1

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH 220
QUEZON CITY

IN THE MATTER OF PETITION

FOR ISSUANCE OF SECOND
OWNER’S DUPLICATE COPY OF
CONDOMINIUM CERTIFICATE OF
TITLE NO. N-17463 ISSUED BY
THE REGISTRY OF DEEDS OF
QUEZON CITY

LRC CASE NO. R-QZN-00819-LR

ARMANDO C. ALEGRE,
Petitioner.
x------------------------------------------------x

DECISION

This refers to the Petition for Issuance of Second Owner’s Duplicate

Copy of Condominium Certificate of Title No. N-17463 issued by the
Registry of Deeds of Quezon City filed by petitioner Armando C. Alegre.

After the establishment of jurisdictional facts, Exhibits “A” to “H,”

with submarkings, there being no opposition, the petitioner was allowed
to present his evidence ex-parte before the Branch Clerk of Court of this
Court, appointed as Commissioner. The testimony of the petitioner,
Armando C. Alegre, and the second witness for the petitioner, Mark
Anthony Martin I. Nocum, were presented as well as the documentary
Exhibits “I” to “M”, with submarkings.

The petitioner testified that he is the petitioner of this Petition for

Issuance of second owner’s duplicate copy of Condominium Certificate of
Title No. N-174183 also known as Unit 6-008, situated in South Triangle,
Quezon City (Exhibit “B”); that he was then in custody of the owner’s
duplicate of the said CCT No. N-174463 but he discovered afterwards that
the owner’s duplicate was no longer in the place where he previously
kept and despite effort exerted, he was not able to find the same; that
 2

the petitioner then instructed by his counsel to make a Letter of Inquiry

(Exhibit “C”) to his former wife Julie T. Alegre to know whether or not
she is in possession of the said title; that to date, no reply, whether or
oral or written, came from Ms. Julie Tantongco; that the petitioner,
through his counsel, notified the Registry of Deeds of Quezon City of the
loss of the said owner’s duplicate by executing an Affidavit of Loss
(Exhibit “D”) containing the circumstances of the loss of the owner’s
duplicate and registered the same with the said Registry; that the said
Affidavit of Loss was annotated at the back of the title (Exhibit “E”);
that the original of CCT No. N-17463 is still intact with the Registry of
Deeds of Quezon City as shown in the Certification of Existence (Exhibit
“F”); that this Court issued an Order dated July 4, 2013 (Exhibit “G”) to
set this case for hearing and that the petitioner was ordered to appear
and produce all proofs for issuance of new owner’s duplicate copy of CCT
No. N-17463 of the Register of Deeds for Quezon City and for any
oppositor to appear and/or file its objection to the instant petition; that
an Officer’s Return (Exhibit “H”) was issued by the server, Eufracio C.
Pradez, certifying that the Order issued by this Court dated July 4, 2013,
together with a copy of the petition and annexes, was furnished to the
government offices relative to the above-entitled case; that he executed
a Judicial Affidavit (Exhibit “I”) in connection with this case; that his
marriage with Julie T. Alegre was already declared void as evidence by
the Decision dated February 20, 2009 (Exhibit “J”) issued by the Regional
Trial Court of Quezon City, Branch 86; that after the declaration of the
nullity of their marriage, the petitioner and Ms. Julie Tantongco executed
an Agreement (Exhibit “K”) concerning the subject property whereby
they agreed that the subject condominium unit pertains to the petitioner;
that the petitioner fully satisfied the terms of the agreement by paying
what was agreed upon in the Agreement by executing the Deed of
Assignment of Rights (Exhibit “L”) to prove that petitioner is the owner of
the condominium unit and to prove his legal interest in instituting this
petition.

After the termination of the testimony of the petitioner, Armando

C. Alegre, another witness was presented in the name of Mark Anthony
Martin I. Nocum. He executed and identified his Judicial Affidavit dated
August 5, 2013 (Exhibit “M”); he testified that he is a legal assistant of
the law office of the p etitioner’s counsel; that in connection with this
case and as part of his duties and responsibilities as a legal assistant, he
mailed the letter of Inquiry of Atty. Dennis V. Niño as instructed by the
petitioner, Mr. Armando C. Alegre, to the petitioner’s former wife, Julie
T. Alegre; that he went to the Registry of Deeds of Quezon City to
 3

register the Affidavit of Loss executed by Mr. Armando C. Alegre; that he

requested and secured a certified true copy of Condominium Certificate
of Title No. N-17463 with annotation of the said Affidavit and Certificate
of Existence issued by the Registry of Deeds of Quezon City.

The Court finds that the documents presented, supported by parole

evidence, are sufficient to warrant the issuance of a second owner’s
duplicate copy of Condominium Certificate of Title No. N-17463 of the
Registry of Deeds of Quezon City in the name of Armando C. Alegre. The
petitioner, being the registered owner of the property, has interest
thereon and the subject transfer of title was in force at the time the
owner’s duplicate copy thereof was lost.

WHEREFORE, premises considered, the petition is hereby GRANTED.

The Registry of Deeds of Quezon City is hereby ordered to issue another
owner’s duplicate copy of Condominium Certificate of Title No.
N-17463, which shall contain a memorandum of fact that it was issued in
place of the lost certificate, but shall in all respect be entitled to like
faith and credit as the original duplicates and shall thereafter be
regarded as such for all purposes under P.D. 1529.

Furnish the petitioner, his counsel, and the Registry of Deeds of

Quezon City with a copy of this Decision.

SO ORDERED.

Quezon City, Philippines, October 16, 2013.

JOSE G. PANEDA
Judge
JGP/rcdm

Copy furnished:

ATTY. DENNIS V. NIÑO

Unit 31 J, The Capital Towers
222 E. Rodriguez Street, Avenue, Quezon City

ARMANDO C. ALEGRE
Unit 6008, Crown 88,
#88 Panay Avenue, South Triangle
Quezon City

REGISTRY OF DEEDS OF QUEZON CITY