REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
PASIG CITY
BRANCH 265
IN RE: PETITION FOR THE ISSUANCE
OF NEW OWNERS DUPLICATE COPY
OF TRANSFER CERTIFICATE OF TITLE
NO. PT-109772 PURSUANT TO PD 1529
AS AMENDED
LRC CASE NO.R-8314-PSG
MS. ADELAIDA ALFONSO CRUZ,
Petitioner.
x------------------------------------------------x

MEMORANDUM FOR THE PETITIONER

Comes now the petitioner, Adelaida Alfonso Cruz, by counsel,
respectfully submits to the Honorable Court, the instant Memorandum,
respectfully allege:

THE PARTIES
1. That Petitioner ADELAIDA ALFONSO-CRUZ is of legal age, married, a
Filipino Citizen and residing at 1548 Ireneo St., Villa Alfonso, Bambang,
Pasig City where she may be served with summons, orders, notices and
other court processes. The petitioner is a co-owner of a property located at
Brgy. Rosario, Pasig City.
2. Said property is co-owned by her siblings, MA. LOURDES A.PIANO,
JUAN V. ALFONSO, TEODORA A. TOLENTINO, MANUEL V. ALFONSO,
JR. who are all of legal ages, Filipino and may be notified at the following
addresses, to wit:
MA. LOURDES A. PIANO

11-A M. Alfonso St., Brgy. Rosario, Pasig City

JUAN V. ALFONSO

9-A M. Alfonso St., Brgy. Rosario, Pasig City

TEODORA A. TOLENTINO 13 Alfonso St., Lifehomes, Rosario, Pasig City

Except for MANUEL V. ALFONSO JR. who had passed away and with last
known address at 10-A M. Alfonso St., Brgy., Rosario, Pasig City.
3. That public respondent REGISTER OF DEEDS of Pasig City is being
impleaded in its official capacity being the repository of deeds and
exchanged in its jurisdiction, the public respondent may be served with
summons and other court processes through its official address at Office of
the Register of Deeds, Pasig City Hall, Pasig City.

STATEMENT OF THE CASE AND THE FACTS

1. That petitioner ADELAIDA ALFONSO-CRUZ is the registered co-owner
of a parcel of land located at Brgy. Rosario, Pasig City and covered by
Transfer Certificate of Title No. PT-109772, and registered under the
Register of Deeds of Pasig City. Attached herewith is the copy of said title
as ANNEX A.
2. Her co-owners as to the above described property are MA. LOURDES A.
PIANO, MANUEL V. ALFONSO JR., JUAN ALFONSO and TEODORA A.
TOLENTINO who are her brothers and sisters, as evidenced by their birth
certificates as ANNEXES B TO E.
3. That one co-owners of said parcel of land MR. MANUEL V. ALFONSO,
JR. , already died, copy of his death certificate is hereto attached as
ANNEX F.
4. The petitioner together with her siblings left an ancestral home located
at No.1 Ortigas Avenue Extension, Cainta, Rizal. They had a vault at the
said ancestral home where important and vital documents such as land
titles, passbooks, dollars and other papers were placed and kept.
5. That on 25 July 2004, the said ancestral home was ransacked and the
vault was even destroyed, thus all of its contents were missing including
Transfer Certificate of Title No. PT-109772 registered under the name of
the petitioner and her siblings.
6. That in order to protect their interests, the petitioner ADELAIDA
ALFONSO-CRUZ executed an Affidavit of Loss on 30 July 2004 and
annotated said fact of loss to the title at the office of the public respondent,
Registry of Deeds of Pasig City. Attached herewith is copy of Affidavit of
Loss registered at the Register of Deeds Pasig City as ANNEXG and the
annotation to said title as ANNEX A-1 and made integral part of this
memorandum.
7. The original copy of Transfer Certificate of Title No. PT-109772 remains
intact in the Office of the Register of Deeds of Pasig City.

8.

