7. That herein petitioner or otherwise has not pledged, mortgaged or otherwise encumbered the property covered by the subject TCT in order to guarantee payment of any obligation on its part, or any kind whatsoever and that there is no transaction involving the same now pending for registration before the Office of the Register of Deeds of Marikina Ctiy; 8. That there is no deed or other instrument affecting the property had been presented for registration, or if there is any, the nature thereof, the date of its presentation, as well as the name of the parties, and whether, the registration of such deed or instrument is still pending accomplishment; 9. That the owner's duplicate certificate is in due form without any apparent intentional alteration or erasures and the same is in full force and effect; 10. That the Transfer Certificate of Title No. 253021 is not the subject of litigation or investigation, administrative or judicial, regarding its genuine or due execution or issuance. Wherefore, finding the Petition to be sufficient in form of substance, let the same be heard on November 17, 2011 at 8:30 o'clock in the morning before the Court sitting at the 2nd Floor Justice Hall Bldg., Nursery Compound, Guitnangbayan I, San Mateo, Rizal, on which date, time and place, all persons concerned and whose interest are affected thereby are cited to appear at the hearing and show cause why the petition should not be granted. Let a copy of this Order be published in two (2) successive issues of the Official Gazette and once in a newspaper of general circulation at the expense of the petitioner. Also let copies hereof be posted by the Deputy Sheriff on the bulletin board of this Court and of the Municipality of San Mateo, Rizal at least thirty (30) days prior to the date of hearing. Furnish the Solicitor General, Land Registration Authority, Register of Deeds of Marikina City and/or the Registry of Deeds of the Province of Rizal, and the Public Prosecutor of San Mateo, Rizal copies of this Order. At the expense of the petitioner notify the occupants of the property, if any, and the adjoining owners. 1 A verified petition filed with this Court on April 18, 2011 by Heirs of Alipio V. Larracas thru counsel Atty. Antonio M. Chavez, praying that, after due notice, publication and hearing, an order be issued directing the Register of Deeds for Batangas City to reconstitute the original copy of Original Certificate of Title No. 31022, on the basis of the Technical Description of the subject lot prepared and issued by the Department of Environment and Natural Resources, Region IV, and other material documents in accordance with Republic Act No. 6732. Finding the instant petition to be sufficient in form and substance, let the same be set for initial hearing on September 22, 2011 at 8:30 o'clock in the morning at the Session Hall of this Court, RTC-Branch 4, Pallocan West, Batangas City. Let a copy of this Order be published, at the expense of the petitioner, twice in successive issues of the Official Gazette. Moreover, let copies of this Order, together with the petition and annexes thereof be furnished the Administrator, Land Registration Authority; the Solicitor General; the Register of Deeds of Batangas City; the Department of Environment and Natural Resources (DENR); the City Engineering Office; and the City Prosecutor's Office of Batangas City and the boundary owners of the property subject of this petition for their comment and/or opposition thereto. The Branch Sheriff is hereby directed to post copies of this Order together with the petition and annexes thereof on the place where the property is located, on the bulletin board of the main entrance of the Provincial Capitol Building of Batangas, on the bulletin board of the Batangas City Hall, and on the bulletin board of this Court at the main entrance of the Bulwagan ng Katarungan, Pallocan West, Batangas City, for at least (90) days before the date of the initial hearing of the instant petition. REPUBLIC OF THE PHILIPPINES FIFTH JUDICIAL REGION SAN JOSE, CAMARINES SUR SPECIAL PROCEEDINGS NO. T-1263. -Petition for Judicial Reconstitution of Original Certificate of Title No. 504 in the names of Juan Dizon and Baltazar Dizon with the latter duly represented by his heirs through their authorized representative. LYDIA DIZON, Petitioner It appearing from the letter dated May 16, 2011, by Acting