REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

4th Judicial Region
Branch 812
Bulwagan ng Katarungan
Pallocan West, Batangas City

IN RE: FOR ISSUANCE OF

NEW OWNER’S DUPLICATE
COPY OF TRANSFER
CERTIFICATE OF TITLE NO.
T-12345 OF THE REGISTRY
OF DEEDS OF BATANGAS
CITY, BATANGAS
PETITION NO. _______________

KULASA DE LA CRUZ
Petitioner.

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PETITION

COMES NOW, the Petitioner, KULASA DE LA CRUZ, by and

through the undersigned counsel and unto this Honorable Court,
respectfully alleges that:

1. The Petitioner is of legal age, Filipino, married and a resident of

22 Sabang, Lipa City;

2. The Petitioner is the DONEE of a parcel of land together with

the improvements therein, as evidenced by Deed of Donation
(attached herein as ANNEX “A” and made an integral part
hereof) executed by his mother, Matilda Santos, herein referred as
DONOR. The Deed of Donation was docketed as Doc. No. 1, Page
No. 2, Book No. X, Series of 2020, in the Notarial Register of
Notary Public Atty. Jose Ilagan(attached herein as ANNEX “B”
and made an integral part hereof) ;

3. The land donated to DONEE is identified by Certified True Copy

of Transfer Certificate of Title (TCT) No. T-12345 dated November
5, 2021(attached herein as ANNEX “C” and made an integral part
hereof), located in the Municipality of San Jose, Province of
Batangas, with an area of FOUR THOUSAND NINE HUNDRED
AND SIXTY-EIGHT (4,968) SQUARE METERS, more or less,
which parcel of land is particularly described as follows:

Transfer Certificate of Title No. T-12345

“ A parcel of land [ Lot 8576’Batangas Cadastre’ (LRC) SW-9651’
Cad. Rec. Bk. 61) situated in the Municipality of SanJose, Island of
Luzon. Bounded on the NE., points 7 to 1 by Lot 8575, Batangas
Cadastre, and points 1 to 2, by Lot 8569, Batangas Cadastre; on
the SE.  points 2 to 3 by Lot 8569, Batangas Cadastre; on the SW.
points 3 to 5 by creek; on the NW., points 5 to 7, by Lot 8577,
Batangas Cadastre. Beginning at a point marked “1 on the plan
being N. 61 deg. 17’ E., 778.16 m from BBM 62, Lipa Cadastre;
THENCE S. 18 deg.01’ E., 27.62 m. to point 2 ; S. 64. deg. 05’ W.,
56.66 m to point 3; N. 48 deg. 49’ W., 36.70 m to point 4; N. 48 
deg  58’ W., 30.00 m to point 5; N. 54 deg. 56’ E., 3.50 m. to
point 6; N. 54 deg. 57’ E., 60.13 m. to point 7; S. 30 deg. 35’ E.,
47.63 m. to the point of beginning; containing an area of FOUR
THOUSAND NINE HUNDRED AND SIXTY EIGHT (4, 968) SQUARE
METERS, more or less.”

4. The Petitioner usually kept the copies of the above-mentioned

Transfer Certificate of Title in her possession, and together with all
important documents of the Petitioner;

5. The Petitioner was on the process of transferring to her name

the certificate of title when she discovered that the Owner’s
Duplicate of the Transfer Certificate of Title No. T-12345 which
was delivered by DONOR is missing from her personal documents
and records;

6. The Petitioner exerted earnest and utmost efforts to locate the

Owner’s Duplicate of the Transfer Certificate of Title No. T-12345,
but it proved futile and she considered the same lost already;

7. Subsequently, Petitioner executed an AFFIDAVIT OF LOSS

dated August 20, 2021 (attached herein as ANNEX “D” and made
an integral part hereof) which was registered before the Registry
of Deeds for the Province of Batangas and the same was
annotated in the Memorandum of Encumbrances dated November
5, 2021(attached herein as ANNEX “E” and made an integral part
hereof) ;

8. Said property covered by the transfer certificate of title is free

from any and all liens and encumbrances, whatsoever, to any
person, entity, or banking institution in the Philippines. Said
owner’s duplicate copy of the subject title has not been
subsequently delivered to any person or entity to secure the
payment or performance of any obligation whatsoever, nor any
transaction or document relating to the same is pending
registration before the Registry of Deeds of Batangas.

9. The original copy of the said certificate of title is still in good

condition/intact as evidenced by Certificate of Intactness dated
November 5, 2021 (attached herein as ANNEX “F” and made an
integral part hereof) which may be found at the Registry of Deeds,
Batangas, and could be made the basis for the issuance of lost
owner’s duplicate copy of TCT No. T-12345;

10. That the subject real property is covered by Tax Declaration

No. 16-0008-00016 issued by Office of Municipal Assessor of San
Jose (attached herein as ANNEX “G” and made an integral part
hereof) and Property Identification No. 21-0001-1122(attached
herein as ANNEX “H” and made an integral part hereof);

11. That real property tax for year 2022 of the said property has
been paid as evidenced by the Tax Clearance issued by Office of
Municipal Treasurer of San Jose (attached herein as ANNEX “I”
and made an integral part hereof) ;

12. The boundaries, names and addresses of the adjoining owners

are evidenced by a Certification issued by Municipal Assessor of
San Jose(attached herein as ANNEX “J” and made an integral
part hereof) of above-mentioned property, herein described are as
follows:

NORTH: ALN-030 ANSELMO DE VERA

Poblacion, Mataas na Kahoy
SOUTH: ALN-036 PEDRO DE LEON
Calansayan, San Jose
 EAST: ALN-036 PEDRO DE LEON
Calansayan, San Jose
WEST: ALN-028 MARIA LESCANO
Banay-Banay, San Jose

13. And lastly, Petitioner desires that a second owner’s duplicate

copy of TCT No. T-12345 be issued in replacement of the lost one.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed of

the Honorable Court:

1. Declaring the owner’s duplicate copy of the Transfer

Certificate of Title No. T-12345 that has been lost as null and void;
and

2. That after due notice and hearing, a decision be rendered by

this Honorable Court directing the Registry of Deeds of Batangas
to cause the issuance of a New Owner’s Duplicate Copy of TCT No.
T-12345 with like faith and integrity as the lost certificate of title
for all legal intents and purposes.

Other reliefs just and equitable are likewise prayed for.

Batangas City, Batangas. ___________.

ATTY. ALYSSA M. SARMIENTO

Counsel for Petitioner
Roll of Attorney No. 09151998
IBP No. 15109333 September 15, 2022 Batangas City
PTR No. 15109333 September 15, 2022 Batangas City
Kumintang Ibaba, Batangas City
Contact No. 09668001268
Sarmientoalyssa15@gmail.com