Republic of the Philippines

REGIONAL TRIAL COURT

7th Judicial Region
Branch_______
Dumaguete City

IN RE: PETITTION FOR DECLARATION

OF LOSS OF THE OWNERS
DUPLICATE COPY OF ORIGINAL
CERTIFICATE OF TITLE NO. 14356
COVERING LOT NO. 1985, SITUATED
IN POBLACION, BACONG, NEGROS ORIENTAL
AND FOR THE ISSUANCE OF A NEW OWNERS COPY
OF ORIGINAL CERTIFICATE OF TITLE
NO. 14356, IN LIEU OF THE LOST ONE,

ELISA MONTIEL TUBAGA, CAD. PLDG. NO. 1234

Petioner,

THE OFFICE OF THE PROVINCIAL REGISTER

OF DEEDS THROUGH THE HONORABLE PROVINCIAL
REGISTER OF DEEDS, PROVINCE OF NEGROS
ORIENTAL,
Public Respondent.
x------------------------------------------------------------------/

PETITION
Petitioner, by undersigned counsel, before the Honorable Court, most
respectfully state that:

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

Oriental.

2. The Office of Provincial Register of Deeds, Province of Negros Oriental,

Dumaguete City, through the Honorable Provincial Register of Deeds,
Province of Negros Oriental, is impleaded herein as a formal party/nominal
party and or public respondent because said office is the custodian of the
records of titles of real properties situated in the city of Dumaguete, Negros
Oriental including the original or office copy of original certificate of Title
No. 14356, covering Lot no. 1985, which is situated in Poblacion, Bacong,
Negros Oriental. Public respondent can be served with summons and other
Processes of the Honorable Court at its office address at the North Road,
Capitol Area, Dumaguete City.

3. The above- named petitioner is one of the Heirs of SILVINO MONTIEL,

one of the registered co-owners of a parcel of land, known as Lot No. 1985
 under Original Certificate of Title No. 14356. That Silvino Montiel begot
three children including the father of the petitioner (RUFO MONTIEL) are
the absolute co-owner of the above-mentioned parcel of land, located at
Poblacion, Bacong, Negros Oriental, with the area of 556 square meters,
more or less. He and his co-heirs inherited the lot from the late GRAND
FATHER Silvino Montiel by operation of law.

4. That before her father (Rufo Montiel died, he turn over to the petitioner the
aforementioned OCT NO. 14356 and entrusted to the petitioner the
processing of the title of the said parcel of land into their names and their
relatives.

5. She kept said title in one of her dresser drawers in her residence while she
delegated n acquaintance to look for prospective buyers.

6. When she finally found a buyer for the above-mentioned parcel of land, she
proceeded to retrieve said title from where she put it but to her utter dismay,
she could not anymore find the title in the place where she recall where
placed it.

7. She then proceeded to ask for help from her immediate family members to
look for the said OCT NO. 14356, but all their diligent and earnest efforts
where all in vain as they could not find said title anymore and that she was
forced to a conclusion that it is irretrievable lost and beyond recovery.

8. Consequently, petitioner executed an Affidavit of loss establishing the loss

of the Owners Duplicate Copy of Original Certificate of Title No 14356 and
filed said affidavit with the Office of the Provincial Register of Deeds,
Dumaguete City. A certified true copies of Original Certificate of Title No.
14356 and Affidavit of Loss are hereto attached and marked as ANNEXES
A and B with sub- markings.

9. She hereby declared that the Owners Duplicate Original Copy of Original
Certificate of Title No. 14356 is not subject to any lien or attachment issued
or ordered by any court or institution.

10.That to prove that the petitioner is one of the co-owner of the subject
property under the same title which lost by the petitioner, an Extrajudicial
Settlement of Estate is hereto attached and marked as ANNEX C.

11.Copies of this petition are sent to the following offices, namely:

A. The Office of the Provincial Register of Deeds Dumaguete City

Thru: The Honorable Provincial Register of Deeds
North Road, Capitol Area,
Dumaguete City

B. The Honorable Solicitor General

Office of the Solicitor General
134 Amorsolo Street, Legaspi Village, Makati City
 C. The Honorable Head
Land Registration Authority
Banaue, Quezon City

D. The Honorable Head

Bureau of Lands
Manila

PRAYER

WHERFORE, it is respectfully prayed that the Honorable Court renders

judgment:
1. Declaring the owners Duplicate Copy of Original Certificate of Title
No. 14356, covering Lot No. 1985, situated in Poblacion, Bacong,
Negros Oriental, a lost and, as such, null and void.

2. Ordering or directing the Office of the Provincial Register of Deeds,

Dumaguete City, to issue a New Owners Duplicate Copy of Original
Certificate of Title No. 14356 covering Lot No. 1985, with the same
terms and conditions as the original thereof, and which shall in all
respects to be entitled to like faith and credit.

