Republic of the Philippines

REGIONAL TRIAL COURT

Fourth Judicial Region
Branch __
Rosario, Batangas

IN RE: PETITION FOR PETITION. NO.

THE ISSUANCE OF NEW ___________
OWNER’S DUPLICATE OF
THE TRANSFER
CERTIFICATE OF TITLE
NO. 053-2018000175 OF
THE REGISTRY OF DEEDS
OF THE PROVINCE OF
BATANGAS

DIVINA RAMIREZ PEREZ,

SHARA JANE PEREZ
REYES and DIVINA
GRACIA PEREZ
HOMBREBUENO, herein
represented by DIVINA
GRACIA PEREZ
HOMBREBUENO,
Petitioners.
x ----------------------------------------------- x

PETITION

Comes now, Petitioner, through counsel, unto this

Honorable Court, respectfully submits that:

[1] Petitioner DIVINA GRACIA PEREZ

HOMBREBUENO, Filipino citizen, of legal age, married to
Juanito Hombrebueno, and a resident of Laiya, San Juan,
Batangas is one of the co-owners of a parcel of land,
covered by Transfer of Certificate Title No. 053-
20180001751, subject of this Petition.

[2] By virtue of a Special Power of Attorney,2 which

was duly recorded3 before the Registry of Deeds of
Batangas, Batangas, she herein represents her mother
1
Certified True Copy of TCT 2018000175 issued by the Registry of
Deeds of Batangas, Batangas which consists of 3 pages is herein attached as
Annex “A” and made an integral part hereof.
2
Copy of said Special Power of Attorney is herein attached as Annex
“B” and made integral part hereof.
Page 1 of 5
Petition for the Issuance of New Owner’s
Duplicate of
TCT No. 053-2018000175
DIVINA GRACIA PEREZ
HOMBREBUENO, Petitioner
DIVINA RAMIREZ PEREZ, widow, and her sister, SHARA
JANE PEREZ REYES, married to Joseph Reyes, both
Filipino citizens, of legal age, and residents of Laiya, San
Juan, Batangas. However, notices, orders, decision, and all
other court processes, may be served to herein undersigned
counsel, Atty. Sonny Jose M. Ricablanca at Borigas
Sanchez Ricablanca Talag Castillo (BSRTC) Law Offices,
Zenaida Arcade, 43 M.H. del Pilar Street, Batangas City.

[3] By virtue of an Extrajudicial Settlement with

Simultaneous Sale of a Portion of Land 4, Divina Ramirez
Perez, Shara Jane Perez Reyes and Divina Gracia Perez
Hombrebueno, being the surviving heirs of the late Oscar T.
Perez, who died intestate on 04 June 2005, adjudicated
extra-judicially unto themselves a parcel of land containing
an area of Forty-One Thousand Four Hundred Five (41,405)
square meters, covered by Transfer Certificate of Title No.
T-84273 and left by the deceased. Likewise, the portion
which is Ten Thousand (10,000) square meters of said
parcel of land was sold by the said heirs to Kidung Mustafa
Abdulajid. Thus, the mentioned heirs retained the remaining
31,405 square meters of said parcel of land in pro indiviso
equal shares.

[4] Subsequently, a new Transfer Certificate of Title

No. 053-2018000175 was issued to herein Petitioners.

The technical description of said subject property is

herein described as follows:

3
Copy of the Memorandum of Encumbrance of TCT 2018000175
reflecting said Special Power of Attorney is herein attached as Annex
“C”.
4
Certified True Copy of said Extrajudicial Settlement with
Simultaneous Sale of a Portion of Land duly recorded before the
Registry of Deeds of Batangas, Batangas, is herein attached as Annex “D”
and made an integral part hereof.
Page 2 of 5
Petition for the Issuance of New Owner’s
Duplicate of
TCT No. 053-2018000175
DIVINA GRACIA PEREZ
HOMBREBUENO, Petitioner
 [5] The subject owner’s duplicate copy of which was
kept in Petitioner Divina Gracia R. Perez’ possession and
safekeeping.

[6] However, sometime recently, the Petitioner

discovered that the subject owner’s duplicate copy of the
aforementioned title was missing.

[7] Petitioner exerted all diligent and earnest efforts

to locate the missing subject owner’s duplicate copy of the
certificate of title, but it proved to be futile.