ISSUES

1. WHETHER OR NOT THE OWNERS DUPLICATE COPY OF

TRANSFER CERTIFICATE OF TITLE NO. PT-109772 BE DECLARED AS
NULL AND VOID?
2. WHETHER OR NOT A NEW OWNERS DUPLICATE COPY OF THE
TRANSFER CERTIFICATE OF TITLE NO. PT-109772

ARGUMENTS AND DISCUSSIONS

This is a verified petition for the issuance of a new owners

duplicate copy of Transfer Certificate No. PT-109772 filed by the
petitioner Adelaida Alfonso-Cruz praying that the aforesaid
owners duplicate copy of the title be declared null and void and
to order the Registry of Deeds of Pasig City to issue a new owners
duplicate copy of said Transfer Certificate of Title in lieu of the lost
one.
===========================The Order dated
___ (Exh. __) setting the instant petition on _____________ was
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posted in the bulletin boards of the City Hall of Antipolo, Regional

Trial Court, Branch 71, Antipolo City and the Office of the Register
of Deeds of Binangonan, Rizal (Exh. C).
In compliance with the jurisdictional requirements, during
the hearing on October 21, 2015, petitioner presented the
following documentary exhibits, to wit:
1. Petition (Exh. A);
2. Order dated September 29, 2015 (Exh. B); and
3. Certificate of Posting (Exh. C).

Thereafter, the petition was announced in open court but no

oppossitior appeared.
In support of the petition, Ms. Adelaida Alfonso-Cruz was
presented as lone witness who testified consistently with the
recital to the petition, identifying the above documents and
confirming the contents thereof. She further testified that the
subject property covered by TCT No. 649287 (Exh. M) is
registered under the name of her mother Norma V. Alfonso who
had already passed away on December 25, 2002 as evidenced by
Certificate of Death (Exh. E). That the subject property was
inherited by her mother from his father Manuel Alfonso, Sr., who
died ahead of his mother, as shown by Certificate of Death
marked in evidence as Exhibit F. That she is one of the children
and legal heirs of the late Manuel Alfonso, Sr. And Norma Alfonso
as shown by the Certificate of Live Birth (Exh. G). That
sometime in July 24, their ancestral house located at Ortigas
Avenue Extension, Cainta, Rizal wherein a vault was placed
therein was ransacked and destroyed thus, all the contents hereof
were missing including a copy of the subject TCT No. 649287.
That she reported the matter to the police and immediately
executed an Affidavit of Loss dated July 30, 2004 marked in
evidence as Exhibit N. Said Affidavit of Loss was annotated on
the subject TCT No. 649287 as entry no. 5890 marked as Exhibit
M-4. Real property taxes were duly paid covering the previous
years including the year 2015 as evidenced by Tax Declaration
(Exh. P) issued by the Office of the Municipal Treasurer of Cainta
Rizal. She likewise confirmed and affirmed that the subject title
has not been delivered to any person or entity to guarantee any
obligation.
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The representative of the Registry of Deeds of Antipolo City

in the person of Bernard Develos appeared in court and brought
with him the original copy of the subject original certificate of title
on file with their office. After comparing the certified xerox copy
attached to the record with the original, the xerox copy appears to
be a faithful reproduction of the original copy.
Finding the petition to be supported by evidence, the same is
hereby GRANTED.
WHEREFORE, in view of the undisputed existence of the
registry copy and the owners duplicate copy of TCT No. 649287
as well as its proven loss, the Registrar of Deeds of Binangonan
Rizal is hereby ordered to issue, upon payment of the necessary
fees, a new owners duplicate copy of the said title, which shall
contain a memorandum of fact that it is issued in place of the lost
duplicate certificate, but shall in all respect be entitled to same
faith and credit as the original duplicate thereof, pursuant to
Section 109 of P.D. 1529.
The lost owners duplicate copy of TCT No. 649287 is
hereby declared null and void.
SO ORDERED.