REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH___________, QUEZON CITY

IN THE MATTER OF RECONSTITUTION OF THE

TRANSFER CERTIFICATE OF TITLE NO.
92084 ISSUED BY THE REGISTER OF DEEDS OF
QUEZON CITY.

LRC CASE NO.___________________________

The ESTATE OF THE LATE ROMEO JOSUE

TALAVERA represented by their Atty-In-Fact
Mr. NAPOLEON C. TALAVERA,
Petitioner,
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PETITION
Petitioner, through counsel and unto this Honorable Court respectfully avers THAT:
1. Petitioners are the legal heirs of the late Romeo Josue Talavera, all of legal age,
Filipino citizens and with residence address at No. 50 Alley 3 Project 6, Quezon City,
represented herein by his Attorney-In-Fact NAPOLEON C. TALAVERA, also of legal age,
married, Filipino citizen, with residence address at No. 50 Alley 3 Project 6, Quezon City,
where he may be served with summons and other court processes of this Honorable Court.
A copy of the Special Power of Attorney is hereto attached as Annex “A”;
2. The late Romeo Josue Talavera is the registered owner of Transfer Certificate of
Title No. 92084 issued by the Register of Deeds of Quezon City consisting of Two Hundred
Sixty Three Square Meters and Twenty Square Decimeters (263.20). Xerox copy of the
aforesaid Transfer Certificate of Title is hereto attached as Annex “B”;

3. The original owners duplicate copy of the aforesaid Transfer Certificate of Title
was with the possession of our late father, however, upon his demise in December of 2007
we have exerted effort to locate the same but the same could not be found. Thus, for all
legal purposes we presumed that the aforesaid Transfer Certificate of Title was already lost
and beyond recovery. Copy of the Affidavit of Lost is hereto attached as Annex “C”;

4. The original copy of the Transfer Certificate of Title No. 92084 is on file with the
Registry of Deeds of Quezon City. However, upon checking from the Registry of Deeds of
Quezon City the existence of the subject Transfer Certificate of Title, the Registry of Deeds
of Quezon City issued a Certification that is not on record in this Registry. Copy of the
Certification from the Registry of Deeds of Quezon City is hereto attached as Annex “D”;
 5. The subject Transfer Certificate of Title is declared for taxation purpose under Tax
Declaration No. E-085-01741 and the corresponding taxes were regularly paid. Copies of
the Tax Declaration No. E-085-01741 and the corresponding Tax Clearance Certification
are hereto attached as Annexes “E” and “F” respectively;

6. The subject Transfer Certificate of Title is more particularly described per copy of
the following documentary evidences and also to properly determine the met and bounds of
the subject property, to wit: 1) copy of survey plan; 2) technical description; and 3)
certification of adjoining/adjacent owners. Copies of the aforesaid documents are hereto
attached as Annexes “G”, “H” and “I” respectively; copies of 1) copy of survey plan; 2)
technical description to be submitted later;

7. That no deed or instrument affecting the subject property has been presented for
registration in the Office of the Registry of Deeds of Quezon City whether mortgaged,
pledged, or any other encumbrance to secure any obligation whatsoever;
8. In view of the foregoing circumstance, petitioners are now asking for the
reconstitution the Transfer Certificate of Title No. 92084 on the basis of the documents
hereto attached;

PRAYER
WHEREFORE, it is respectfully prayed of this Honorable Court that after due
hearing, judgment be rendered as follows:
1. To issue an ORDER declaring the owner’s duplicate copy of title in the name of
the late Romeo Josue Talavera, as NULL and VOID;
3. To issue an ORDER directing the Registry of Deeds of Quezon City, to
RECONSTITUTE the TRANSFER CERTIFICATE OF TITLE NO. 92084 and to ISSUE NEW
OWNER’S DUPLICATE COPY in lieu of the lost one;
Petitioners further prays for such other relief and remedies, just and equitable under
the premises.
Quezon City, April ____, 2019.

NAPOLEON C. TALAVERA
Attorney-In-Fact

Assisted by:

ATTY. CECILIO C. LUMANTAO

Counsel
No. 27 Santan St., Myrna’s Subdivision,
Pingkian, Brgy. Pasong Tamo, Quezon City
Attorney’s Roll No. 14679
IBP No.AR24426778 January 3, 2019
PTR No. 7347050C, January 3, 2019
MCLE NO. VI-0009035
VERIFICATION AND CERTIFICATION
 OF NON-FORUM SHOPPING
I, NAPOLEON C. TALAVERA, of legal age, Filipino citizen, married, with address at
#50 Alley 3, Project 6, Quezon City, under oath hereby depose and state THAT:

1. I am the attorney-in-fact of the petitioners in the above entitled petition;

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

3. I have understood the contents thereof which are true and correct of my own
personal knowledge and based on authentic documents/records;

4. I have not commenced any action or proceedings involving the same parties and
issues in the Supreme Court, Court of Appeals, or in any other tribunal or agency
and to the best of my knowledge, no such action or proceedings is pending
before any courts, tribunal or agency;

5. Should I learn thereafter that a similar action involving the same parties and
issues is filed or pending in the foregoing bodies, I undertake to inform this
Honorable Court within five (5) days from knowledge thereof;

IN WITNESS WHEREOF, I have hereunto affixed our signature this _____ th day of
April 2019 in Quezon City.

NAPOLEON C. TALAVERA
Affiant

SUBCRIBED AND SWORN to before me this _____th day of April 2019 in Quezon
City, affiant exhibited to me his government issued ID as proof of his identity.

NOTARY PUBLIC

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