
2-3 by lot 26; on the NE., along line 3-4 by by lot 31
(residential) all of the subdivision plan; on the SE., along
line 4-5 by lot 2, Psd-03-010967 (OLT) and on the SW.,
along line 5-1 by lot 22 of the subdivision plan. Beginning
at a point marked “1” on plan, being N. 25 deg. 14’W.,
1084.46 m. from BLLM No. 26, Guimba Cadastre.

thence N. 64 deg. 28’E., 9.42 m. to point 2;

thence S. 89 deg. 18’E., 4.90 m. to point 3;
thence S. 17 deg. 19’E., 36.05 m. to point 4;
thence S. 62 deg. 11’W., 11.59 m. to point 5;
thence N. 21 deg. 11’W., 38.42 m. to the point of

beginning; containing an area of FOUR HUNDRED

EIGHTY THREE (483) Square Meters. All points referred
to are indicated on the plan and are marked on the ground
by OLT cyl. conc. mons. Bearing true; date of the Original
Survey No. 1919-Feb. 1922 and that of the subdivision
survey June 30, 1987 and was approved on Nov. 5, 1987.

3. A copy of petitioner’s Certificate of marriage is hereto attached

as Annex “A” to prove that she is the wife of the registered owner
Rafael Dela Cruz;

4. Rafael died on October 21, 1993, and such fact is evidenced by a

Certificate of Death, a copy of which is hereto attached as Annex
“B”;

5. After the death of her husband, petitioner was entrusted with

safekeeping the Original Owner’s Duplicate Copy of Transfer
Certificate of Title No 014-09-044-13-010. Petitioner placed
the said title inside a cabinet in her bedroom at home together
with all other important personal documents;

6. Sometime in November 2017, petitioner remembered to check on

the said title. To her surprise and dismay, she could no longer find
the same as it has most probably been misplaced. Petitioner
exerted diligent efforts to locate the same but all proved futile as
the same could no longer be located;

7. Petitioner executed an Affidavit of Loss attesting to the

circumstances surrounding the loss of the said title he being the
one in possession thereof. A copy of the Affidavit of Loss is hereto
attached as Annex “C”;

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 8. Petitioner also caused the annotation of the affidavit of loss at the
back of the copy of the said title on file with the Office of the
Registry of Deeds as evidenced by a certified true copy of the said
title, copy of which is hereto attached as Annexes “D to D-4” and
the annotation of the Affidavit of Loss as Annex “D-4-a” and a
copy of the Tax Declaration of the subject parcel of land is hereto
attached as Annex “E”;

9. That the owner’s Duplicate copy of the said title was not delivered
by to any person or financial institution as security for any
obligation nor is it subject of any registration with the Office of
the Registry of Deeds.

PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed of this Honorable Court that after due notice, posting and
hearing, an Order/Decision be issued in favor of the Petitioner:

1. Declaring the owner’s duplicate copy of Transfer

Certificate of Title No. 014-09-044-13-010 as having
been LOST and WITHOUT ANY LEGAL FORCE AND
EFFECT;

2. Ordering the Register of Deeds of Talavera, Nueva Ecija to

issue a second owner’s copy of Transfer Certificate of
Title No. 014-09-044-13-010 exactly in the same tenor,
which shall in all respect be entitled to the same faith and
credit as the lost one, in the name of the registered owner
Rafael Dela Cruz.

3. Other reliefs just and equitable under the foregoing premises

are likewise prayed for.

Cabanatuan City, Nueva Ecija for Guimba, Nueva Ecija,

January 10, 2019.

ATTY. MICHAEL S. DE GUZMAN

Roll No. 62204
MCLE Compliance No. VI-0006517
4/14/2022
IBP Lifetime Member No. 018549
IBP O.R. No. 023891, January 10, 2018

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PTR No. CBN-1176785 01/08/2019
Cabanatuan City
819 Bantug Science City of Munoz, Nueva
Ecija
09985347342/michaeldg83@gmail.com

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