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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


NATIONAL CAPITAL JUDICIAL REGION
BRANCH ___

IN RE: PETITION FOR


ISSUANCE OF NEW
OWNER’S DUPLICATE
COPY OF TRANSFER
CERTIFICATE OF TITLE NO.
213400 IN LIEU OF THE
LOST ONE,
LRC Case No. _____

ASUNCION G. SY,
PETITIONER.
x-----------------------------x

PETITION

PETITIONER, ASUNCION G. SY, through counsel, to the


Honorable Court, most respectfully states that:

PARTIES

1. Petitioner is of legal age, widow to Sy Lam Hong,


Filipino, and resident of 2423 S. DEL ROSARIO ST.,
GAGALANGIN, TONDO, MANILA. She may be served with
processes of the Honorable Court through the undersigned
counsel at 17 BROADWAY AVENUE, MARIANA, QUEZON
CITY;

2. Registry of Deeds for the City of Manila is being


impleaded as a necessary party holding office at ROOM 222,
2ND FLOOR, MANILA CITY HALL, MANILA, METRO MANILA,
where it may be served with summons and other court
notices;

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STATEMENT OF FACTS AND OF THE CASE

3. Petitioner is the spouse of Sy Lam Hong, who is


the registered owner of a parcel of land, located at S. DEL
ROSARIO ST., BARANGAY 170, ZONE 015, TONDO, MANILA,
registered in the Registry of Deeds for the City of Manila
under Transfer Certificate of Title (TCT) No. 213400, free of
any encumbrance, particularly bounded and described as
follows:

“A parcel of land (Lot 54 of the subdivision


plan Psd-4336, GLRO Record No. 278),
situated in the District of Tondo, City of
Manila. Bounded on the NE. by lot 53 of the
subdivision plan; on SE. by Calle Salvador
del Rosario; on the SW. by lot 104 of the
subdivision plan,(road); and on the NW. by
Lot No.55 of the subdivision plan. Beginning
at a point marked “1” on plan, being N.29
deg. 13’S., 848.64m from B.L.L.M. 53, City
of Manila; thence N. 37 deg. 30’W., 12.11m.
to point 2; thence N. 52 deg. 30’S., 12.00m.
to point 3; thence S.37 deg. 30’E.,12.11m to
point 4; thence S. 52 deg. 30’W., 12.00m. to
the point of beginning; containing an area of
ONE HUNDRED FORTY FIVE SQUARE METERS
AND THIRTY SQUARE DECIMETERS (145.30),
more or less. All points referred to are
indicated on the plan and on the ground are
marked by PLS Conc. Mons.; bearings true;
declination 1 deg. 02’E., date of original
survey, May 26-27, 1909 and that of the
subdivision survey, May 11, July 20-21 and
September 1-30, 1928.

Certified True Copy of TCT No. 213400 is


attached as Annex “A” and series;

4. That on October 29, 2010 Sy Lam Hong died.


Copy of the Certificate of Death is attached as Annex “B”;

5. That on November 08, 2011 the compulsory heirs


of Sy Lam Hong including herein Petitioner executed an
Extra-Judicial Settlement of Estate of deceased Sy lam

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Hong. Copy of the Extra Judicial Settlement of Estate of
Deceased Sy Lam Hong is attached herein as Annex “C” ;

6. That the above title was kept under Petitioner’s


possession and custody;

7. However, sometime in August 8, 2012 the Original


Duplicate of TCT 213400 was lost due to heavy flooding
which submerged the first floor of Petitioner’s residential
house where the Original Duplicate of TCT 213400 was kept;

8. Prior to the filing of this Petition, Petitioner has


already caused the annotation of an Affidavit of Loss at the
back of the Registry of Deeds’ original copy of TCT No.
213400 as Entry No. 2015008929. The said annotation is
sub-annexed as Annex “A-6”, while original copy of the
Affidavit of Loss is attached as Annex “D”;

9. TCT No. 213400’s original copy is existing and


intact according to the Registry of Deeds for the City of
Manila. In the Certification issued by the Registry of Deeds
for the City of Manila, it was stated: “It is hereby certified
that that this is a true electronic copy of the document on
file in Registry of Deeds of Manila, which consists of 5
page (s).” The said certification is sub-annexed as Annex
“A-1”.

