Republic of the Philippines

REGIONAL TRIAL COURT

Third Judicial Region
Branch ____
Tarlac City

IN RE: PETITION FOR ISSUANCE

OF SECOND OWNER’S
DUPLICATE COPY OF
TRANSFER CERTIFICATE OF
TITLE NO. 308037 REGISTERED
IN THE NAME OF CATALINO P.
RAMOS

MARILOU DULAY MALLARI

represented by her attorney-in-fact, LRC CASE NO. _____
MICHELLE MARIE M. GOMEZ
Petitioner,

- versus -

THE REGISTRY OF DEEDS FOR

THE PROVINCE OF TARLAC,
Respondent.
x---------------------------------------------x

PETITION

PETITIONER, through counsel, unto this Honorable Court,

most respectfully states that:

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

Tibag, Tarlac City. She is herein represented by her
attorney-in-fact, MICHELLE MARIE M. GOMEZ, of legal
age, Filipino citizen and a resident of Tibag, Tarlac City. A
copy of the Special Power of Attorney that petitioner has
executed in favor of Marilou Dulay Mallari is hereto
attached as Annex “A” and made an integral part hereof;

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2. Respondent Registrar of Deeds for the Province of Tarlac
being the repository of all deeds and titles of property. Its
official address is at Registry of Deeds Building, Tarlac
City, where they may be served with summons and other
processes of this Honorable Court;

3. The Subject Property is covered and described under

Transfer Certificate of Title No. 308037, of the Registry of
Deeds for the Province of Tarlac, still registered in the
name of Catalina P. Ramos. The Certified True Electronic
Copy and its Tax Declaration showing that Catalina P.
Ramos is the registered owner thereof, are hereto attached
as ANNEX “B” and ANNEX “C”, and made integral parts
hereof.

4. TCT No. 308037 contains an area of Three Hundred One

(301) square meters, more or less. The parcel of land
covered and described under the said Transfer Certificate
of Title is situated in Tibag, Tarlac City;

5. The original copy of TCT No. 308037 is existing and on file

in the Registry of Deeds of Tarlac as evidenced by the fact
that the petitioner was able to obtain the above-mentioned
certified true electronic copy of the said title at the Registry
of Deeds of Tarlac;

6. Petitioner bought the Subject Property from Catalina P.

Ramos by virtue of a Deed of Absolute Sale which is hereto
attached as ANNEX “D” and made an integral part hereof,
and upon full payment of the consideration, Catalina P.
Ramos turned over to herein petitioner the Owner’s
Duplicate Copy of TCT No. 308037;

7. As to the original owner’s duplicate copy of TCT N0.

308037, petitioner turned over and entrusted the same to
her attorney-in-fact in this case, Michelle Marie M. Gomez
then kept the owner’s duplicate copy and her other
personal belongings in an envelope, Recently, Michelle
Marie M. Gomez arrived to Registry of Deeds, City of

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 Tarlac for her to inquire with regard to the titling
transaction of the said subject property when she found out
that the envelope containing her personal together with the
original duplicate copy of the subject title was missing
while riding a public motorcycle, She immediately
searched for the said public motorcycle to check the
missing envelope but still found nothing. Thus, she
executed an Affidavit of Loss which is hereto attached as
Annex “E” and made an integral part hereof;

8. The original owner’s duplicate copy of TCT No. 308037 is

still in full force and effect at the time that it was lost;

9. The parcel of land involved in this petition is free from all

liens and encumbrances of any kind, and there is no deed
or instrument affecting the property which has been
presented or pending registration to this date in the
Registry of Deeds of Tarlac;

10. Also, the original owner’s duplicate copy of TCT No.

308037 was not given or delivered to anybody to secure the
payment of any obligation or undertaking;

11. The Real Property Tax on the parcel of land covered and
described under TCT No. 308037 has been paid up to the
current year as evidenced by Official Receipt issued by the
Office of the City Treasurer of Tarlac City which is hereto
attached as Annex “E” and made an integral hereof;

12. Petitioner’s attorney-in-fact, Michelle Marie M. Gomez, will

testify on the material allegations of this petition and that
the petitioner is entitled to the reliefs prayed for herein. She
has executed a Judicial Affidavit which hereto attached as
Annex “F” and made an integral part hereof.

PRAYER

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 WHEREFORE, premises considered, it is most respectfully
prayed unto this Honorable Court that after due notice and hearing,
an order be issued:

1. Declaring the owner’s duplicate copy of TCT No. 308037

previously issued as lost, null and void, and without any
legal effect whatsoever; and

2. Directing the Registry of Deeds for the Province of Tarlac

to register the second owner’s duplicate copy of TCT No.
308037 which will be issued.

Other reliefs just and equitable under the circumstances are

likewise prayed for.

Respectfully submitted,
Tarlac City, ______________ 2023.

ATTY. HANZ BENEDICT GAERLAN

Counsel for the Petitioner
Block 2, Champaca Street, Barangay San Vicente
2300 Tarlac City, Tarlac Province
Roll of Attorneys No. 77835
IBP receipt No. 234487; 18 July 2022; Tarlac
PTR no. 5223857; 19 September 2022; Tarlac City
MCLE 8th COMPLIANCE / Admitted to Bar May 11,
2022
ronilo.borjalaw@gmail.com

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Republic of the Philippines s.s.
Tarlac City

VERIFICATION AND CERTIFICATION

AGAINST FORUM SHOPPING

I, MICHELLE MARIE M. GOMEZ, of legal age, Filipino, and a

resident of Tibag Tarlac City, after having been duly sworn to in
accordance with law, depose and say:

1. I am the attorney-in-fact of the Petitioner in the above-

entitled case;

2. I have caused the preparation of the foregoing Petition;

3. I have read the foregoing Petition and the allegations stated

therein are true and correct based on my personal
knowledge, or based on authentic documents;

4. The Petition is not filed to harass, cause unnecessary delay

or needlessly increase the cost of litigation;

5. 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;

6. I have not commenced any action or filed any claim

involving the same 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;

7. Should I thereafter learn that the same or similar action or

claim has been filed or is pending, I undertake to report
such fact within five (5) calendar days therefrom to this
Honorable Court wherein this Petition has been filed.

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 In witness hereof, I have hereunto set my hand this __ day of
_____________ at Tarlac City.

MICHELLE MARIE M. GOMEZ

Affiant

Subscribed and sworn to before me this __ day of ___________

at Tarlac City. Affiant, whom I identified through her
__________________________ bearing her photograph and signature,
signed this document in my presence and avowed under penalty of
law to the whole truth of the contents of the foregoing document.

Doc. No. ________;

Page No.________;
Book No.________;
Series of 2023.

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