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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


8th Judicial Region, Branch 39
Sogod, Southern Leyte

JOSE D. CATARMAN, SR. Land Registration Case No. ______


Petitioner-Applicant

FOR: APPLICATION FOR ORIGINAL


LAND REGISTRATION OF
SURVEY LOT NO. 2239,
LOCATED AT BRGY.
SAMPONGON, BONTOC,
SOUTHERN LEYTE

SOGOD, SOUTHERN LEYTE


X--------------------------------------------X

PETITION

PETITIONER-APPLICANT, through counsel hereby respectfully applies to have


the land hereinafter described brought under the operation of the Land Registration
Act (Act 496) and the Property Registration Decree (P.D. No.1529), and as amended by
Republic Act 11573, and to have the title thereto registered and confirmed:

1. That the petitioner-applicant is the owner of the land by virtue of possession


in accordance with Section 14 (1) of PD 1529, as amended by RA 11573 or
“those who by themselves or through their predecessors-in-interest have
been in open, continuous, exclusive and notorious possession and
occupation of alienable and disposable lands of the public domain not
covered by existing certificates of title or patents under a bona fide claim of
ownership for at least twenty (20) years immediately preceding the filing of
the application for confirmation of title except when prevented by war
or force majeure.” The said land designated with Survey Lot No. 2239 located
Barangay Sampongon, Municipality of Bontoc, Province of Southern Leyte,
and is situated, bounded and described as follows:

“A parcel of land in the name of Jose D. Catarman, Sr. with Lot No. 2239,
located at Brgy. Sampongon, Bontoc, Southern Leyte containing an area of
Seven Thousand Four Hundred Sixty-One (7,461) square meters and
bounded on the North by Lot 2248, South by Lot 2311, East by Lot 2238 and
West by Lot 2240.”

Certified true copy of technical description of the land and copy of cadastral
map issued by DENR-CENRO Maasin, Southern Leyte are hereto attached as
Annexes “A-1” and “A-2”;

2. That the said parcel of land is assessed for taxation purposes for the current
year in the amount of PhP 8,830.00, Philippine currency. A machine copy of
Tax Declaration No. 07-02-0032-00310, which covers Lot 2239 is attached and
made an integral part of this application as Annex “B-1”.;

3. That the petitioner applicant has been religiously paying the real property
taxes of the land from year 2000 to present as evidenced by official receipts of
payments and tax clearance certificate issued by the Municipal Treasurer of
Bontoc. Copy of tax clearance certificate is hereto attached as Annex “B-2);

4. That to the best of the knowledge and belief of the petitioner-applicant, there
is no mortgage or encumbrance of any kind whatsoever affecting said land,
nor any other person having any interest therein, legal or equitable, in
possession, remainder, reversion or expectancy;

5. That the petitioner-applicant has acquired said land in the following manner:

4.1. The applicant acquired the subject property from CLIMACO GALDO
by virtue of a Deed of Sale dated February 13, 2000. A copy of the said
Deed of Sale is hereto attached as Annex “C”.

4.2. CLIMACO GALDO acquired the subject property by sale from ODON
TIMKANG on December 21, 1988. A copy of the Deed of Sale evidencing
the said transaction is hereto attached as Annex “D-1”;

4.3. ODON TIMKANG acquired the subject property by sale from


ROLANDO AGUIRRE on June 3, 1980. A copy of the Deed of Sale
evidencing the said transaction is hereto attached as Annex “D-2”;

6. That the petitioner-applicant has been in open, continuous, exclusive and


notorious possession of the land after he has acquired it from the previous
owner;

7. That the subject land has no actual occupants and is in fact possessed and
occupied by herein applicant;

8. That the petitioner applicant has introduced improvements to the property


such as the cyclone fence covering the perimeter as well as various fruit trees
planted in the land. Photos of improvements are hereto attached as Annex
“E”;

9. That the names in full and address, as far as known to the undersigned, of the
owners of all adjoining properties, are as follows: South by lot owned by
Pastora Dotarot with address at Sampongon, Bontoc; North by lot owned by
Rosa Abande with address at Poblacion, Bontoc; East by lot owned by
Agustin Pomento with address at Buenavista, Bontoc; and West by lot owned
by Nemesio Espere with address at Sampongon, Bontoc;

