Petition: Republic of The Philippines Regional Trial Court

REPUBLIC OF THE PHILIPPINES
FOURTH JUDICIAL REGION

REGIONAL TRIAL COURT
Branch 1, Batangas City
IN RE: PETITION FOR

ISSUANCE OF NEW OWNER’S
DUPLICATE COPY OF
TRANSFER CERTIFICATE OF
TITLE NO. 196641 IN LIEU OF
THE LOST ONE.
LRC Case No. 23445
MAINE DEI ATAYDE,

Petitioner.
x-----------------------------------------------------------------------------------------x
PETITION
PETITIONER Maine Dei Atayde, through the undersigned
counsel, to the Honorable Court most respectfully states that:
PARTIES
1. Petitioner is of legal age, of legal age, single, and a resident of

101 Orminter Subdivision, Tibag, Calapan City, Oriental
Mindoro where he may be served with processes of the
Honorable Court;
2. Respondent Register of Deeds for the City of Batangas City is

being impleaded as a necessary party holding office at
Batangas City Capitol Complex where he/she may be served
with summons and other court notices;
FACTS OF THE CASE
3. Petitioner is the registered owner of a parcel of land located at

No. 25, Zone 5, Cuta, Batangas City, registered in the Registry
of Deeds for the City of Batangas City under Transfer
Certificate of Title (TCT) No. 0977734, free of any
encumbrance, particularly bounded and described as follows:
“A Parcel of land (Lot 1081-A-3 of the subdivision plan

(LRC) Pad-181603, being a portion of Lot 1081-A (LRC)
Pad 58918, situated in Sitio Purok 19, Cuta, Batangas
Petition for Re-Issuance
of New Title
Page 2
City, Bounded on the NE points 4 to 1 by Lot 1081-A-4 of

the subdivision plan, on the SE points 1 to 2 by Malibay-
Purok Road, on the SW points 2 to 3 by Lot 298 Purok
19. Beginning at a point marked “1” on plan being N 4
degrees 15 E. 320.00m from LM No. 18, Purok 19,
thence S 61 degrees 43 W. 25.00m to point 2; thence N
37 degrees 46 W. 74.1m to point 3; thence 32 degrees. –
over–.”
Copy of TCT No. 0977734 is attached as Annex “A”;
4. That sometime in 2012, Petitioner and her family were forced to

leave their house immediately after their barangay was struck
by a flashflood. The owner’s duplicate copy of title of the
subject parcel of land together with other personal belongings
of the petitioner were inside the abandoned house;
5. That due to the said flashflood incident, the leaving most of

their belongings destroyed, and owner’s duplicate copy of title
of the subject parcel of land together with other personal
belongings were all damaged by flood water;
6. That prior to the filing of this Petition, Petitioner has already

caused the annotation of Notice of Loss at the back of the
Registry of Deeds’ original copy of TCT No. 0977734 as Entry
No. 1234-4456656. The said annotation is sub-annexed as
Annex “A-1”, while a certified true copy of the Notice of Loss is
attached as Annex “B”;
7. That the petitioner has secured a Certificate of Intactness from

the Registry of Deeds for the City of Batangas City attesting
that the latter’s original copy of his title is existing and intact.
Copy of the certificate is attached as Annex “C”;
CAUSE OF ACTION
8. That the petitioner anchors his cause of action in Section 109 of

P.D. No 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
of New Title
Page 3
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.”
9. That the petitioner is the registered owner of the parcel of land

covered by TCT No. 0977734 as shown by records of the
Registry of Deeds, Batangas City (Annex “A”). The existence
and intactness of his certificate of title over his property has
been attested by the said office (Annex “C”);
10. In compliance to paragraph 1 of Section 109, P.D. No 1529,