Assistant Superintendent Evelyn R. Perlado of the National Printing Office that their schedule of publication can no longer accommodate the date of hearing set in the instant case, let the initial hearing set on June 29, 2011 be cancelled and reset to October 4, 2011, at 8:30 o'clock in the morning. SO ORDERED. In chamber, 6 June 2011, San Jose, Camarines Sur. (Sgd.) ΜΑ. ANGELA ACOMPAÑADO ARROYO [30, 31] Presiding Judge ORDER This is a verified petition for reconstitution of Original Certificate of Title No. 504 issued in the names of Juan Dizon and Baltazar Dizon and issuance of owner's duplicate copy of OCT No. 504. This petition was filed by petitioner Lydia Dizon in her capacity as one of the heirs and Attorney-In-Fact of the rest of the heirs of said deceased by virtue of a Special Power of Attorney attached as Annex "A" of the Petition. The petition alleges in substance, among other things, that : 1. OCT No. 504 was originally issued in the names of Juan Dizon and Baltazar Dizon over a parcel of land more particularly described as follows: A parcel of land situated at Barrio Cabacongnan, Municipality of Caramoan, Province of Camarines Sur, bounded on the NW., NE., and SE., by Maqueda Channel; on the SW., by Taebun Channel. Beginning at a point marked "I" on plan Psu134910, being N. 64 deg. 26'E., 4193.18 m. from BLBM. 1, Barrio of Pandanan, Municipality of Caramoan, Thence N. 62 deg. 00'W., 190.05 m. to point 2; Thence N. 69 deg. 23'E., Thence S. 30 deg. 53'E., 148.11 m. to point 14; Thence S. 47 deg. 46'E., 39.49 m. to point 15; Thence S. 37 deg. 11'E., 138.99 m. to point 16; Thence N. 83 deg. 44'E., 54.40 m. to point 17; Thence S. 9 deg. 38'E., 106.30 m. to point 18; Thence S. 27 deg. 38'E., 105.86 m. to point 19; Thence S. 85 deg. 09'E., 39.00 m. to point 20; Thence S. 74 deg. 58'E., 51.75 m. to point 21; Thence S. 14 deg. 50'W., 157.62 m. to point 22; Thence S. 25 deg. 09'W., 184.02 m. to point 23; Thence S. 35 deg. 17'W., 175.51 m. to the point of beginning, containing an area of Three Hundred Ninety-One Thousand Two Hundred and Seventy-Three (391.273) Square Meters, more or less. All points referred to are indicated on the plan and are marked on the ground as follows: points "1", "12", "15", "17", and "20" by P.L.S. marked on boulders, point "2" by P.L.S. Cyl. Conc. Mon.; point "3" by cross on stone; points"8", "10", "11", "14", "16", "18" and "19" by stakes; and the rest, by crosses on trees; bearings true; declination 0 deg. 48" E.; date of survey, Aug. 5, 1952. 2. The present heirs of said deceased, represented by herein Petitioner, desire to partition said property among them but the Original of the Certificate of Title supposed to be on file with the Register of Deeds of the Province of Camarines was burned when the Provincial Capitol of Camarines Sur, which then housed the Office of the Provincial Register of Deeds, was razed to the ground on June 26, 1976; while the Owner's Duplicate thereof, which was in possession of one of the predecessors of said present heir, was somehow lost in the course of transfers between the two registrants Juan Dizon and Baltazar Dizon in an effort to protect it against typhoons. Hence the need to reconstitute the Original Certificate of Title No. 504 in the names of the original owners to whom it was originally issued and thereafter to issue Owners Duplicate Copy thereof, said reconstitution to be based on authenticated copies of application for registration of title, technical description, decision on the application, order for the issuance of Decree No. 11886, approved plan, copies of which are attached to the petition. The Office of the Solicitor General however, who was earlier furnished a copy of the Petition, filed a Manifestation with this Court in the above-entitled case pointing out that the petition was improperly verified because the verification did not provide for a competent proof of the affiant's identity as required by Sec. 1, Rule 108 of the Revised Rules of Court. The Court, duly noting the Manifestation, likewise notes the fact that right below the signed typewritten name Lydia F. Dizon is typewritten the entries CTC No. 08375935 issued at San Jose, Camarines Sur on January 21, 2011 which this Court takes to mean Community Tax Receipt and which is usually and normally cited by notaries public in acknowledgements and jurats to serve as the basis for establishing