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Superales Petition

Lorna Abaya Centino filed a petition with the Regional Trial Court of Bohol seeking the issuance of a second owner's copy of Transfer Certificate of Title No. T-37425 for a 500 square meter property in Tagbilaran City, Bohol. She claimed the original title was lost despite efforts to find it. An affidavit of loss was submitted stating she was the registered owner and the title could not be recovered. The court was asked to direct the Register of Deeds to issue a new owner's copy that would have the same validity as the original.

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Charles Edulan
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119 views5 pages

Superales Petition

Lorna Abaya Centino filed a petition with the Regional Trial Court of Bohol seeking the issuance of a second owner's copy of Transfer Certificate of Title No. T-37425 for a 500 square meter property in Tagbilaran City, Bohol. She claimed the original title was lost despite efforts to find it. An affidavit of loss was submitted stating she was the registered owner and the title could not be recovered. The court was asked to direct the Register of Deeds to issue a new owner's copy that would have the same validity as the original.

Uploaded by

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

REGIONAL TRIAL COURT OF BOHOL


7TH Judicial Region
Branch 1
City of Tagbilaran

IN RE: PETITION FOR ISSUANCE


OF SECOND OWNER’S COPY OF
TRANSFER CERTIFICATE OF TITLE
Case No. ______________
TCT No. T-37425
LORNA ABAYA CENTINO,
Petitioner.
x--------------------------------------------------/

PETITION

COMES NOW petitioner, through the undersigned counsel, unto this


Honorable Court, most respectfully avers:

1) That petitioner Lorna Abaya, now Lorna Abaya Centino, is a Filipino, of


legal age, married to Florencio P. Centino and a resident of 421-3 CPG
North Avenue, Ubujan District, Tagbilaran City, Bohol, Philippines, where
she may be served with notices, orders, and other processes of this
Honorable Court;

2) That petitioner is the owner of a parcel of land situated at Cogon District,


Tagbilaran City, Bohol, designated as Lot 6323-A-3-A of the subdivision
plan, Psd-071242-028583, being a portion of Lot 6323-A-3, Psd-07-07-
010385, LRC Cad. Record No. 1105, covered under Transfer Certificate of
Title No. 37425, having an area of FIVE HUNDRED (500) square meters,
more or less. An electronic copy (certified true copy) of the title is hereto
attached and marked as Annex “A” and made an integral part of this
petition. Said parcel of land is more particularly bounded and described as
follows, to wit:

TRANSFER CERTIFICATE OF TITLE NO. T-37425

“A parcel of land (Lot 6323-A-3-A of the subdivision plan, Psd-071242-


028583, being a portion of Lot 6323-A-3, Psd-07-07-010385, LRC Cad.
Record No. 1105), situated in the District of Cogon, City of Tagbilaran,
Island of Bohol. Bounded on the SW., and NW., points 2 to 4, by Lot 6323-
A-3-B of the subdivision plan; on the SE., points 4 to 1, by Lot 6323-A-4,
Psd-07-07-010385; and on the SW., point 1 to 2, by Lot 6323-A-7 (Road),
Psd-07-07-010385. x x x Containing an area of FIVE HUNDRED (500)
SQUARE METERS, more or less.”
3) The certificate of title of the aforesaid lot was among those papers that were
instantly lost and could never be found despite persistent and honest efforts
of locating it;

4) That this certificate of title is now beyond recovery hence, petitioner


considers it lost for all legal intents and purposes. A copy of the Affidavit of
Loss for TCT No. T-37425 is hereto attached and marked as Annex “B” and
made an integral part of this petition;

5) That this petition is not filed for the purpose of evading any liability or
obligation nor to confuse the public but rather for the issuance of the second
owner’s copy in lieu of the one that was lost;

6) That the above-described parcel of land is not mortgaged nor encumbered to


any person, bank or lending institution and that the realty tax thereon has
been paid up to the current year;

WHEREFORE, it is most respectfully prayed of this Honorable Court that


after due notice, publication and hearing, judgment be rendered directing the
Register of Deeds of the City of Tagbilaran to issue a new owner’s copy of TCT
No. T-37425 which shall in all respects be entitled to like faith and credit as the
original duplicate in accordance with Section 109 of Act No. 496, as amended by
P.D. 1529.

Other relief and remedies just and equitable under the foregoing premises
are likewise prayed for.

Tagbilaran City, Bohol, Philippines. July ___, 2014.

ATTY. CHARLES CEASAR L. EDULAN, CPA


Counsel for the Petitioner
Roll of Attorneys No. 57394; IBP No. 909670, 12-05-13
PTR No. 0098815,12-06-13; TIN 300-890-782
MCLE Compliance No. IV-0001580
MCLE Compliance No. V-0000575
Office Address: 2/F, Door 3 Orimaco Bldg.
R. Palma St., Tagbilaran City, Bohol
Tel. Nos. (038) 501-8634; 501-8636
VERIFICATION AND CERTIFICATE OF NON-FORUM SHOPPING

REPUBLIC OF THE PHILIPPINES)


City of Tagbilaran ) S.S.
x---------------------------------------/

I, ELSA J. SUPERALES, Filipino, of legal age, married to Epifanio B.


