Republic of the Philippines

REGIONAL TRIAL COURT

Branch 40
Calapan City

IN RE: Petition for the Issuance of

a New Owner’s Duplicate Copy of
Transfer Certificate of Title No.
064-2015001174 in the Registry of
Deeds for Calapan City, Oriental Mindoro

LRC Case No.01435

MERLYN U. GUTIERREZ,
Petitioner
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PETITION

PETITIONER, by and through counsel, unto this Honorable Court

respectfully aver that:

1. That petitioner MERLYN U. GUTIERREZ, of legal age, Filipino citizen,

and resident of Sitio Acacia, Bulusan, Calapan City, Oriental Mindoro;

2. The Register of Deeds for Calapan City holds office at Sta. Isabel, Calapan
City, Oriental Mindoro, where legal processes may be served.

3. The Land Registration Authority has its office at 3rd Floor East Avenue
Corner NIA Road, Diliman, Quezon City where legal processes may be
served.

4. Petitioner is the duly registered owner of one (1) parcel of land situated in
Sitio Acacia, Bulusan, Calapan City covered by Transfer Certificate of Title
No. 064-2015001174 duly issued by the Registry of Deeds for Calapan
City;

5. On June 1, 2016, petitioner bought the subject property from its previous
owner, JOHN Y. DEPP.

6. The lot number, location, boundaries and area of the Subject Property are as
follows:

TRANSFER CERTIFICATE OF TITLE NO. 064-2015001174

 A PARCEL OF LAND (Lot 6 Blk 12 of consolidation subdivision plan (LRC)
Pcs-15678, being a portion of the consolidation of Lots 4955-A and 4955-B
(LRC) Psd-60533, Lot 6, Psd-600603, Lot 5, Psd-160880, LRC Rec. Nos. N-
27924, 15678, 89632, N-17782, N-16466, and 21071 situated in Sitio Acacia,
Bulusan, Calapan City, Province of Oriental Mindoro, South of Luzon.
Bounded on NE., point 4 to 1 by Road Lot 6, on...to the point of beginning;
containing an area of (5000) square meters more or less..."

7. That being the registered owner of the subject property, the owner’s
duplicate copy of said title was in the possession and custody of the
petitioner. After obtaining the original owner’s duplicate copy of Transfer
Certificate of Title No. 064-2015001174 from the Registry of Deeds in
2016, petitioner MERLYN U. GUTIERREZ keep it.

8. That on May 8, 2020, petitioner MERLYN U. GUTIERREZ discover that

the original owner’s duplicate copy of Transfer Certificate of Title No. 064-
2015001174 was nowhere to be found.

9. That petitioner has formally given notice to the Registry of Deeds of

Calapan City of the fact of such loss by filing therewith an Affidavit of
Loss dated May 15, 2020 as evidenced by its receiving stamp appearing
thereon.

10. That the original owner’s duplicate copy of Transfer Certificate of Title No.
064-2015001174 is now irretrievably lost beyond recovery for all intents
and purposes.

11. That notwithstanding all diligent and earnest efforts to find the missing
original owner’s duplicate copy of Transfer Certificate of Title No. 064-
2015001174, the said TCT cannot be found anymore.

12. The Subject Property is free from any claims, liens, and encumbrance of
whatever nature or kind and is not the subject of any litigation or
investigation, administrative or judicial;

13. The real property taxes due on the Subject Property have been regularly
paid.

14. A foregoing considered, all the requirements of Section 109 of P.D. No.
1529, otherwise known as the “Property Registration Decree of the
Philippines” are duly complied with by the Petitioner.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this

Honorable Court that, after due notice and hearing, an Order be immediately
issued:
 1. DECLARING AS NULL AND VOID the lost original owner’s duplicate
copy of Transfer Certificate of Title No. 064-2015001174 issued by the
Register of Deeds of Calapan City; and

2. Directing the Register of Deeds of Calapan City to ISSUE a new owner’s

duplicate copy of TCT No. 064-2015001174 to Petitioner with the same
terms and conditions as the original thereof, in lieu of the lost owner’s
duplicate copy of TCT No. 064-2015001174 and DECLARE that the new
owner’s duplicate copy of Subject Property as issued shall in all respects,
be entitled to full faith and credit in accordance with Presidential Decree
No. 1529 otherwise known as Property Registration Decree.

Petitioner likewise prays for other reliefs just and equitable as the
Honorable Court may determine under the foregoing premises.

May 22, 2020, Calapan City, Oriental Mindoro.

ATTY. SAI A. GUTIERREZ

Counsel for the Petitioner
Roll No. 77790
IBP No. 093459 10-18-19
PTR No. 0556040 01-13-20
MCLE Compliance No.IV-
443584
Issued on December 12, 2019
143 Forever St., Calapan City
Tel No. 288-2014