[8] Consequently, the Petitioner executed an Affidavit

5
of Loss stating therein the fact of loss of the subject
certificate of title. Said Affidavit was duly recorded 6 before
the Registry of Deeds of Batangas, Batangas.

[9] Said Owner’s Duplicate of the subject Transfer

Certificate of Title No. 053-2018000175 had not been
subsequently delivered to any person or entity to secure the
payment or performance of any obligation whatsoever, nor
any transaction or document relating to the same is pending
registration before the Registry of Deeds for Batangas
Province.

[10] The original copy of said subject title is still

intact7 in the Office of the Registry of Deeds for Batangas
Province which could be the basis for the issuance of a new
copy of the lost owner’s duplicate of Transfer Certificate of
Title No. 053-2018000175.

[11] Original Certificate of said TCT No. 053-

2018000175 is under Tax Declaration No. 21-0019-036278
and with Property Index No. 024-21-0019-004-21.
5
Copy of said Affidavit of Loss is herein attached as Annex “E” and
made an integral part hereof.
6
Copy of the Memorandum of Encumbrance of TCT 2018000175
reflecting said Affidavit of Loss is herein attached as Annex “F” and made
an integral part hereof.
7
By virtue of LRA Circular No. 33-2018, “the better proof as to the existence of titles and
documents is a certified true copy of the tile or document for the analysis, examination, and information of
all parties concerned”, thus, the Registry of Deeds shall no longer issue a Certificate of Intactness and the
same shall be proved through a Certified True Copy of the subject Title.
8
Copy of said Tax Declaration, issued by the Municipal Assessor of
San Juan, Batangas is herein attached as Annex “G” and made an integral
part hereof.
Page 3 of 5
Petition for the Issuance of New Owner’s
Duplicate of
TCT No. 053-2018000175
DIVINA GRACIA PEREZ
HOMBREBUENO, Petitioner
 [12] The tax due on the property has already been
paid9 for the year 2019 by the Petitioner under O.R. No.
2902504 dated 08 January 2019.

[13] The boundaries, names, and addresses of the

adjoining owners of the property covered by TCT No. 053-
2018000175 are as follows:

Boundaries:

North Brgy. ALN -41

Road

East ALN- Sps. Amado G. Gamel &

11,22 Lucia V. Gamel, Kidung
Mustafa Abdulajid

South ALN-09 Leopoldo Perez

West ALN-09 Leopoldo Perez

[12] Ultimately, Petitioner desires to secure a second

owner’s duplicate copy of Transfer Certificates of Title
(TCT) No. 053-2018000175, in lieu of the lost one.

PRAYER

WHEREFORE, premises considered, it is most

respectfully prayed of this Honorable Court that judgment
be rendered:

1. Declaring the owner’s duplicate copy of the Transfer

Certificate of Title No. 053-2018000175 that had been lost,
as null and void; and

2. Ordering the Registry of Deeds for Batangas

Province, to issue a new owner’s duplicate copy of Transfer
Certificate of Title No. 053-2018000175, in the same terms
and conditions as the original thereof, upon payment of all
the proper fees therefore.
9
Copy of a Certification that taxes due up to CY 2019 of the
properties covered by Tax Declaration No. 21-0019-03627 has been paid,
issued by the Office of the Municipal Treasurer of San Juan, Batangas City is
herein attached as as Annex “H” and made an integral part hereof.

Page 4 of 5
Petition for the Issuance of New Owner’s
Duplicate of
TCT No. 053-2018000175
DIVINA GRACIA PEREZ
HOMBREBUENO, Petitioner
 Other reliefs just and equitable under the premises are
likewise prayed for.
Batangas City for Rosario, Batangas, 05 March 2019.

ATTY. SONNY JOSE M. RICABLANCA

Counsel for the Petitioner
Zenaida Arcade, M.H. del Pilar St., Batangas City
PTR No. 3308861 01-03-19 Batangas City
IBP Lifetime No. 019079 Batangas City
Roll No. 69544, MCLE Exempted,
pursuant to MCLE Governing Board Order No. 1, S.2008
sjmricablanca0618@gmail.com +639178820206

Page 5 of 5
Petition for the Issuance of New Owner’s
Duplicate of
TCT No. 053-2018000175
DIVINA GRACIA PEREZ
HOMBREBUENO, Petitioner