REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

First Judicial Region
BRANCH ___
La Trinidad, Benguet

IN RE: PETITION FOR ISSUANCE

OF NEW OWNER’S DUPLICATE
COPY OF CERTIFICATE OF TITLE
CERTIFICATE OF LAND
OWNERSHIP AWARD NO. 3061
IN LIEU OF THE LOST ONE

BENITO BAGUNAS,
Petitioner,

LRC CASE NO. __________

-versus-
For:
THE REGISTRY OF DEEDS FOR Issuance of New Owner’s
THE PROVINCE OF BENGUET, Duplicate Copy of Katibayan
Respondent. ng Orihinal na Titulo Certificate
of Land Ownership Reward-
3061

PETITION

Petitioner, through the undersigned counsel, and unto the Honorable

Court, respectfully avers that:

I.
THE PARTIES

1. The Petitioner is a Filipino citizen, of legal age, and residing at KB61,

Cyprs Alley, Samoyao Road, Cruz, La Trinidad, Benguet, where he may
be served with summons, notices and other court processes;

2. The Office of the Registry of Deeds for the Province of Benguet, being a
public repository of records of instruments affecting registered or
unregistered lands in the Province of Benguet, is impleaded as an
indispensable party-defendant. It holds office at the Registry of Deeds
Bldg., Justice Hall, Poblacion, La Trinidad, Benguet where it may be
served with Summons, Orders, and other Court processes;
 II.
FACTUAL ANTECEDENTS

3. Petitioner, Benito Bagunas, is the owner of a parcel of land containing

Six Thousand Nine Hundred (6,900) square meters located in Bayabas,
Sablan, Benguet covered by Katibayan ng Orihinal na Titulo CLOA-
3061 situated at Bayabas, Sablan, Benguet, and registered with the
Registry of Deeds for the Province of Benguet. The electronic copy of
Katibayan ng Orihinal na Titulo CLOA-3061 is hereto attached as
Annex “A” and made an integral part hereof, more particularly
described as;

“A parcel of land situated at Bayabas, Sablan, Province of

Benguet, Island of Luzon, bounded on the N., points 1-2 by Lot
14823, on the E., points 2-3 by Lot 14824, on the S., points 3-4
by Lot 14821, on the W., points 4-1 by creek, all by Cad.539-D,
Sablan.

- xxx -

Containing an area of SIX THOUSAND NINE HUNDRED (6,900)

square meters more or less.”

4. Years after the issuance of the owner’s duplicate copy of Katibayan ng

Orihinal na Titulo CLOA-3061 in favor of Marcio Abordo, the latter On
March 2, 2018, sold the subject property to Benito Bagunas herein
petitioner in this case, through a Deed of Absolute Sale of a Registered
Land. The deed of absolute sale is hereto attached as Annex “B” and
made an integral part thereof;

5. Upon completion of the sale, Marcial Abordo handed over the owner's
copy of Katibayan ng Orihinal na Titulo CLOA-3061 to Petitioner,
enabling the latter to initiate the process of transferring the property's
registration to his name;

6. Petitioner and Marcial Abordo also facilitated the annotation of the

Deed of Sale on the Original Certificate of Title with the Registry of
Deeds on March 4, 2018. The said annotation on the original copy of
Katibayan ng Orihinal na Titulo CLOA-3061 on file with the Registry of
Deeds for the Province of Benguet is further bracketed and sub-
marked as Annex “A-1”;

7. Subsequent to the transaction, Petitioner, intending to process the

 transfer of the title in his name, stored the said document in a cabinet
at his residence located at KB61, Cyprs Alley, Samoyao Road, Cruz, La
Trinidad, Benguet;

8. However, due to financial hardship at that time, Petitioner postponed

initiating the transfer process of the title to his name but retained the
document in the cabinet with the intent of future registration;

9. During this period, Petitioner took possession of the property and

introduced improvements, including the construction of a house and a
piggery. He practically occupied and utilized the land for these
purposes;

10. Sometime in March 2024, when the petitioner needed the

original copy of the owner’s duplicate copy of the said title to process
the transfer of the title to his name, he was surprised to find out that
the owner’s duplicate copy of Katibayan ng Orihinal na Titulo CLOA-
3061, together with some other important documents were missing
and is nowhere to be found;

