REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL REGION
BRANCH __, MANILA

In Re: PETITION FOR JUDICIAL

RECONSTITUTION AND ISSUANCE
OF LOST ORIGINAL OWNER’S
DUPLICATE COPY OF TRANSFER
CERTIFICATE OF TITLE NO. 67890
ISSUED BY THE REGISTER OF DEEDS
OF MANILA
LRC Case No. _______

JOHN PANGANBIAN,
Petitioner

PETITION

PETITIONER, through the undersigned counsel, most

respectfully states:

THE PARTIES

1. Petitioner JOHN PANGANBIAN is of legal age, Filipino, and a

resident of 319 Valencia St., Sampaloc, Manila where he may be
served with court notices, processes, orders, and resolutions.

2. Respondent REGISTER OF DEEDS FOR THE CITY OF

MANILA is being impleaded as a necessary party holding
office at the Manila City Hall, Padre Faura, Manila where
summons and other processes of this Honorable Court may be
served.

FACTS OF THE CASE

3. Petitioner is the registered owner of a parcel of land located at

123 Acasia St., Sampaloc, Manila, registered in the Register of
Deeds for the City of Manila under Transfer Certificate of Title
 (TCT) No. 67890, free of any encumbrance, particularly
bounded and described as follows:

“A Parcel of land (Lot 12345-G-5 of the subdivision plan (LRC)

Pad-457890, being a portion of Lot 45678-P (LRC) Pad 78679,
situated at 123 Acasia St., Sampaloc, Manila, Bounded on the
NE points 5 to 6 by Lot 78993-Y-9 of the subdivision plan, on
the SE points 7 to 8 by Lot 56783 by Sequioa Road, on the SW
Points 9-10 by Mahogany Road. Beginning at a point marked
“3” on plan being N 8 degrees 17 E. 678.00m from LM No. 9,
thence S 56 degrees 78 W. 56.00m to point 6; thence N 34
degrees 36 W. 79.3m to point 6; thence 27 degrees.”

Attached hereto and marked as ANNEX “A” is a certified

copy of the Transfer Certificate of Title No. 67890.

4. Sometime in May 2022, petitioner wanted to sell the subject

property, thus he started looking for the Owner’s Duplicate
Copy of the TCT. However, despite all efforts exerted, he failed
to find the same.

5. On 12 July 2022, petitioner caused the annotation of an

Affidavit of Loss at the back of the Registry of Deeds’ original
copy of the TCT as Encumbrance No. 000087654.

The said annotation is sub-annexed as ANNEX “A-1”,

while a certified copy of the Affidavit of Loss that was
filed with the Register of Deeds for the City of Manila is
attached as ANNEX “B”.

6. The original copy of TCT No. 67890 is existing, intact, and is

with respondent Register of Deeds for the City of Manila, as
evidenced by ANNEX “A”, which is a certified copy of the said
title in respondent’s registry, issued by respondent.

CAUSE OF ACTION

7. Petitioner anchors his cause of action in Section 109 of

Presidential Decree (P.D.) No. 1529, otherwise known as the
Property Registration Decree, to wit:

“Section 109. Notice and replacement of lost duplicate

certificate. In case of loss or theft of an owner's duplicate
 certificate of title, due notice under oath shall be sent by
the owner or by someone in his behalf to the Register of
Deeds of the province or city where the land lies as soon
as the loss or theft is discovered. If a duplicate certificate
is lost or destroyed, or cannot be produced by a person
applying for the entry of a new certificate to him or for
the registration of any instrument, a sworn statement of
the fact of such loss or destruction may be filed by the
registered owner or other person in interest and
registered.

Upon the petition of the registered owner or other person

in interest, the court may, after notice and due hearing,
direct the issuance of a new duplicate certificate, which
shall contain a memorandum of the fact that it is issued in
place of the lost duplicate certificate, but shall in all
respects be entitled to like faith and credit as the original
duplicate, and shall thereafter be regarded as such for all
purposes of this decree.”

8. Petitioner is the registered owner of the parcel of land covered

by TCT No. 67890 as shown by records of the Register of Deeds,
Manila (ANNEX “A”). The existence and intactness of his
certificate of title over the subject property had been attested by
the said office when it issued a certified copy thereof (ANNEX
“A”).

9. In compliance with paragraph 1, Section 109 of P.D. No. 1529,

petitioner has already given due course to the Registry of
Deeds, Manila that his Owner’s Duplicate Copy of the TCT is
lost (ANNEX “B”). The Affidavit of Loss has been annotated at
the back of the title (ANNEX “A-1”).

10.The mirror doctrine provides that every person dealing with

registered land may safely rely on the correctness of the
certificate of title issued therefor.1

11.In view of the foregoing facts and under the mirror doctrine,
petitioner has a cause of action to file this Petition.

