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Draft Vallejo Loss

The heirs of Felimon C. Vallejo have petitioned the court to issue a new owner's duplicate title for property covered by Transfer Certificate of Title No. T-2013000653. David Victor Vallejo, representing the heirs, was entrusted with the original title certificate by his father Felimon in 2018. After Felimon's death in 2019, David discovered the title certificate was missing from where he had stored it. The heirs have declared the original title lost and are requesting the court order the issuance of a new owner's duplicate title.

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0% found this document useful (0 votes)
131 views4 pages

Draft Vallejo Loss

The heirs of Felimon C. Vallejo have petitioned the court to issue a new owner's duplicate title for property covered by Transfer Certificate of Title No. T-2013000653. David Victor Vallejo, representing the heirs, was entrusted with the original title certificate by his father Felimon in 2018. After Felimon's death in 2019, David discovered the title certificate was missing from where he had stored it. The heirs have declared the original title lost and are requesting the court order the issuance of a new owner's duplicate title.

Uploaded by

Angie Douglas
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

REGIONAL TRIAL COURT


Second Judicial Region
Branch ___
Aparri, Cagayan

IN RE: PETITION FOR THE ISSUANCE OF


ANOTHER OWNER’S DUPLICATE ADMIN CASENO._______
COPY OF TRANSFER CERTIFICATE
OF TITLE (TCT) No. T-2013000653
OF THE REGISTRY OF DEEDS OF
CAGAYAN, TUGUEGARAO CITY

HEIRS OF FELIMON C. VALLEJO,


Petitioner,

Represented by: David Victor Vallejo

X----------------------------------------------------X

PETITION

COMES NOW, the petitioner, thru the undersigned counsel and


before this Honorable Court, most respectfully allege:

1. That the petitioners are represented by David Victor P. Vallejo, of legal


age, Filipino, married, and a resident of 168 Prov. Road, Cataggaman Nuevo,
Tuguegarao City.

Copy of the Special Power of Attorney in favor of Mr. Vallejo is


attached as Annex “A”;

2. That Felimon C. Vallejo was the registered owner of the property covered
by Transfer Certificate of Title No. T-2013000653 with an area of ONE
HUNDRED FIFTEEN (115) SQUARE METERS, more or less.

3. That the above-mentioned property is more particularly described and


bounded as follows:

“ A parcel of land (Lot 576-N-1, of the subd.


Plan (LRC) PSD-257229, being a portion of Lot 576-N of
the Subd. Plan (LRC) PSD-191403, LRC Record No. 1390),
situated in the barrio of Maura, Municipality of Aparri,
Province of Cagayan, island of Luzon”

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4. That David Victor Vallejo is one of the children of the registered owner
Felimon Vallejo.

5. That sometime on July 2018, Felimon Vallejo entrusted the Certificate of


Title of the above-mentioned property to David Victor Vallejo for
safekeeping.

6. That David Victor Vallejo kept the said Title inside a cabinet in his house
at his above-mentioned residence.

7. That after the death of Felimon Vallejo on July 17, 2019, David Victor
Vallejo looked for the said Title as preparation for the distribution of the
property of the heirs of Felimon Vallejo.

8. That David Victor Vallejo was shocked to discover that the said Title was
already missing and can no longer be found inside the cabinet where he
placed the same.

9. That the said Transfer certificate of title had been missing or has
disappeared in such a way that it can no longer be found despite diligent
efforts exerted to locate the same, thus, deemed irretrievably lost for all
legal purposes.

10. That petitioner, on __________________________ to the Registry of


Deeds of Cagayan, Tuguegarao City regarding the loss of the TCT No. T-
2013000653 in compliance with Section 109 of Property Registration
Decree No. 1529.

Copy of Notice/Affidavit of Loss is hereto attached as Annex “B”, and


made an integral parts hereof.

11. That the subject certificate of title is not a subject of any litigation,
investigation, administrative or judicial proceedings, regarding its
genuineness or due execution or issuance.

12. That there were no deeds or other instruments affecting the said
property have been presented for registration and the said property is not
presently mortgage, neither sold nor encumbered in favor of any other
person, natural or juridical. Hence, no other person has an interest over the
subject lot or will be prejudiced by filing of this petition.

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PRAYER

WHEREFORE, it is most respectfully prayed of this Honorable


Court that after due notice, publication, posting and hearing, an order be
issued directing the Register of Deeds for the Province of Cagayan to re-
issue the new owner’s duplicate copy of Transfer Certificate of Title No. T-
2013000653, in lieu of the lost owner’s duplicate copy of the said certificate
of Title and declaring the lost copies as null and void and without force and
effect.

Other relief and remedies that maybe deemed just and


equitable under the premises are likewise prayed for.

Tuguegarao City, Philippines, ______________________.

GUILLERMO AND SALES LAW OFFICE


Counsel of the Petitioner
A.D. Taccad Building, Enrile Boulevard
Carig Sur, Tuguegarao City
Tel No. 078-377-3580
By:

ATTY. ROMEO G. GUILLERMO


Roll of Attorneys No. 51661
IBP Lifetime Membership No. 093966
PTR No. CGYN-8905728-1/3/19-Cagayan
MCLE Compliance No. VI - 0018722
02/20/19-Pasig City, Philippines
Email:[email protected]
Mobile No. 0917-584-3554

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VERIFICATION / CERTIFICATION

I, David Victor P. Vallejo, of legal age, Filipino, married, and a


resident of 168 Prov. Road, Cataggaman Nuevo, Tuguegarao City after
having been duly sworn to in accordance with law, do hereby depose and
say:

1. That I am the representative of the petitioner in the above-captioned


petition;

2. That I caused the preparation of the said petition and that I have read
and understood all the allegations contained therein

3. That all the allegations and contents thereof are true and correct to
my own personal knowledge and based on available authentic
documents;

4. I further state that I have not commenced any other action or


proceeding involving the same issue, and to the best of my
knowledge; no such action or proceeding is pending in any courts or
in any other tribunal or agency; and if there is such any action or
proceeding which is either pending or may have been terminated, I
must state the status thereof; and if I should hereafter learn that a
similar action or proceeding has been filed or pending before any
courts or any other tribunal or agency, I undertake to report that fact
within five (5) days therefrom to the court or agency where the
original pleading and sworn certification has been filed.

INWITNESS WHEREOF, I have hereunto set my hand this


____________________, at Tuguegarao City, Philippines.

DAVID VICTOR P. VALLEJO


Affiant

SUNSCRIBED AND SWORN to before me this


____________________, in the City of Tuguegarao, Philippines, affiant
personally known to me.

Doc. No.
Page No.
Book No.
Series of 2019.

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