11. The petitioner then for several times inquired from the members
of his family if they happen to see the said title or took the said title for
their own safe keeping, his wife even joined him in searching and
locating the certificate of title but their children answered in the
negative by claiming that they never saw or took the said title;

12. The petitioner has exerted all efforts and diligence to locate the
owner’s duplicate copy of Katibayan ng Orihinal na Titulo CLOA-3061,
but the search turned out in vain;

13. Though the petitioner is expectant that he will soon find or

recover the owner’s duplicate copy of the said title, he at present now
concludes and consider that the said title is deemed forever lost and
beyond recovery considering the span of time that has lapsed without
any chance of recovery;

III.
CAUSE OF ACTION

14. Petitioner anchors his cause of action under Section 109 of P.D.
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.”

15. Hence, on April 12, 2024, petitioner executed an “Affidavit of

Loss” specifically to report and declare the loss of the Owner’s
Duplicate Copy of Katibayan ng Orihinal na Titulo CLOA-3061 in
compliance with Paragraph 1 of Section 109, P.D. No. 1529. Copy of
the said Affidavit of Loss dated April 12, 2024 is hereto attached and
made an integral part hereof as Annex “C” and the proof of receipt or
the stamp of the Register of Deeds of Benguet on the affidavit of loss is
hereto attached as Annex “C-1”;

16. Subsequently, or on April 12, 2024, petitioner caused the

annotation of the Affidavit of Loss with the original copy of Katibayan
ng Orihinal na Titulo CLOA-3061 on file with the Registry of Deeds for
the Province of Benguet under Entry No. 2024000471. The said
annotation on the original copy of Katibayan ng Orihinal na Titulo
CLOA-3061 on file with the Registry of Deeds for the Province of
Benguet is further bracketed and sub-marked as Annex “A-2”;
17. The owner’s duplicate copy of Katibayan ng Orihinal na Titulo
CLOA-3061 was never been pledged or otherwise delivered to any
person or entity to guarantee any obligation or for any other purpose
and that said title is intact with the Office of the Registry of Deeds for
the Province of Benguet. It is herein Petitioner who is paying the annual
realty taxes;

18. There are no interests of any third persons over the said parcel
of land covered by the subject certificate of title that will be adversely
affected by the issuance of the new owner’s duplicate certificate of
title in lieu of the lost one;

19. In view of the foregoing, the owner’s duplicate copy of Katibayan

ng Orihinal na Titulo CLOA-3061 must be declared lost for all legal
intents and purposes and the petitioner has a cause of action to file
the instant petition.
IV.
WITNESSES AND EVIDENCE

20. Petitioner, in support of his petition, shall be presenting the following

witness and the summary of his intended testimony, to wit:
WITNESS/ES Purpose
Petitioner himself, Benito He will testify that he is the petitioner in the
Bagunas instant petition;

He will testify that he is the owner of that parcel

of land consisting of an area of Six Thousand
Nine Hundred(6,900) Square Meters covered by
Katibayan ng Orihinal na Titulo CLOA-3061 and
situated at Bayabas, Sablan, Benguet;

He will testify as to the transfer of the owner’s

duplicate copy of Katibayan ng Orihinal na Titulo
CLOA-3061 to him by Marcial Abordo through
an absolute deed of sale executed by them on
March 2, 2018.

He will testify on the fact of loss of the owner’s

duplicate copy of Katibayan ng Orihinal na Titulo
CLOA-3061.
 He will substantiate the material facts and
allegations in the Petition in support of his
prayer and claim;

He will identify several documents in support of

the allegations in the Petition.
Marcial Abordo He will testify that he sold the property to the
petitioner before the loss of the owner’s
duplicate copy in his name, Marcial Abordo;

He will testify that he has no more interest over

the subject property;

He will substantiate the material facts and

allegations in the Petition in support of the
petitioner’s prayer and claim;

He will identify several documents in support of

the allegations in the Petition.