10. That the property is declared for taxation


purposes under Tax Declaration No. AD-01170-00216. Copy
is hereto attached as Annex “E” and series and the taxes
due thereon has been fully settled as evidenced by a Tax
Clearance attached hereto as Annex “F” and series.

11. That the property is possessed/occupied by the


Petitioner and the name/s and address/es of the adjacent
owners are the following:

A.) HELEN GOMEZ


2425 S. DEL ROSARIO ST.
GAGALANGIN, TONDO, MANILA

B.) MARCILINO MANALO


2422 S. DEL ROSARIO ST.
GAGALANGIN, TONDO, MANILA

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CAUSE OF ACTION

12. Petitioner anchors her cause of action in Section


109 of P.D. No 1529, otherwise known as the Property
Registration Decree, to wit:

“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.”

13. Petitioner has an interest to the parcel of land


covered by TCT No. 213400 considering that she is an heir
to the registered owner of the subject parcel of land. The
existence and intactness of the certificate of title over the
property has also been attested by the Registry of Deeds;

14. In compliance to paragraph 1 of Section 109, P.D.


No 1529, Petitioner has already given due notice to the
Registry of Deeds for the City of Manila that her Owner’s
Duplicate Copy of Title is lost (Annex “D”). The fact of loss
of such title has been annotated at the back of the title
(Annex “A-6”);
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15. Under the Mirror Principle of the Torrens System,
the certificate of title is a mirror which reflects accurately
and completely the current facts that are material to the
title;

16. In view of the foregoing facts and under the Mirror


Principle, Petitioner has a cause of action to file the instant
Petition.

PRAYER

WHEREFORE, above premise considered, it is most


respectfully prayed to the Honorable Court that a judgment
be rendered in favor of the Petitioner ordering the Registry
of Deeds for the City of Manila to ISSUE a New Owner’s
Duplicate Copy of Title in the name of Petitioner in lieu of
the lost one.

Other reliefs just and equitable under the circumstances


are likewise prayed for.

October ____ 2018, Quezon City for Manila, Philippines.

VINCENT ANGELO P.CALARA


Counsel for Petitioner
17 Broadway Avenue, Mariana
Quezon City, Philippines
PTR NO. 6950701; 09-18-18; Quezon City
IBP NO. 039724; 05-2018; PAMPANGA
ROLL OF ATTORNEYS NO. 71528
Mobile Phone No. 0915-253-6357

Collaborating Counsel:

ALLAN DUANE A. MENDOZA


ROLL OF ATTORNEYS NO. 63091
PTR NO. 6993205; 12-27-17; MANILA [For 2018]
IBP NO. 019835; 01-03-18; BULACAN
MCLE COMPLIANCE NO. V – 0020007
COMPLETED 19 MARCH 2016

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EXPLANATION WHY SERVICE
WAS NOT DONE PERSONALLY

Pursuant to Section 11, Rule 13 of the Rules of Court,


copies of the instant Petition were served to concerned
parties by registered mail or private courier service, due to
lack of manpower and material time to effect personal
service.

VINCENT ANGELO P. CALARA

COPY FURNISHED:

REGISTRY OF DEEDS FOR THE CITY OF MANILA


ROOM 222, 2ND FLOOR, MANILA CITY HALL, MANILA, METRO MANILA

LAND REGISTRATION AUTHORITY – RECONSTITUTION DIVISION


LRA CENTRAL OFFICE, EAST AVENUE CORNER NIA ROAD
DILIMAN, QUEZON CITY

OFFICE OF THE SOLICITOR GENERAL


134 AMORSOLO STREET, LEGASPI VILLAGE
1229 MAKATI CITY

OFFICE OF THE CITY PROSECUTOR


2/F MANILA CITY HALL, MANILA

REGIONAL EXECUTIVE DIRECTOR - DEPARTMENT OF ENVIRONMENT


AND NATURAL RESOURCES (DENR)
NATIONAL ECOLOGY CENTER COMPOUND, EAST AVENUE
DILIMAN, QUEZON CITY

HELEN GOMEZ
2425 S. DEL ROSARIO ST.
GAGALANGIN, TONDO, MANILA

MARCILINO MANALO
2422 S. DEL ROSARIO ST.
GAGALANGIN, TONDO, MANILA

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