Republic of the Philippines REGIONAL TRIAL COURT 11" Judicial Region Branch _ Panabo City, Davao del Norte IN RE: PETITION FOR ISSUANCE URC CHE NARE bb- 20% OF NEW TRANSFER CERTIFICATE OF TITLE NO. 142-2016011539 IN LIEU OF THE LOST ONE. FLORA M. GALAGALA, duly represented herein by WILFREDO M, GALAGALA, as Attorney-in-fact Petitioner, -versus- REGISTRY OF DEEDS FOR THE PROVINCE OF DAVAO PETITION FOR ISSUANCE OF NEW ORIGINAL OWNERS DUPLICATE COPY OF TRANSFER CERTIFICATE OF TITLE NO. 142-2016011539 IN LIEU OF THE LOST ONE PETITIONER, thru the undersigned counsel, most respectlully states: 1. That petitioner is of legal age, Filipino, widow and a resident of Prk. 2, San Roque, Maco, Davao de Oro, Philippines, and is duly represented by in this petition by WILFREDO M. GALAGALA, as Attorney-in-fact, per Special Power of Attorney docketed as Doc No. 161; Page No. 33; Book No. XXVIII; Series of 2020 of the Notarial Register of Atty. Mario 8. Sapilan Jr. Copy of the same is hereto attached as Annex “A”; 2. That defendant Registry of Deeds of Tagum City is impleaded as party Defendant, being the agency of the government with the functions of registering deeds under the |and task to record and correct titles of lands within with office address at Government Center, City, Davao del Norte, where it may also be eS.a 3, That petitioner is the registered owner of that parcel of land covered by Transfer Certificate of Title No. 142-2016011539, consisting an area of TWO THOUSAND TWO HUNDRED THIRTY FIVE (2,235) SQUARE METERS, more or less, situated at Purok 5, ‘San Vicente, Panabo City, Davao del Norte, of the Registry of Deeds for the Province of Davao del Norte. Copy of the same is hereto attached as Annex “B”; 4. That sometimes on August 18, 2020, Petitioner Attorney-in-fact went to the City Assessors Office of Panabo City, Davao del Norte, to pay the real property tax of the aforementioned property, bringing with him the Original Owners duplicate Copy of Transfer Certificate of Title No. 142-2016011539, for reference, but unfortunately the folder containing subject Transfer Certificate of Title No. 142-2016011539, was lost and nowhere to be found. of the affidavit of loss duly authenticated by the Registry of 5, That said Original Certificate of otherwise delivered to any person or entity to guarantee any ‘obligation or for any other purpose and that said title is intact with the office of the Registry of Deeds of the Province of Davao. Copy of the Certification is hereto attached as Annex “D”, 6. That the taxes of the subject parcel of land have been duly paid. Copies of the Tax Clearance and Tax Declaration are hereto attached as Annexes “E” and 7. That subject land is not subject to any pending case. Copy of the Certification of No Per Case is hereto attached as Annex “G"; 8, That this petition is filed in good faith and not intended to circumvent any law. _—_—PRAYER WHEREFORE, petitioner respectfully pray of this Honorable Court to declare null and void the owner’s duplicate of transfer Certificate of Title No. 142-2016011539, which has been lost and to order direct the Registry of Deeds of the Province of Davao after payment of the fees prescribed by law, to issue in lieu thereof a new owner's duplicate of Transfer Certificate of Title No. 142-2016011539 which shall in all respects be entitled to like faith and credit as the original duplicate, in accordance with section 109 of Act No. 496, as amended by Presidential Decree No. 1529. PETITIONER'S, pray for such other relief/s just and or equitable under the premises. Tagum City, (for Panabo City), Davao del Norte, Philippines, October 