The Judicial Affidavit of the petitioner, and the two witnesses are
appended to this petition as Appendix “A” and “B”;

21. The Petitioner will be presenting the following pieces of documentary

evidence, all attached herein, with their respective purposes in support
of the petition:

DOCUMENTARY PURPOSE
EVIDENCE

Exhibit “A” To prove that the hearing for this

Petition is set on May 2, 2024.
Notice of Hearing
Exhibit “B” To prove that the property under
Katibayan ng Orihinal na Titulo CLOA-
Electronic copy of the 3061 is on file and existing with the
Original Certificate of Title Register of Deeds of the province of
Benguet.
Certificate of Land
Ownership Award - 3061

Exhibit “C” To prove that the subject property is

owned by the petitioner, Benito
 DOCUMENTARY PURPOSE
EVIDENCE
Exhibit “A” To prove that the hearing for this
Petition is set on May 2, 2024.
Notice of Hearing
Bagunas, after Marcial Abordo and him
Deed of Absolute Sale executed a deed of absolute sale.

Exhibit “D” To prove that the owner’s duplicate

copy of Katibayan ng Orihinal na Titulo
Copy of Affidavit of Loss CLOA-3061 was lost and beyond
recovery despite the diligent efforts of the
petitioner.

Exhibit “E” To prove that the Affidavit of Loss was

annotated with the original copy of the
The annotation of the said title on file with the Registry of Deeds
Affidavit of Loss on the in compliance with Section 109 of P.D.
original copy of Katibayan ng No. 1529.
Orihinal na Titulo CLOA-
3061 on file with the Registry
of Deeds of the province of
Benguet with Entry No.
2024000471.

PRAYER

WHEREFORE, the foregoing premises considered, it is respectfully

prayed that, after due notice and hearing of this Honorable Court shall grant
this Petition and adjudge:

1. Declaring the owner’s duplicate Copy of Katibayan ng Orihinal na

Titulo CLOA-3061 lost and order the public respondent Register of
Deeds of Baguio City to replace and cause on record the owner’s
duplicate copy of Katibayan ng Orihinal na Titulo CLOA-3061 after
payment of the required fees;

2. Order the public Respondent Register of Deeds of Baguio City to issue

a new owner’s duplicate copy of Katibayan ng Orihinal na Titulo CLOA-
3061 in lieu of the lost one;
 Petitioner also prays for other remedies and reliefs that may be
obtaining under the above-premises based on equity and justice.

MOST RESPECTFULLY SUBMITTED. This 12th day of April 2024 in

La Trinidad, Benguet, Philippines.

By:

BERNADETTE MAE M. BADONGEN

Notary Public for Baguio City
Roll No. 72185; 7/25/2019; Manila
PTR No. 712856; 1/8/2024; Baguio City
IBP No. 991231; 1/3/2024; Baguio-Benguet
MCLE Compliance Certificate No. VIII - 060399; valid until 12/7/2024
copy furnished (by personal service)

(sgd.)
ATTY. JOHN B. FELIX
Registry of Deeds
Register of Deeds for the Province of Benguet
Registry of Deeds Bldg., Justice Hall, Poblacion, La Trinidad, Benguet

(sgd.)
ATTY. BENNY PATARAS.
Provincial Prosecutor
Provincial Prosecutor’s Office
Hall of Justice, Hall Loop, La Trinidad, Benguet

copy furnished (by registered mail)

(sgd.)
ATTY. GERARDO P. SIRIOS
Administrator
Land Registration Authority
East Avenue cor. NIA Road, Diliman, Quezon City

(sgd.)
HON. MENARDO I. GUEVARRA
Solicitor General
Office of the Solicitor General
OSG Bldg. 134 Amorsolo St., Legaspi Village, Makati City

(sgd.)

EXPLANATION
Copies of this petition have been served by personal service and
registered mail due to time constraints and lack of personnel rendering
personal service impracticable.
 REPUBLIC OF THE PHILIPPINES )
CITY OF BAGUIO ) S.S.

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, BENITO BAGUNAS, of legal age, Filipino, and with residence at KB61,

Cyprs Alley, Samoyao Road, Cruz, La Trinidad, Benguet, after having been duly
sworn according to law, hereby depose and state that:

1. I am the Petitioner in the above-stated case;

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

3. I have read and understood the contents thereof and the facts alleged therein
are true and correct based on my personal knowledge and/or on the basis of
copies of documents and records in my possession;

4. The Petition is not filed to harass the respondent, cause unnecessary delay,
or needlessly increase the cost of litigation; and

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

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

6. I further certify that:

a. I have not heretofore commenced any other action or proceeding or

filed any claim involving the same issues or matter in any court,
tribunal, or quasi-judicial agency and, to the best of my knowledge, no
such action or proceeding is pending therein;

Petition For Issuance of New Certificate of Title: Benito Bagunas vs. Registry of Deeds for the Province of
Benguet
Page 1 of 13
 b. If I should thereafter learn that the same or similar action or
proceeding has been filed or is pending before the Supreme Court, the
Court of Appeals or any other tribunal or quasi-judicial agency, I
undertake to report such fact within five (5) days therefrom to the
court or agency wherein the original pleading and sworn certification
contemplated herein have been filed; and

7. I am executing this verification to attest to the truthfulness and veracity of all

the foregoing and for whatever legal intents and purposes it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of April
2024, in Baguio City, Philippines.

