Republic of the Philippines

REGIONAL TRIAL COURT

7th Judicial Region
Branch___
Cebu City

IN RE: PETITION FOR RE-ISSUANCE

OF NEW OWNER’S DUPLICATE COPY
OF TRANSFER CERTIFICATE OF TITLE
NO. 2010

IMELDA CLARA Sp. Proc. Case No.____

LRC CASE NO.

Petitioner,

x------------------------------------------------x

PETITION

Petitioner, thru the undersigned counsel unto this Honorable Court, most
respectfully alleges, that:

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

Mabolo, Cebu City;

2. Petitioner is a co-owner, as he is one of the compulsory heirs, of a parcel

of land registered and owned by petitioner’s deceased parents namely spouses
Badong Clara and Pinay Clara who died on September 2, 2014 and December 15,
2014 respectively. The said property is under the Transfer Certificate of Title
Number 2010, located at Mabolo, Cebu City, herein particularly described as:

“A PARCEL OF LAND (Lot 3-B-1 of the subdivision plan LRC

Psd140017, being a portion of Lot 3-B, LRC Psd-80380, LRC Rec. No. H.
Pat.), situated in the Barrio of Calunsi, City of Cebu Province of Cebu.
Bounded on the SW., NW., & NE., points 1-4 by Lot 3-B-2, of the
subdivision plan; on the SE., points 4-1 by Road. Containing an area of
THREE HUNDRED TWO (302) SQUARE METERS, more or less.”

A certified true copy from the Register of Deeds Mandaue City is hereto
attached and marked as Annex “A”, an annotation of the Affidavit of Loss
executed by herein petitioner can be found on Page five (5) of the said certified
true copy, it is designated as Entry No. 201008013 dated December 01, 2015 and
herein marked as Annex “A-1”;

3. That during the lifetime of the said deceased parents, they obtained a loan
with the Social Security System (SSS) using the said parcel of land as collateral
and accordingly surrendered their owner’s copy of TCT No. 2010 to the said
office;
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 4. That the said loan ad been fully paid thus, a Certificate of Release of
Mortgage had been issued to the SSS together with the Owner’s Duplicate copy of
the TCT 2010. Attached herewith is a copy of the Certification of full payment by
the SSS marked as Annex “B” and the original copy of the said certificate was
already submitted to the Register of Deeds- Cebu City;

5. That sometimes in January 2014, the spouses gave the Certificate of

Release of Mortgage issued by the SSS together with the Owner’s Duplicate copy
of TCT 2010 to petitioner in order for the latter to process the cancellation of
Annotation with the Office of the Register of Deeds Cebu;

6. That petitioner set the documents aside and was preoccupied with other
matters, until the demise of both his parents. Consequently, the compulsory heirs
executed an Extrajudicial Settlement of Estate among the Heirs but could not
proceed with the transfer of name of the title because petitioner could no longer
locate the said Title despite diligent efforts. A copy of the Extrajudicial Settlement
is hereto attached and marked as Annex “C”;

7. That petitioner took pains to look for said Transfer of Certificate of Title
No. 2010, but to no avail. thus, the said document is now considered lost in all
legal intent. Petitioner has already notified the Register of Deeds- Cebu City of the
said loss by executing an Affidavit of Loss herein attached and marked as Annex
“D” which is likewise annotated in the Transfer of Certificate of Title original
copy of the Register of Deeds Cebu City;

8. That the original copy of the said certificate of title is currently kept in the
custody of the Registrar of Land Titles and Deeds of the City of Cebu;

9. That a new owner’s duplicate copy cannot be issued by the Register of

Land Titles and Deeds of the City of Cebu without a Court order;

10. The petitioner and his siblings are in constructive possession of the
parcel of land covered by the Transfer Certificates of Title mentioned above;

11. The Transfer Certificate of Title No. 2010 is free from all liens and
encumbrances of any kind whatsoever.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed of the

Honorable Court that after due Notice and Hearing, to order and direct the Registry
of Deeds of the Province of Cebu- city of Cebu to issue a new owner’s duplicate
copy of TCT 2010, in lieu of the one that was lost.

Petitioner further prays for such other relief and remedies just and equitable
in the premises.

Most respectfully submitted this February 21, 2019 at Cebu City,

Philippines.

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 SABDULLAH, VILLABLANCA, ESCANO, DAYAGBIL LAW OFFICES
Penthouse, 20th Floor, SVED Law Tower,
Cebu Business Park, Cebu City, Cebu 6000
Telefax (023) 231-3611
svedlawoffices@gmail.com

BY:

ATTY. CRISTINE MAE N. VILLABLANCA

Counsel for Petitioner
PTR No. 1430270- 12.08.2018 (for 2019) Cebu City
Roll of Attorneys No. 42661; IBP LRN 04474
MCLE Compliance No. V-0004987 (Issued at 12.18.14)

REPUBLIC OF THE PHILIPPINES)

3
CITY OF CEBU ) S.S

VERIFICATION AND CERTIFICATION OF

NON-FORUM SHOPPING

I, IMELDA CLARA, Filipino, of legal age, married and a resident of

Mabolo, Cebu City, after having been duly sworn in accordance with law,
depose and state that:

1. I am the petitioner in the above-stated case;

2. I caused the preparation of the foregoing Petition for Re-Issuance of

Owner’s Duplicate copy of TCT No. 2010 which the original record is
kept at the Registry of Deeds Cebu City;

3. I have read the contents thereof and the facts stated therein are true
and correct of my own personal knowledge and/or on the basis of
copies of documents and records in my possession;

4. I have not commenced any other action or proceeding involving the

same issues in the Supreme Court, the Court of Appeals, or any other
tribunal or agency;

5. To the best of my knowledge and belief, no such action or proceeding is

pending in the Supreme Court, the Court of Appeals, or any other
tribunal or agency;

6. If I should thereafter learn that a similar action or proceeding has been

filed or is pending before the Supreme Court, the Court of Appeals, or
any other tribunal or agency, I undertake to report that fact within five
(5) days therefrom to this Honorable Court.

________________________
IMELDA CLARA

SUBSCRIBED AND SWORN to before me this 21st day of February 2019

at Cebu City, Philippines affiants exhibiting to her competent evidence of
identity: NLRC EMPLOYEE ID No. 01956 known to me to be the same
person who executed this document and swore under oath that the same is
her free will and voluntary act.

ATTY. JABAR A.
SABDULLAH
NOTARY PUBLIC

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 For Cebu City, Carcar City and
Municipality of San
Fernando
Notarial Commission No. 054-06
Doc No. ___; (Until December 31, 2019)
Page No. ___; Suite 4, JCS Building, Cebu City
Book No. ___; PTR No. 1430271- 12.08.2018
Series of 2019 (for 2019) Cebu City
Roll of Attorneys No. 42662; IBP
LRN 04475
MCLE Compliance No. V-0004988
(Issued at 12.18.14)

Copy furnished:

1.Office of the City Prosecutor

Palace of Justice
Capitol, Cebu City

2. Office of the City of Civil Registrar

Back of City Health Office, Mabolo
Cebu City

3. The Solicitor General

134 Amorsolo St., Legazpi Village
Makati City

PROOF OF SERVICE/EXPLANATION

I hereby certify that a copy of the foregoing petition is being served thru registered
mail to the above concerned offices due to time and distance constraints.

ATTY. CRISTINE MAE N. VILLABLANCA