Republic of the Philippines

First Judicial Region

REGIONAL TRIAL COURT
Branch No. ____
Dagupan City in Pangasinan

IN RE: PETITION FOR

ISSUANCE OF NEW
COPY OF OWNER’S
DUPLICATE
TRANSFER
CERTIFICATE OF
TITLE NO. 30599 IN
LIEU OF THE LOST
ONE,
__________________

SPS. MOSES P.
ESCAÑ0 and ROSA
MARIETTA J. ESCAÑO,

Petitioners,

-- versus -- SPEC. PROC. CASE NO. _______________

REGISTER OF DEEDS
OF SAN CARLOS CITY
IN PANGASINAN, and
all other persons that
may be affected
thereby,
Respondents.
x- - - - - - - - - - - - - - - x

PETITION

PETITONERS, by the undersigned counsel, and unto this

Honorable Court, most respectfully aver:

1. Petitioners SPOUSES MOSES P. ESCAÑO (Moses, for

brevity) and ROSA MARIETTA J. ESCAÑO (Rosa for
brevity) are of legal age, Filipino citizens and
residents of Brgy. Perez Blvd., San Carlos City,
Pangasinan. Petitioners may be served with
summons, processes, and pleadings of the Honorable

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 Court through the undersigned counsel at Poblacion,
San Carlos City, Pangasinan.

2. On the other hand, respondent Register of Deeds of

San Carlos City holds office in San Carlos City,
Pangasinan where it may be served with summons
and other legal processes of the Honorable Court.

3. Petitioners are the registered owners of a certain

parcel of land now located in Brgy. Paitan, San
Carlos City, Pangasinan (before it was situated within
the territory of Barrio Magtaquing of the city), as
evidenced and covered by Transfer Certificate of Title
(TCT) No. 30599, more particularly described as
follows:

“A parcel of land (Lot 3800-A, Psd-1-

017531, being a portion of Lots 3783 and
3800, San Carlos Cad. L.R.C. Rec. No. ____)
situated in the Bo. of Magtaquing (now in
Brgy. Paitan), City of San Carlos, Island of
Luzon. Bounded on the SW., along line 1-2
by Lot 3801 San Carlos Cadastre; on the
NW., along line 2-3 by a Road; on the NE.,
along line 3-4 by Lot 3800-B, Psd-1-
017531; on the SE., along line 4-1 by Lot
3802 San Carlos Cadastre. Containing an
area of ONE THOUSAND THREE HUNDRED
FOURTEEN (1,314) SQUARE METERS, more
or less. Declared under Tax Declaration No.
00291 c.s. nad assessed at P2,730;
covered by Transfer Certificate of Title No.
30599 of the land records of the City of San
Carlos in Pangasinan.”

Machine copy of the certified true electronic copy of

Transfer Certificate of Title (TCT) No. 30599 is hereto
attached and marked as Annexes “A and series”.

4. Since the acquisition of the above-described property,

the petitioners have been in actual possession
thereof.

5. Upon the issuance of the certificate of title over the

above-described property, the original copy of
owner’s duplicate certificate of title has been
delivered to and in the possession of the petitioners.
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6. That, however, the above-mentioned copy of owner’s
duplicate certificate of title in the possession of the
petitioner has been LOST, and the manner how it
has been lost is hereunder narrated as follows:

a. That sometime in the first week of November, 2020,

petitioner Moses went to Kaluyagan Rural Bank, in
San Carlos City, Pangasinan bringing with him the
owner’s copy of the TCT No. 30599 covering the
above-described parcel of land for the purpose of
inquiring on how he could possible secure a loan
with the said bank, using the certificate of title as
collateral;

b. That after coming from the Kaluyagan Rural Bank

and before going home, petitioner Moses still went
to San Carlos City public market to do some
marketing while bringing along with him the
envelope containing the above-mentioned owner’s
copy of certificate of title;

c. That after through with his said marketing task and

already gone home, petitioner Moses discovered that
the envelope together with the above-mentioned
owner’s copy of certificate of title contained therein
was missing which he could have probably left in
the market or lost on his way home;

d. That despite of petitioner Moses’ diligent efforts to

retrieve and/or locate the owner’s copy of TCT No.
30599, the same were all in vain;

e. That needless to state that the afore-said copy is

considered LOST.

7. The above-mentioned property covered by the TCT

No. 30599 is free from any lien and encumbrance,
and not mortgaged nor put up as a bond for security
or for any other purpose.

8. On March 1, 2021, petitioner Moses executed an

Affidavit of Lost Title in connection with above-
described real property, and on even date, the same
was filed and registered with the Registry of Deeds of
San Carlos City in Pangasinan. Consequently, the
Affidavit of Lost Title was annotated on the title with
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 Entry No. 2021000293 which is marked as Annex
“B-6”.
Copy of the registered Affidavit of Lost Title is hereto
attached and marked as Annex “B and series”.

9. That

PRAYER

WHEREFORE, all premises well considered, it is most

respectfully prayed of this Honorable Court that after due
notice and hearing, a DECISION be rendered with the
following tenor:

A. Granting the herein petition and declaring the lost

original copy of Owner’s Duplicate Transfer Certificate
of Title No. 36599 as null and void; and

B. Directing the Registrar of Deeds of San Carlos City in

Pangasinan to issue in favor of the petitioners a new
copy of Owner’s Duplicate Transfer Certificate of Title
No. 36599.

Petitioner further prays for other reliefs and remedies,

just and equitable under the premises.

San Carlos City in Pangasinan, April 12, 2021.

ATTY. BALTAZAR ANSBERTO L. CAGAMPAN

Counsel for the petitioner
E-mail add: hlcagampan@gmail.com
Poblacion, San Carlos City, Pangasinan
ROLL NO. 61187; 03-27-2012
IBP No. 1652; 01-12-2021
PTR No. 4477955; 01-06-2021
MCLE Compliance No. VI- 0024392; 04-10-2019

COPY FURNISHED:

1. OFFICE OF THE REGISTRAR OF DEEDS

San Carlos City, Pangasinan

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2. OFFICE OF THE CITY PROSECUTOR
San Carlos City, Pangasinan

3. OFFICE OF THE SANGGUNIANG PANLUNGSOD

San Carlos City, Pangasinan

4. OFFICE OF THE PUNONG BARANGAY

Brgy. Paitan, San Carlos City, Pangasinan

5. PHILIPPINE NATIONAL POLICE – LOCAL POLICE

STATION
San Carlos City, Pangasinan

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