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Republic of the Philippines

REGIONAL TRIAL COURT


Sixth (6th) Judicial Region
Branch 42, Bacolod City

IN RE: PETITION FOR


ISSUANCE OF NEW OWNER’S
DUPLICATE COPY OF
TRANSFER CERTIFICATE OF
TITLE NO. T-214350 IN LIEU
OF THE LOST ONE.
Cad. Case No. 19-4250

HECTOR TORRE SENOSA,


Petitioner.
x--------------------------------x

AMENDED PETITION
PETITIONER Hector Torre Senosa, through the undersigned
counsel, to the Honorable Court most respectfully states that:

Parties

1. Petitioner is of legal age, married, Filipino and resident of


Bagumbayan, Tigbauan, Iloilo where he may be served with
processes of the Honorable Court;

2. Respondent Register of Deeds for the Province of Negros


Occidental is being impleaded as a necessary party holding office at
Provincial Registry of Deeds Office, Hall of Justice, Lacson Street,
Bacolod City, Negros Occidental, 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 Lot


2, Block 66, Municipality of Murcia, Negros Occidental registered
in the Registry of Deeds for the province of Negros Occidental
under Transfer Certificate of Title (TCT) No. T-214350, free of
any encumbrance, particularly bounded and described as follows:

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Machine Copy of the Certified True Copy of TCT No. T-214350 is
attached as Annex “A”;

4. Prior to the filing of this Petition, Petitioner has already caused the
Annotation of Affidavit of Loss at the back of the Registry of
Deeds’ original copy of TCT No. 214350 as Entry No. 465232. The
said annotation is sub-annexed as Annex “A-1”;

5. Petitioner had misplaced the owner’s duplicate copy of the title


above-described and despite diligent effort to look for it, the same
could no longer be found or located. For verification purposes, a

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machine copy of the Affidavit of Loss is herein attached as Annex
“B”;

6. That the original copy of the said certificate of title remain intact
in the file of the Registry of Deeds for the Province of Negros
Occidental as certified herein below. Marked and attached hereto
as Annex “C” is a machine copy of said Certification to be taken
as an integral part hereof.

Cause of Action

7. 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 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,
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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.”

8. Petitioner is the registered owner of the parcel of land covered by


TCT No. 214350 as shown by records of the Registry of Deeds for
the Province of Negros Occidental (Annex “A”);

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


Petitioner has already given due notice to the the Registry of Deeds
for the Province of Negros Occidental that his Owner’s Duplicate
Copy of Title is lost. Affidavit of Loss has been annotated at the
back of the title (Annex “A-1”);

10. For verification purposes, a copy of the Affidavit of Loss is


herein attached as Annex “B”;

11. The existence and intactness of his certificate of title over his
property has been attested by the said office (Annex “C”);

12. 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;

13. 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 the Registrar of Deeds for the Province of
Negros Occidental to issue a New Owner’s Duplicate Copy of Title in the
name of Petitioner in lieu of the lost one.

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

Respectfully submitted on 18 September 2019, Bacolod City.

By:

DUREMDES NAVA VILLEGAS


Counsel for Petitioner
2nd Floor A & L Building
E. Lopez St., Jaro Iloilo City

__________________________________________
ATTY. STEWART PAUL T. TORRE
Roll of Attorneys No. 67265
IBP No.1065941-Pasig City-January 10, 2019
PTR No. 5810462-Iloilo City-January 8, 2019
MCLE Compliance VI-0010210

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VERIFICATION AND CERTIFICATION
OF NON-FORUM SHOPPING
I, HECTOR TORRE SENOSA, of legal age, after having been duly
sworn in accordance with law, depose and state that:

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

2. I have caused the preparation and filing thereof before the


Honorable Court;

3. I have read its 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, the 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.

HECTOR TORRE SENOSA


Affiant

SUBSCRIBED AND SWORN to before me this _________________


at ____________________ affiant exhibiting to me his
___________________________ as competent proof of his identity.

Doc. No. ____;


Page No. ____;
Book No. ____;
Series of 2019.

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