19, 2020, Counsel for the petitioner 2” Floor, Gementiza Bldg., ‘Osmena St., Tagum City PTR O.R. No. 2711206/01-03-20/Tagum City IBP Lifetime No. 05275/04-20-05 TIN No. 916-121-959 Roll No.43881 MCLE Compliance No. Vil-0001154/10-17-19 Copy furnish: OFFICE OF THE SOLICITOR GENERAL 4 2% [22 TEL BE 134 Amorsolo St. Legaspi Vilage, kd prao-20 Makati CityRepublic of the Philippines..........) Province of Davao del Norte........)S-5. City Of TagUMrnesnnrrennnrnnn) VERIFICATION |, WILFREDO M. GALAGALA, of legal age, Filipino, widow and a resident of 5 Avenue, Misa District, Magugpo South, Tagum City, Davao del Norte, Philippines, after having been sworn to in accordance with law, do hereby depose and say: 1. That | am the Attorney-in-fact of the Petitioner in this Petition. Copy of the Special Power of Attorney is attached in the Petition as Annex “A; ‘That the allegations in the pleadings are true and correct based on my personal knowledge, and based on authentic documents; 3, That the factual allegations therein have evidentiary support or, if specifically so identified, will likewise have evidentiary support after 2 reasonable opportunity for discovery; That, ‘ecuting this Verification to attest to the truth of the f Sm aint Neorg oo IN WITNESS WHEREOF, | have hereunto affixed my signature this ocr 1 ¢ xy at Tagum City, Davao del Norte, Philippines. wnrnesda GALAGA Affiant DL No. L06-90-023002 Issued by LTO-Tagum City ols a ‘SUBSCRIBED AND SWORN to before me, this at Tagum City, Davao del Norte, Philippines. Affiant exhibited to me his Valid Identification Card bearing his photograph and signature. ATTY. MARIO. SAPILAN, JR. Nay ble unui Deemer Doc. No. Notarial C es ea bos No. jl omminn N, €28/014720 as No rer dod nthe Pree Of ures et nae ‘row Coen ey, oem Seve: No 2020 fotno. 1 Tmeotea2tass TRO. No. 2711206/01-03-20/Tagum City {BP Lifetime No. 05275/04-20-05 [MCLE Complianes Mo. Vi-0001154/10-17-19Republic of the Philippines...) Province of Davao del Norte.....}s.5 AY OF TEGUM aren nesrnensennann) CERTIFICATION ON NON-FORUM SHOPPING |, WILFREDO M. GALAGALA, of legal age, Filipino, widow and a resident of 5” Avenue, Misa District, Magugpo South, Tagum City, Davao. del Norte, Philippines, after having been sworn to in accordance with law, do hereby depose and say: 1, That | am the Petitioner in this Petition; 2, That petitioner has not theretofore commenced any action or filed any claim involving the same issue in any court, tribunal or quasi-judicial agency and to the best of his or her knowledge, no such other action or claim is pending therein; 3. That if petitioner should thereafter learn that the same or similar action oF claim has been filed or is pending, he or she shall report that fact within five (5) calendar days therefrom to the court wherein his or her aforesaid complaint or initiatory; “Dit anorarnsr=n en he cy IN WITNESS WHEREOF, | have hereunto affixed my signature this “113 27 at Tagum City, Davao del Norte, Philippines. WILFREDQ M. GALAGALA jant DL No. L06-90-023002 Issued by LTO-Tagum City SUBSCRIBED AND SWORN to before me, this m at OCLs ay Tagum City, Davao del Norte, Philippines. Affiant exhibited to me his Valid Identification Card bearing his photograph and signature. any. Mario SaPiaN, AR. Notary Public Until December 31, 2021 Doc. No. 249; Notarial Commission No. 828/01-17-20 Page No, 0_; For And In The Province Of Davao Book No. 00 ; 2 Foot Gementiza Bd, Osmeha St, Tagum Cty Series No. 2020, Roll No. 43881 TIN-916-121-959 PTRO.R, No. 2711206/01-03-20/Tagum City {GP Lifetime No. 05275/04-20-05 MCLE Compliance No. Vi-0001154/10-17-19