Petitioner further prays for other reliefs just and equitable in the premises.

RESPECTFULLY SUBMITTED.
October 13, 2017, Dumaguete City, Philippines.

LEIZEL JOY D. QUISIL

Counsel for the Petitioner
RM 201, 2nd Floor Portal West
Perdices Street
Dumaguete City
Tel No. 4223455
PTR No. 12345
IBP No. 34567
ROLL No. 8888
MCLE No. 8989

Copy furnished:

The Office of the Provincial Register of Deeds Dumaguete City

Thru: The Honorable Provincial Register of Deeds
North Road, Capitol Area, Dumaguete City
The Honorable Solicitor General
Office of the Solicitor General
135 Amorsolo Street, Legaspi Village, Makati City

The Honorable Head

Land Registration Authority

Banaue, Quezon City

The Honorable Head

Bureau of Lands
Manila
 Republic of the Philippines
REGIONAL TRIAL COURT
7th Judicial Region
Branch_______
Dumaguete City

IN RE: PETITTION FOR DECLARATION

OF LOSS OF THE OWNERS
DUPLICATE COPY OF ORIGINAL
CERTIFICATE OF TITLE NO. 14356
COVERING LOT NO. 1985, SITUATED
IN POBLACION, BACONG, NEGROS ORIENTAL
AND FOR THE ISSUANCE OF A NEW OWNERS COPY
OF ORIGINAL CERTIFICATE OF TITLE
NO. 14356, IN LIEU OF THE LOST ONE,

ELISA MONTIEL TUBAGA, CAD. PLDG. NO. 1234

Petioner,
x----------------------------------------------------/

JUDICIAL AFFIDAVIT

I, ELISA MONTIEL- TUBAGA, of legal age, Filipino, married and a resident of

Bacong, Negros Oriental, after being sworn to in accordance with law, hereby
depose and state that:

Preliminary Statement

The person interrogating me is Atty. Leizel Joy D. Quisil with address at

RM201, 2nd Floor Portal West, Perdices Street, Dumaguete City, I am answering
his question fully conscious that I do so under oath and may face criminal liability
for false testimony and perjury.

Q1. Are you the same Elisa Montiel-Tubaga who is the petitioner in this
case?

A1. Yes, sir.

Q2. What made you file this instant petition?

A2. The Owners Duplicate Copy of Original Certificate of Title No.

14356 which my father entrusted to me before he died got lost in my
possession.

Q3. How did you discover the loss of said title?

 A3. It happened sometime in late 2016 when I was looking for it when I
discovered that I coud not locate it anymore.

Q4. Why were you looking for the aforementioned title?

A4. I was delegated by my relatives to look for a buyer for our property
and I asked an acquaintance of mine to help me look for a one and which she
was able to accomplish so I immediately tried to retrieve it from where I last
remember of putting the title.

Q5. Did you execute an affidavit to that effect and were you able to report
said loss to the Register of Deeds (ROD) of Negros Oriental

A5. I executed an affidavit before you and had it annotated with the
ROD Negros Oriental which also gave me a certified true copy of the title.

Q6. We will mark the title as EXHIBIT A and the affidavit as EXHIBIT
B. Why was your father in possession of OCT No. 14356?

A6. I could only assume that it was left by him by my grandfather,

Silvino Montiel, who was one of the co-owners of the property covered by
OCT no. 14356

Q7. Did you comply with order of the court?

A7. Yes, sir, one James Bond, Sheriff of this court issued a Certification
that he posted it at different places.

Q8. Where is the certification?

A8. It is in the record, sir.

Q9. I will mark this Certification as EXHIBIT C. Do you know the title
was sold or mortgaged to other persons or private entity?

A9. No, sir, because there are many other heirs apart from me.

Q10. Do you have anything more to say to the Honorable Court?

A10. I only pray and ask the court to grant this petition in order for me
and my relatives to be able to sell our property to a legitimate buyer.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 14th

day of October, 2017, in Dumaguete City, Philippines.

ELISA MONTIEL-TUBAGA
Affiant
TIN no. 129-234-56
 SUBSCRIBED AND SWORN TO BEFORE ME, this 14th day of
October, 2017, in Dumaguete City, Philippines, the affiant exhibited to me her
competent evidence of Identity indicated below her name above.

LEIZEL JOY D. QUISIL

Counsel for the Petitioner
RM 201, 2nd Floor Portal West
Perdices Street
Dumaguete City
Tel No. 4223455
PTR No. 12345
IBP No. 34567
ROLL No. 8888
MCLE No. 8989

Doc. No. 12
Page No. 34
Book No. 45
Series of 2017