Republic of the Philippines

DEPARTMENT OF AGRARIAN REFORM

ADJUDICATION BOARD
IN RE: PETITION FOR(MIMAROPA)
Region IV-B RE-
ISSUANCE OF SECOND OWNER’S
Office of the Provincial Adjudicator
DUPLICATE CERTIFICATE OF
Tanza, Boac,
TITLE OCT/CLOA NO. Marinduque
18018
(CLOA NO. 00160384) IN THE
NAME OF ASUNCION JANDA

DELIO S. JANDA, JR.,

Petitioner,
DCN-R-0404-0007 to 0007-A-23
-versus-

THE PROVINCIAL AGRARIAN

REFORM PROGRAM OFFICER OF
MARINDUQUE AND THE
REGISTER OF DEEDS OF
MARINDUQUE,
Public Respondents.
x-----------------------------------------------x

AMENDED PETITION

Petitioner, in the above-entitled case before this Honorable

Adjudicator, respectfully states:

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

Barangay Daykitin, Buenavista, Marinduque, where she may be
served with notices and other processes of the Honorable
Adjudicator.

2. Public Respondent Provincial Agrarian Reform Program Officer

of Marinduque is being impleaded as a nominal party, being the
public officer representing the Department of Agrarian Reform or
the “DAR” and responsible for overseeing the overall
implementation of the Comprehensive Agrarian Reform Program,
or “CARP,” under Republic Act No. 6657, as amended, and
distribution of Certificates of Land Ownership Award, or
“CLOAs,” Emancipation Patents, or “EPs,” and other titles issued
under any other agrarian reform law, with office address at DAR
Provincial Office, Tanza, Boac, Marinduque where it may be served
with summons, notices, orders, and other processes of the
Honorable Adjudicator.

3. Public Respondent Register of Deeds of Marinduque is likewise

impleaded as nominal party being the government entity charged
with the registration and custody of all deeds affecting registered
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or titled property with office address at the Provincial Capital
Compound, Santol, Boac, Marinduque, where it may be served
with summons, notices, orders, and other processes of the
Honorable Adjudicator.

4. That petitioner is representing Heirs of Asuncion Janda, by

virtue of a Special power of Attorney (SPA) notarized by Atty.
Virnalyn P. Ching, for the City of Marikina, with Doc. No. 203;
Pages No. 42; Book No. 22; Series of 2022, due to distance and
health protocols brought by Covid-19 to represent them in the
instant petition. Such Special Power of Attorney (SPA) is hereby to
attached as Annex ‘’A’’ to prove authority to represent;

5. That their grandparent was issued an Original Certificate of Title

(OCT) No. 18018 with Certificate of Land Ownership Award
(CLOA) No. 00160384 and registered with the Registry of Deeds of
Marinduque on January 18, 1999 for Cadastral Lot number 1555,
containing an area of Three Thousand Six Hundred Thirty Nine
(3,639 sqm.) square meters, situated in Barangay Daykitin,
Buenavista, Marinduque. An Electronic copy Of the said title is
hereby attached as ‘’Annex B’’;

6. That the awardee died on July 22, 2016 leaving the land covered
by the assailed title. That requires transfer of the estate among
heirs, Death certificate is here in attached as ‘’Annex A1’’;

7. That the petitioner was in possession and custody of the said

title and he used to keep such important document in a cabinet for
safekeeping;

8.. That during heavy rain and strong wind of a typhoon, sometime
ago, petitioner’s houses were destroyed and important documents
such as School Diplomas, birth certificates and land titles
including the here in assailed Owner’s Duplicate of the Title were
all lost and missing;

9. Petitioner executed an affidavit of loss stating the facts that

said the title was lost and missing after efforts were exerted to
finds such Owner’s Duplicate Copy, but it was proved futile and to
no avail. Such supporting affidavit is hereby attached as Annex
“C.”

10. The affidavit of loss was entered and inscribed at the back of
OCT No. 18018/ CLOA No. 00160384, which is hereto attached as
Annex “D.”

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 11..Petitioner is still the absolute owner of the subject land,
which has never been pledged, encumbered, or otherwise disposed,
in whole or in part, in favor of any person or entity.

12. The Register of Deeds of Marinduque issued a Certification

that OCT No. 18018 / CLOA No. 00160384 is still intact and on file
in their office, and that no other second owner’s duplicate
certificate of title was issued by their office, among others. The
Certification is hereto attached as Annex “E.”

13. This Petition is being filed as an exercise of the petitioner’s

rights and obligation as an agrarian reform beneficiary of the DAR
to hold and possess OCT No. 18018 / CLOA No. 00160384 the
owner’s duplicate copy of and in order to avail the support services
of the DAR available to farmer beneficiaries pursuant to Republic
Act No. 6657, as amended.

14 . In all, Petitioner prays that the Honorable Adjudicator order

the re-issuance of OCT No. 18018/ CLOA No. 00160384.

RELIEF

WHEREFORE, premises considered, petitioner DELIO S.

JANDA, JR., respectfully prays that this Honorable Adjudicator
GRANT the Petition for Re-Issuance of owner’s duplicate copy of
OCT No. 18018/ CLOA No. 00160384.

Other relief just and equitable under the premises are

likewise prayed for.

Boac, Marinduque, February 8, 2023.

DELIO S. JANDA, JR.,

VERIFICATION AND CERTIFICATION

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 I, DELIO S. JANDA, JR., of legal age, Filipino, and with
address at Brgy. Daykitin, Buenavista, Marinduque, on oath, hereby
depose and state:

1. I am the petitioner in the above-entitled case.

2. I caused the preparation and the filing of the same case

and I have read the allegations contained therein and known them
to be true and correct to my personal knowledge and based on
authentic documents.

3. The Amended 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 hereby certify to the truth of the following facts and

undertakings: a) I have not theretofore commenced any other action
involving the same issues in the Supreme Court, the Court of
Appeals or different divisions thereof, or any other tribunal or
agency; b) to the best of my knowledge, no such action or
proceeding is pending in said courts, division, tribunal, or agency;
and c) if I will learn that there is such an action or proceeding
which is either pending or may have been terminated, I will
promptly inform that fact within five (5) days therefrom to this
Honorable Adjudicator.

IN WITNES WHEREOF, I have hereunto affixed my

signature this ____________, 2023 at ________, Philippines.

DELIO S. JANDA, JR.,

Affiant

SUBSCRIBED AND SWORN to before me this _______, 2023,

affiant exhibiting to me her ________________ issued by
___________________________ on ____________ valid until
________________________.

Doc No. _____;

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

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