BENITO BAGUNAS
Affiant
Driver’s License No. A-12345DA

SUBSCRIBED AND SWORN to before me this 13th day of April 2024, affiant
personally appearing before me and exhibiting to me his abovementioned valid
identification document representing to me that he is one and the same person
who executed the foregoing.

Petition For Issuance of New Certificate of Title: Benito Bagunas vs. Registry of Deeds for the Province of
Benguet
Page 2 of 13
 ANNEX D

REPUBLIC OF THE PHILIPPINES )

MUNICIPALITY OF LA TRINIDAD ) S.S.

AFFIDAVIT OF LOSS

I, BENITO BAGUNAS, of legal age, single, Filipino and a resident of KB61,

Cyprs Alley, Samoyao Road, Cruz, La Trinidad, Benguet, Philippines, after being
sworn in accordance with law, hereby depose and state that:

1. I am a purchaser of a parcel of land located at Bayabas, Sablan, Benguet with

an area of Six Thousand Nine Hundred (6,900) Square Meters covered by
OCT CLOA - 3069 of the Registry of Deeds of Benguet as evidenced by a
Absolute Deed of Sale of Registered Land executed on March 2, 2018 by
Marcial Abordo in my favor and acknowledged before Notary Public Albus
Percival and docketed in his Notarial Registry as “Doc. No. 02; Page No. 05;
Book No. IX; and Series of 2023.” A copy of the said Absolute Deed of Sale of
Registered Land is hereto attached and made an integral part hereof as
ANNEX “A”’;

2. Immediately after the Absolute Deed of Sale of Registered Land was

executed, I paid Four Hundred Thousand Pesos (Php 400,000.00) as
purchase price to Marcial Abordo, who then handed the owner’s copy of OCT
CLOA - 3069 to me. He likewise delivered to me the possession of the
subject parcel of land and since then I have openly exercised and maintained
all rights of ownership;

3. I was unable to immediately transfer the title in my name because of lack of

available funds at the time but I kept the owner’s copy of OCT CLOA - 3069
at my cabinet in the meantime with the intention of processing the transfer in
the future;

Petition For Issuance of New Certificate of Title: Benito Bagunas vs. Registry of Deeds for the Province of
Benguet
Page 3 of 13
 4. On March 21, 2024, I decided to process the transfer of the title to my name
as my financial circumstances have improved but as I tried to retrieve the
OCT CLOA - 3069 I discovered that it was no longer inside the cabinet;

5. I exerted all the diligent efforts to locate and retrieve it but all were in vain;
hence for all legal intents and purposes it is now deemed lost and beyond
recovery;

6. I certify and confirm that the parcel of land covered by OCT CLOA - 3069 of
the Registry of Deeds of Benguet was never mortgaged, sold, conveyed,
disposed of, or encumbered, to any other person or entity. I further certify
and confirm that said document was neither confiscated nor relinquished in
favor of any government entity, agency, or authority;

7. I attest to the truth of the foregoing statements to the best of my own

personal knowledge and based on authentic documents or records;

8. I am executing this Affidavit of Loss to support my application for a new

owner’s copy of OCT CLOA - 3069 as well as for all lawful intents and
purposes it may serve.

IN WITNESS WHEREOF, I set my hand this 7th day of April, 2024 at La

Trinidad, Benguet, Philippines.

BENITO BAGUNAS
Affiant
Passport ID No. 035468900 - M

SUBSCRIBED AND SWORN to before me this 7th day of April, 2024 at La

Trinidad, Benguet, Philippines.

wulfricbrian
WULFRIC BRIAN
Notary Public for La Trinida

Petition For Issuance of New Certificate of Title: Benito Bagunas vs. Registry of Deeds for the Province of
Benguet
Page 4 of 13