1
Dy v. Aldea, G.R. No. 219500, August 9, 2017.
 PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed in this Honorable Court that, after proper proceedings,
judgment be rendered in favor of the petitioner ordering respondent
Register of Deeds for the City of Manila to issue a new Owner’s
Duplicate Copy of TCT No. 67890 in the name of petitioner in lieu of
the lost one.

Other reliefs just and equitable under the circumstances are

likewise prayed for.

City of Manila, 30 May 2023.

Leslie Jalandoni
ATTY. LESLIE JALANDONI
Counsel for Petitioner
1234 Laon Laan, Zone 56, Sampaloc, Manila
Roll of Attorneys No. 48765
PTR No. 987456; 01/16/2023; City of Manila
IBP Lifetime Member No. 09876; 1/16/2020; City of Manila
MCLE Compliance No. VII-0034576 issued on 1/13/2022
Mobile No. +63 909 123 3456
Email: lesley.ilagan.law@gmail.com
REPUBLIC OF THE PHILIPPINES )
CITY OF MANILA ) S.S.
x------------------------------------------------------x

VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING

I, JOHN PANGANBIAN, of legal age, Filipino, and a resident

of 319 Valencia St., Sampaloc, Manila, after having been sworn in
accordance with law, hereby state:

1. I have caused the preparation and filing of the foregoing

petition.

2. I have read the contents of the foregoing petition and I attest

that the contents of the same are true and correct of my own
knowledge and on the basis of authentic documents 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 in the petition have evidentiary support

or, if specifically so identified, will likewise have evidentiary
support after a reasonable opportunity for discovery.

5. I have not commenced any action or filed any claim involving

the same or related issues in any court, tribunal, or
quasi-judicial agency and, to the best of my knowledge, no such
other action or claim is pending therein.

6. If I should hereafter learn that the same or similar

complaint-affidavit has been filed in any court, tribunal, or
quasi-judicial agency, I undertake to promptly inform this
Honorable Court of such fact within five (5) calendar days from
such notice.

IN WITNESS WHEREOF, I have hereunto set my hand this

th
30 day of May, 2023 in the City of Manila, Philippines.
 JOHN PANGANBIAN
JOHN PANGANBIAN
Affiant

SUBSCRIBED AND SWORN to before me, a Notary Public,

this 30th day of May, 2023 in the City of Manila, Philippines. Affiant
exhibited to me his Philippine Passport with control no. D458886Y
which is valid until 5 December 2027.

Julio Ardiente
JULIO ARDIENTE
Notary Public for Manila
Appointment No. 897 until 31 December 2023
H Commercial Building, España Blvd., Sampaloc, Manila
Roll of Attorneys No. 12345
PTR No. 987678 / Manila / 02 January 2023
IBP Lifetime Member No. 34578 / Manila / 04 December 2022
MCLE Compliance No. VII-98797 / Manila / 08 December 2022

Doc. No. 3;
Page No. 3;
Book No. 1;
Series of 2023.
 REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL REGION
BRANCH __, MANILA

In Re: PETITION FOR JUDICIAL

RECONSTITUTION AND ISSUANCE
OF LOST ORIGINAL OWNER’S
DUPLICATE COPY OF TRANSFER
CERTIFICATE OF TITLE NO. 67890
ISSUED BY THE REGISTER OF DEEDS
OF MANILA
LRC Case No. _______

JOHN PANGANBIAN,
Petitioner

JUDICIAL AFFIDAVIT OF JOHN PANGANBIAN

Witness:
JOHN PANGANBIAN, of legal age, Filipino, and a resident of 319
Valencia St., Sampaloc, Manila.

Examining Lawyer:
ATTY. LESLIE JALANDONI
Counsel for Petitioner

Place of Examination:
1234 Laon Laan, Zone 56, Sampaloc, Manila

OFFER OF TESTIMONY

This judicial affidavit of JOHN PANGANBIAN is being offered

to prove the material allegations of this Petition:

1. He is the registered owner of the parcel of land located at 123

Acasia St., Sampaloc, Manila under Transfer Certificate of Title
(TCT) No. 67890.
2. Petitioner failed to find the Owner’s Duplicate Copy of the TCT
despite all efforts exerted to locate the same.
3. He executed an Affidavit of Loss of the said owner’s duplicate
copy of the TCT and the same was registered with the Registry
 of Deeds of Manila and annotated in said office’s original copy
of the TCT.
4. The original copy of TCT No. 67890 is existing, intact, and is
with respondent Register of Deeds for the City of Manila.

DIRECT EXAMINATION PROPER

I, JOHN PANGANBIAN, of legal age, Filipino, and a resident of

319 Valencia St., Sampaloc, Manila, after having been duly sworn to
in accordance with law, hereby states that:

I am answering the questions propounded by the counsel, Atty.

Lesley Jalandoni, fully conscious, that I am under oath, and that I
may face criminal liability for false testimony or perjury;

This judicial affidavit is written in English, a language known

and understood by me, and the examination and execution thereof
were done at 1234 Laon Laan, Zone 56, Sampaloc, Manila; and

This judicial affidavit shall serve as my direct testimony in this

case.