Superales and a resident of F. Toledo Street, Sitio Lanao, Dao District, Tagbilaran
City, Philippines, after having been duly sworn to in accordance with law hereby
depose and state:

That I am the Petitioner referred to in paragraph 1 of the petition;

That I have caused the preparation and filing of the foregoing petition;

That I have read the foregoing and know the all the contents thereof and that
the allegations stated therein are true and correct of my personal knowledge or
based on authentic records;

That I have not theretofore 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;

That 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.

IN WITNESS WHEREOF, I have hereunto set my hand this _________,


2015 at Tagbilaran City, Bohol, Philippines.

ELSA J. SUPERALES
Affiant
Proof of Identity: ___________________________________
Issued on ________________ at ________________________________

SUBSCRIBED AND SWORN to before me, this _________, 2015 at Tagbilaran


City, Bohol, Philippines affiant with his respective proof of valid identification.

NOTARY PUBLIC
Doc. No. _____;
Page No. ____;
Book No. ____;
Series of 2015;
Republic of the Philippines )
City of Tagbilaran ) S.S.
x--------------------------------------/
AFFIDAVIT OF LOSS
I, LORNA ABAYA CENTINO, Filipino, of legal age, married to Florencio P.
Centino and a resident of 421-3 CPG North Avenue, Ubujan District, Tagbilaran City,
Bohol, Philippines, after being sworn to in accordance with law, hereby depose and say:
1) That I am the registered owner of a certain parcel of land situated at Cogon
District, Tagbilaran City, Bohol, designated as Lot 6323-A-3-A of the subdivision
plan, Psd-071242-028583, being a portion of Lot 6323-A-3, Psd-07-07-010385,
LRC Cad. Record No. 1105, covered under Transfer Certificate of Title No.
37425, having an area of FIVE HUNDRED (500) square meters, more or less.
Said parcel of land is more particularly bounded and described as follows, to wit:
TRANSFER CERTIFICATE OF TITLE NO. T-37425
“A parcel of land (Lot 6323-A-3-A of the subdivision plan, Psd-071242-
028583, being a portion of Lot 6323-A-3, Psd-07-07-010385, LRC Cad.
Record No. 1105), situated in the District of Cogon, City of Tagbilaran,
Island of Bohol. Bounded on the SW., and NW., points 2 to 4, by Lot 6323-
A-3-B of the subdivision plan; on the SE., points 4 to 1, by Lot 6323-A-4,
Psd-07-07-010385; and on the SW., point 1 to 2, by Lot 6323-A-7 (Road),
Psd-07-07-010385. x x x Containing an area of FIVE HUNDRED (500)
SQUARE METERS, more or less.”
2) The I personally kept the aforesaid title of the parcel of land at my house;
3) The title of the said lot was among those papers that were instantly lost and
beyond recovery despite diligent efforts exerted;
4) That I have already considered it lost for all intents and purposes;
5) That the said title is not in the hands of other persons or other entities for
consideration;
6) That I am executing this Affidavit of Loss to support my application for the
issuance of second owner’s copy of the above-said parcel of land in lieu of the on
which was lost.
IN WITNESS WHEREOF, I have hereunto set my hands this July 23, 2014 at
the City of Tagbilaran, Bohol, Philippines.

LORNA ABAYA CENTINO


Affiant
Proof of Identity: ___________________________________
Issued on ________________ at ________________________________

SUBCRIBED AND SWORN to before me this July 23, 2014 at the City of
Tagbilaran, Bohol, Philippines. I hereby certify that the Affiant executed the foregoing
Affidavit freely and voluntarily and she understands the contents thereof.

Doc No. ____;


Page No. ____;
Book No. ____;
Series of 2014

Republic of the Philippines


REGIONAL TRIAL COURT OF BOHOL
7TH Judicial Region
Branch 1
City of Tagbilaran

IN RE: PETITION FOR ISSUANCE


OF SECOND OWNER’S COPY OF
TRANSFER CERTIFICATE OF TITLE
Issuance No. 301
TCT No. T-37425
LORNA ABAYA CENTINO,
Petitioner.
x--------------------------------------------------/

ATTY. MARIA IODINE T. ANDAN-DOLINO


City Register of Deeds
Tagbilaran City

RE: MANIFESTATION / COMPLIANCE

In Compliance with the Order of Hon. Irma Zita V. Masamayor, Acting


Presiding Judge of Regional Trial Court, Branch 1, City of Tagbilaran, I am
submitting herewith the following documents, to wit:

1) A copy of the Petition; and


2) A copy of the Due Course Order relative to the instant petition.

For your appropriate action.

December 12, 2014, Tagbilaran City, Bohol, Philippines.

ATTY. CHARLES CEASAR L. EDULAN, CPA


Counsel for the Petitioner
Office Address: 2/F, Door 3 Orimaco Bldg.
R. Palma Street, Tagbilaran City, Bohol
Tel. No. (038) 501-8634; 501-8636

Received by: ______________


Date: ___________________

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