10. That all afore-mentioned adjoining owners executed an affidavit stating their
knowledge of the possession and ownership of the petitioner-applicant. Said
affidavit of adjoining owners is hereto attached as Annex “F”;

11. That the said parcel of land is the property of the applicant and is not
bounded by any road or street;

12. That the land is an unapplied or unregistered land and classified as alienable
and disposable agricultural land as certified by DENR-CENRO Maasin
Office. Original copy of certification issued by DENR-CENRO Maasin is
hereto attached as Annex “G”;

13. That the applicant is a widower;


14. That the applicant’s full name, age, citizenship, residence and postal address
are as follows: Jose D. Catarman, Sr., 62 years old, Filipino, residing at Brgy.
Poblacion, Bontoc, Southern Leyte;

15. That the following documents are attached and hereto made an integral part
of this application:

a. Technical description of Lot No. 2239 (attached as Annex “A-1”)


b. Copy of Cadastral Map (Annex “A-2”)
c. Certified True Copy of Tax Declaration from the Municipal Assessor’s Office
(Annex B-1)
d. Tax Clearance Certificate issued by the Municipal Treasurer of Bontoc,
Southern Leyte (Annex B-2)
e. Copy of Deed of Sale between Petitioner-Applicant and Previous Owner
(Annex C)
f. Copies of Deed of Sale of Previous Owners (Annex D-1, D-2)
g. Photos of Improvements (Annex E)
h. Affidavit of Adjoining Owners (Annex F)
i. Certification from the Department of Environment and Natural Resources –
Community Environment and Natural Resources Office that Lot 2239 is an
Unregistered Land under Alienable and Disposable Lands (Annex G)
j. Relocation Survey/Sketch Plan, as certified by a Licensed Geodetic Engineer
(Annex H)
k. Court Clearance issued by the Office of the Clerk of Court of the Regional
Trial Court and Municipal Trial Court (Annex I)
PRAYER

WHEREFORE, the petitioner-applicant prays this Honorable Court for


ISSUANCE OF DECREE OF REGISTRATION OF LOT NO. 2239, Cadastre 742-D and to
ORDER and DIRECT the Office of the Register of Deeds of Maasin, Southern Leyte to
register and issue an Original Certificate of Title in favor of Jose D. Catarman, Sr.
covering Survey Lot No. 2239 located at Brgy. Sampongon, Bontoc, Southern Leyte
containing an area of Seven Thousand Four Hundred Sixty-One (7,461) square meters, in
accordance with its technical description.

The applicant further prays for such other reliefs and remedies as may be
consistent with law, justice and equity.

Sogod, Southern Leyte, 23 May 2023.

KATRINA M. OBEJERA
Counsel for the Petitioner
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, JOSE D. CATARMAN, SR. under oath, depose and state that -

1. I am the petitioner-applicant in the above-entitled petition;

2. I have caused the preparation of the foregoing petition, the allegations of


which are true and correct of my personal knowledge and based on the
authentic records in my possession;

3. The petition is not filed to harass, cause unnecessary delay, or needlessly


increase the cost of litigation;

4. The factual allegations therein have evidentiary support or, if specifically so


identified, will likewise have evidentiary support after a reasonable opportunity
for discovery;

5. I further certify that I have not commenced any action or filed any claim
involving the same issue/s in any court, tribunal, or quasi-judicial agency, and
to the best of my knowledge, no such action or claim is pending therein;

6. If I should thereafter learn that the same or similar action or claim has been
filed or pending, we shall report that fact within five (5) days therefrom to the
court wherein my aforesaid or initiatory pleading has been filed.

IN WITNESS WHEREOF, I have hereunto my hand this 23rd day of May 2023 at
Tacloban City.

JOSE D. CATARMAN, SR.


Affiant

SUBSCRIBED AND SWORN to before me this 23rd day of May in Sogod,


Southern Leyte affiant exhibiting to me his OSCA ID No. 002113, issued by LGU
Bontoc, Southern Leyte.

NOTARY PUBLIC

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