1. Q: Do you swear to tell the truth and nothing but the truth?
A: I do.

2. Q: Are you aware that you may face criminal liability for false
testimony or perjury if you will not tell the truth?
A: I am.

3. Q: Please state your name and other personal circumstances.

A: I am John Panganbian, of legal age, Filipino, and a resident
of 819 Valencia St., Sampaloc, Manila.

4. Q: Why did you cause the filing and preparation of this

Petition?
A: Because the owner’s duplicate of Transfer Certificate of Title
(TCT) No. 67890 covering a 150-square-meter parcel of land I
own was lost.

5. Q: If a copy of Transfer Certificate of Title (TCT) No. 67890 is

shown to you, would you be able to identify it?
 A: Yes.

6. Q: I am showing you a certified copy of TCT No. 67890 attached

to the Petition and herein referred to as Annex “A”. Is this the
certified copy of TCT No. 67890?
A: Yes.

7. Q: Where did you get this certified copy of TCT No. 67890, if
you know?
A: From the Registry of Deeds of Manila. I requested said office
for a copy of the said title. That is the copy that they gave me.

8. Q: You said that the owner’s duplicate of TCT No. 67890 was
lost. Do you have proof that it was indeed lost?
A: Yes.

9. Q: What proof do you have that the owner’s duplicate of TCT

No. 67890 was indeed lost?
A: On 15 June 2022, I executed an Affidavit of Loss attesting to
the loss of the owner’s duplicate of TCT No. 67890.

10.Q: I am showing to you this document attached in this Petition

as Annex “B”. Do you know about this document, if any?
A: Yes. That is the affidavit of loss I executed attesting to the
loss of the owner’s duplicate of TCT No. 67890.

11.Q: Kindly look over this affidavit of loss. There is a signature

above the printed name JOHN PANGANBIAN. Can you tell
me whose signature is this?
A: That is my signature.

12.Q: What did you do with this affidavit of loss, if any?

A: I submitted and registered it with the Register of Deeds of
Manila on 12 July 2022.

13.Q: You said that this affidavit was registered with the Register
of Deeds of Manila. Do you have proof that it was indeed
registered?
A: Yes.
 14.Q: What is your proof that the affidavit of loss was indeed
registered?
A: There is a stamp marked in the said affidavit that it was
registered with the Register of Deeds of Manila. Such fact was
annotated in the said office’s copy of TCT No. 67890.

15.Q: This is an entry marked as Annex “A-1” in this Petition. Do

you know about this entry, if any?
A: Yes. It is annotated with the title in the Registry of Deeds of
Manila.

16.Q: How sure are you of the loss of the owner’s duplicate of TCT
No. 67890?
A: 100% sure. I have looked everywhere but still said owner’s
duplicate has not been found. Diligent efforts were exerted to
find the same but to no avail.

Nothing follows.

City of Manila, 30 May 2023.

JOHN PANGANBIAN
JOHN PANGANBIAN
Affiant

SUBSCRIBED AND SWORN to before me, a Notary Public,

this 30th day of May, 2023 in the City of Manila, Philippines. Affiant
exhibited to me his Philippine Passport with control no. D458886Y
which is valid until 5 December 2027.

Julio Ardiente
JULIO ARDIENTE
Notary Public for Pasig City
Appointment No. 897 until 31 December 2023
H Commercial Building, Panay Ave., Pasig City
Roll of Attorneys No. 12345
PTR No. 987678 / Pasig City / 02 January 2023
IBP Lifetime Member No. 34578 / Pasig City / 04 December 2022
MCLE Compliance No. VII-98797 / Pasig City / 08 December 2022
 ATTESTATION

I, ATTY. LESLEY JALANDONI, single, Filipino, of legal age,

with office address at 1234 Laon Laan, Zone 56, Sampaloc, Manila,
hereby state, under oath, that I faithfully recorded the questions I
asked and the corresponding answers that the affiant gave and that
neither I nor any other person present or assisting me has coached
the affiant regarding the latter’s statement.

IN WITNESS THEREOF, I have hereunto set my hand this 30th

day of May, 2023 in Manila, Philippines.

Leslie Jalandoni
ATTY. LESLEY JALANDONI
Affiant

SUBSCRIBED AND SWORN to before me this 30th day of

May, 2023 in Manila, affiant exhibiting to me her Driver’s License No.
H-45-56-12345 valid until June 7, 2025.

Julio Ardiente
JULIO ARDIENTE
Notary Public for Pasig City
Appointment No. 897 until 31 December 2023
H Commercial Building, Panay Ave., Pasig City
Roll of Attorneys No. 12345
PTR No. 987678 / Pasig City / 02 January 2023
IBP Lifetime Member No. 34578 / Pasig City / 04 December 2022
MCLE Compliance No. VII-98797 / Pasig City / 08 December 2022

Doc. No. 1;
Page No. 1;
Book No. 1;
Series of 2023.