the identity of the person executing the document. Though this CTC is not expressly mentioned in the jurat itself, nevertheless it is quite obvious to the court that this was made the basis for establishing the identity of the affiant. The court thus considers the petition to be properly verified and sufficient in form. Wherefore, finding the Petition to be sufficient in substance and in form, the Initial Hearing thereof is hereby set on June 29, 2011 at 8:30 AM at which date, time and place any one with objections to this petition should show cause why the same should not be granted. Let a copy of this Order be published once a week for two consecutive weeks in the Official Gazette at the expense of the Petitioner. Let copies of this Order be likewise posted at the main entrance of the Provincial Capitol Bldg. of Camarines Sur, Cadlan, Pili, Camarines Sur, the Municipal Building of Caramoan, Camarines Sur and on the bulletin board of this Court at least 30 days prior to the date of initial hearing aforesaid. Furnish also the Solicitor General, the Provincial Prosecutor of Camarines Sur through his District Office at San Jose, Camarines Sur, the Provincial Register of Deeds of Camarines Sur, the Administrator of the Land Registration Authority, the Petitioner and her counsel and all persons known to have an interest in this case, with a copy each of this Order. SO ORDERED. In Chamber, San Jose, Camarines Sur, March 14, 2011. (Sgd.) MA. ANGELA ACOMPAÑADO ARROYO [30, 31] Presiding Judge REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT FIFTH JUDICIAL REGION BRANCH 24 NAGA CITY OTHER SPECIAL PROCEEDINGS CASE 20110039.-In Re: Reconstitution of Certificate of Title No. 21095 in the Name of Gaspar Padillo with Issuance of Owner's Duplicate Title. MINERVA T. PADILLO, Petitioner ORDER A verified Petition was filed with the Court by Minerva T. Padillo for the reconstitution of Owner's Duplicate of Title No. 21095 registered in the name of Gaspar Padillo covering a parcel of land situated at Caranan, Pasacao, Camarines Sur having been lost when the Provincial Capitol building of Camarines Sur was burned on June 26, 1976. The reconstitution prayed for shall be based on existing owner's duplicate of title in the possession of the petitioner. Wherefore, pursuant to Sec. 110 of P.D. No. 1529, and Sec. 10 of R.A. No. 26, and for being sufficient in form and substance, let said petition be heard on September 26, 2011 at 8:30 a.m. Notice hereof to be published in the Official Gazette at the expense of the petitioner for two (2) consecutive weeks, and to be posted at the main entrances of both the Provincial Capitol of Camarines Sur; and the Municipal Building of Pasacao, Camarines Sur where the property is located and at the bulletin board of the Hall of Justice building of A verified petition for reconstitution of original copy of Transfer Certificate of Title Nos. T-56003, T-56651, T-56001 and T-55486 of the Registry of Deeds of Cavite registered in the name of petitioner praying that after proper due notice, publication and hearing, an order be issued directing the Register of Deeds of Cavite Province to reconstitute the said original copy of Transfer Certificate of Titles based on the owner's duplicate copy of the said titles. Finding the petition to be sufficient in form and substance, let, therefore, this petition be set for hearing on September 5, 2011 at 8:30 o'clock in the morning before this Court located at the Hall of Justice, Poblacion, Bacoor, Cavite, at which date, time and place designated all interested parties who may have interest in the aboveentitled proceedings may appear and show cause, if any, why the petition should, not be granted. At the expense of the petitioner, let copy of this Order be published twice (2) in successive issues of the Official Gazette, and in a newspaper of general circulation in the cities and province of Cavite once a week for three (3) consecutive weeks and the same be posted by the sheriff of this Court in three (3) conspicuous places in the Municipality of Bacoor, Cavite, where the property is located at least thirty (30) days prior to the date of hearing. Let copies of this Order together with the petition be furnished the Office of the Solicitor General, Bureau of Lands, Land Registration Authority, Register of Deeds for the Province of Cavite, Office of the Provincial Prosecutor. |