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Form No. 52

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Republic of the Philippines

Fourth Judicial Region


REGIONAL TRIAL COURT
BRANCH 39
Calapan City, Oriental Mindoro

IN RE: PETITION FOR


ISSUANCE OF NEW OWNER’S
COPY OF ORIGINAL
CERTIFICATE OF TITLE No.
CLOA-1234
DIOSA A. MAGANDA,
Petitioner,
LRC CASE NO. ______
- versus –

REGISTER OF DEEDS OF
ORIENTAL MINDORO and ALL
PERSONS WHO MAY BE
AFFECTED THEREBY,
Respondents.
x---------------------------x

PETITION
COMES NOW Petitioner through the undersigned Public
Attorney, unto this Honorable Court, respectfully avers:

1. That petitioner is of legal age, single, Filipino citizen and


residing at Acacia Village, Bulusan, Calapan City, Philippines
where he may be served with summons, notices and other
court processes;

2. That respondent Register of Deeds of Oriental Mindoro is a


state agency tasked in the registration of properties in the
province of Oriental Mindoro, with office address at Building 1,
Sta. Isabel, Calapan City, Oriental Mindoro, Philippines where
he may be served with summons, notices and other
court processes;

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


Camilmil, Calapan City, Oriental Mindoro, Philippines declared
under Original Certificate of Title No. CLOA-1234, more
particularly described as:

“A parcel of land Lot 14820, being a portion of Iyak


Cadastre, situated at Barangay Camilmil, City of
Calapan, Province of Oriental Mindoro, Island of
Luzon, bounded on the N., points 1-2 by Lot 14819,
on the E., points 2-3 by Lot 14843, on the S., points

PETITION
LRC Case No. ____
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3-4 by Lot 14821, on the W., points 4-1 by creek, all
by Cad.539-D, Iyak Cadastre.

- xxx -

Containing an area of TWENTY THREE


THOUSAND FIVE HUNDRED NINETEEN (2,519)
square meters more or less.”

4. That the above described property was awarded to petitioner


pursuant to a Certificate of Land Ownership Award with number
12345678 issued by the Department of Agrarian Reform last
October 16, 2022 and the same have been titled in his name
covered by Original Certificate of Title No. CLOA-1234 with
Respondent Register of Deeds;

5. In October 2023, petitioner’s residence was inundated by


Typhoon Pepeng and thereby destroying and taking away
everything in their house including the Owner’s Copy of the
Original Certificate of Title No. CLOA-1234 covering the above-
described property;

6. That despite diligent search and efforts to locate said Owner’s


Copy of the Original Certificate of Title No. CLOA-1234
covering the above-described property, petitioner could not find
the same such that he now believes that said certificate of title
is lost beyond recovery;

7. That petitioner has not encumbered or mortgaged the above-


described parcel of land and that said copy of Original
Certificate of Title No. CLOA-1234 was not delivered to any
person or entity to secure payment or in performance of any
obligation whatsoever;

8. That petitioner executed an Affidavit of Loss and had the same


registered and annotated at the Original Certificate of Title on
file with the Respondent Register of Deeds, a copy is hereto
attached as Annex “A”; and

9. That attached herewith as Annex “B” is a certified copy of the


Original Certificate of Title No. CLOA-1234 without any
encumbrance and with the annotation of the Affidavit of Loss
(Annex “A”) executed by petitioner.

PRAYER
WHEREFORE, premises considered, it is most respectfully
prayed that after due notice and hearing, an order be issued by this
Honorable Court declaring the owner’s copy of Transfer Certificate of
Title No. T-12345 which was lost, as null and void and of no force and
effect and to order and direct the Register of Deeds of Oriental
Mindoro, after payment of petitioner of the fees prescribed by law, to
PETITION
LRC Case No. ____
Page 2 of 4
issue in lieu thereof new owner’s duplicate certificate 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 PD
1529.

Other reliefs just and equitable under the premises are likewise
prayed for.

RESPECTFULLY SUBMITTED this April 21, 2024 at Calapan


City, Oriental Mindoro, Philippines.

PUBLIC ATTORNEY’S OFFICE


Calapan City District Office
Justice Hall
Calapan City, Oriental Mindoro
Counsel for Petitioner
by:

JUANA ASI. CRUZ


Public Attorney II
Roll No. 12345; March 27, 2021
IBP No. 1234567; January 8, 2022; IBP Calapan Chapter
MCLE Compliance No. V-0002509 (Valid until 04/14/2027)

JEFFREY M. AGTARAP
Public Attorney II/OIC- CC, DO
Roll No. 54321; May 2, 2008; Calapan
IBP No. 7654321; January 8, 2016; IBP Calapan Chapter
MCLE Compliance No. V-0005062; December 22, 2022

Republic of the Philippines)


City of San Fernando ) S.S

VERIFICATION AND CERTIFICATION


AGAINST FORUM-SHOPPING
I, DIOSA A. MAGANDA, single, of legal age, Filipino and a
resident of Acacia Village, Bulusan, Calapan City, Philippines, after
having been duly sworn to in accordance with law, do hereby depose
and state that:

1. I am the Petitioner in the above captioned-case and I have


caused the preparation of the foregoing Petition, the
contents of which are supplied by me and are all true and
correct to the best of my personal knowledge, information

PETITION
LRC Case No. ____
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and belief, the allegations therein are true and correct and
based on authentic documents at hand;

2. I certify that neither have I not commenced nor is there any


Petition of similar nature before any court, tribunal or quasi-
judicial agency pending thereat; and that if I should hereafter
learn that the same or similar Petition has been filed or is
pending in any court, tribunal or quasi-judicial agency, I shall
report the fact within five (5) days therefrom to this
Honorable Court.

IN WITNESS WHEREOF, I have hereunto set my hand this


April 21, 2024 in Calapan City, Oriental Mindoro, Philippines.

SIMPLICIO N. FLORES
Affiant

SUBSCRIBED AND SWORN to before this April 21, 2024 at


Calapan City, Oriental Mindoro, Philippines.

Copy furnished:

OFFICE OF THE CITY PROSECUTOR REGISTER OF DEEDS OF LA UNION


Justice Hall Government Center, Sevilla
Calapan City, Oriental Mindoro Calapan City, Oriental Mindoro

PETITION
LRC Case No. ____
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