Petitioner has already given due notice to the Registry of
Deeds, Batangas City that his Owner’s Duplicate Copy of Title
is lost (Annex “B”). Notice of Loss has been annotated at the
back of the title (Annex “A-1”);
11. Under the Mirror Principle of the Torrens System, the

certificate of title is a mirror which reflects accurately and
completely the current facts that are material to the title;
12. In view of the foregoing facts and under the Mirror Principle,
Petitioner has a cause of action to file the instant Petition.
PRAYER
WHEREFORE, above premise considered, it is most

respectfully prayed to the Honorable Court that a judgment be
rendered in favor of the Petitioner ordering Respondent Register of
of New Title
Page 4
Deeds for the City of Batangas to issue a New Owner’s Duplicate

Copy of Title in the name of Petitioner in lieu of the lost one.
Other reliefs just and equitable under the circumstances are

likewise prayed for.
Batangas City, May 15, 2021.
_________________________
ZYREEN KATE B. CATAQUIS
Counsel for Petitioner
of New Title
Page 5
VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING
Republic of the Philippines )

City of Batangas ) SS.
I, MAINE DEI ATAYDE, of legal age, after having been duly sworn in
accordance with law, depose and state that:
1. I am the plaintiff in the above-stated case;

2. I caused the preparation of the foregoing petition;
3. I have read the contents thereof and the facts stated therein are
true and correct of my personal knowledge and/or on the basis
of copies of documents and records in my possession;
4. I have not commenced any other action or proceeding involving
the same issues in the Supreme Court, the Court of Appeals, or
any other tribunal or agency;
5. To the best of my knowledge and belief, no such action or
proceeding is pending in the Supreme Court, Court of Appeals,
or any other tribunal or agency;
6. If I should thereafter learn that a similar action or proceeding
has been filed or is pending before the Supreme Court, the
Court of Appeals, or any other tribunal or agency, I undertake to
report that fact within five (5) days therefrom to this Honorable
Court.
Batangas City, May, 2020.
_____________________
MAINE DEI ATAYDE
SUBSCRIBED AND SWORN to before me this 15 th of May

2020 by affiant MAINE DEI ATAYDE who personally appeared before
me and signed this document in my presence and presented to me
as competent proof of his identity his Philippine Regulation
Commission I.D. Card No. D1-0027194 with validity until November
3, 2025. I hereby certify that I have ascertained the identity of the
affiant through competent identification document.
ZYREEN KATE B. CATAQUIS

Notary Public

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REPUBLIC OF THE PHILIPPINES

FOURTH JUDICIAL REGION

IN RE: PETITION FOR

MAINE DEI ATAYDE,

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

2. Respondent Register of Deeds for the City of Batangas City is

FACTS OF THE CASE

3. Petitioner is the registered owner of a parcel of land located at

“A Parcel of land (Lot 1081-A-3 of the subdivision plan

City, Bounded on the NE points 4 to 1 by Lot 1081-A-4 of

Copy of TCT No. 0977734 is attached as Annex “A”;

4. That sometime in 2012, Petitioner and her family were forced to

5. That due to the said flashflood incident, the leaving most of

6. That prior to the filing of this Petition, Petitioner has already

7. That the petitioner has secured a Certificate of Intactness from

8. That the petitioner anchors his cause of action in Section 109 of

“Section 109. Notice and replacement of lost

the province or city where the land lies as soon as

Upon the petition of the registered owner or other

9. That the petitioner is the registered owner of the parcel of land

10. In compliance to paragraph 1 of Section 109, P.D. No 1529,

11. Under the Mirror Principle of the Torrens System, the

WHEREFORE, above premise considered, it is most

Deeds for the City of Batangas to issue a New Owner’s Duplicate

Other reliefs just and equitable under the circumstances are

Batangas City, May 15, 2021.

VERIFICATION AND CERTIFICATION OF NON-FORUM

Republic of the Philippines )

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

Batangas City, May, 2020.

SUBSCRIBED AND SWORN to before me this 15 th of May

ZYREEN KATE B. CATAQUIS

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