REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

7th Judicial Region
Branch 6, Cebu City

ESTRELLA VILLAVER ALCONTIN

Petitioner, CAD CASE NO. 6
LRC RECORD NO. 66
LOT NO. 3842
THE DIRECTOR OF LANDS, and the Register of DECREE NO. 139193
Deeds of Cebu Province,
Respondent.
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AMENDED PETITION FOR RECONSTITUTION

OF ORIGINAL CERTIFICATE OF TITLE

COMES NOW Petitioner, through the undersigned counsel, to this

Honorable Court, respectfully allege:

1. That Petitioner is of legal age, widow and a resident of 194 D2

Esperanza Village, Tisa, Cebu City;

2. That defendants are the government agencies/officials impleaded in this

petition as nominal parties being the government agencies which will be subsequently
ordered by this Court to reconstitute the titles/deeds subject matter of the instant petition,
defendant Director of Land may be served with summons and other court processes at
Land Registration Authority, NIA Road Dilliman, Quezon City while defendant Register
of Deeds of Cebu Province may be served with summons and other court processes at
Department of Agriculture Compound, M. Velez St., Cebu City;

3. That Lot No. 3842 of the Cadatral Survey of Carcar, Situated in Carcar
City, Cebu was registered under the following names:

a. Roberta Lapas, the wife of Jorge Bariquit,

b. Petra Lapas;
c. Eusebia Lapas, the wife of Dominga Villaver; and
d. Sixta Lapas, the wife of Hospicio Alea
 4. That Original Certificate of Title No. 11307 was issued in favor of the
foregoing persons over Lot No. 3842 as shown by the machine copy hereto
attached as Annex “A”;

5. That the original owner’s duplicate certificate of title is still in the

possession of heirs of the above-named persons;

6. That the herein petitioner is one of the heirs of the late Eusebia Lapas
and Domingo Villaver;

7. That in 2008, the heirs of the above-named registered owners of the lot
3842 executed a Deed of Partition, and that when they submitted the same to the
Register of Deeds of the Province of Cebu, they were informed that the said
Register of Deeds has no records of Lot 3842, further declaring that the said Deed
or record is either burned or lost during the last World War, as shown by the
Certification dated March 2, 2009, hereto attached as Annex “B”;

8. That there is no conflicting claims among the adjacent owners which

would affect the metes and bounds of Lot 3842 subject matter in the instant
petition or proceedings and much less there is no document pending registration
affecting the aforesaid lot;

9. That there is no co-owner’s copy and neither was the said lot subject to
any mortgage or other liens and encumbrances of whatever nature at the time
that records/deed was lost or destroyed and this petition is filed in good faith;

WHEREFORE, after due publication, notice and hearing, the Honorable

Court is respectfully prayed to issue an order:

1. declaring the Deeds/records of Lot 3842 as lost and destroyed;

2. Ordering the Register of Deeds of Cebu Province to reconstitute
the deeds/records of Lot 3842 and issue a reconstituted Original
Certificate of Title covering lot 3842 in the names of:
a. Roberta Lapas, the wife of Jorge Bariquit,
b. Petra Lapas;
c. Eusebia Lapas, the wife of Dominga Villaver; and
 d. Sixta Lapas, the wife of Hospicio Alea

Petitioner further prays for other relief and remedies which are just and
equitable under the premises.

Cebu City, Philippines, May 12, 2009.

ATTY. FRANCIS GEORGE F. DINOPOL

Counsel for the Petitioner
Room 402 G.K. Chua Building
Sancianco Street, Cebu City
Roll of Attorneys Number 50084
PTR No. 5441954, 01-07-2009 Cebu Capitol
IBP No. 744872, 01-07-2009, Cebu Chapter
MCLE Compliance No. II-0014596