PROVINCE OF BULACAN, Respondent ORDER A verified petition dated October 3, 2012 having been filed before this Court by petitioner, through its counsel, praying that after due notice, publication and hearing, an Order be issued directing the Register of Deeds for the Province of Bulacan (Guiguinto Branch) to declare the owners duplicate copy of TCT No. T-51307 as null and void and reconstitute Transfer Certificate of Title No. T-51307. The petition alleges among others: "that petitioner is a government agency created under the laws of the Republic of the Philippines, as represented by Provincial Agrarian Reform Officer (PARO) lleona B. Pangilinan and OIC-Chief Agrarian Reform Program Officer Melma Carol A. Naguitguitan, of legal ages, Filipinos, both married and with office address at DAR Bulacan Provincial Agrarian Reform Office, BS Aquino Avenue, Baliuag, Bulacan, where orders and judicial processes may be served; that the public respondent Register of Deeds Bulacan- Guiguinto Branch is impleaded as a nominal party being the custodian of official records and with office address at Guiguinto, Bulacan; that petitioner filed the above-entitled petition pursuant to the provision of Republic Act No. 26 in relation to Section 110 of Presidential Decree No. 1529; that petitioner is mandated to implement agrarian reform laws and other related agrarian rules, administrative orders, orders, policies and issuances; that among these programs and policies is the acquisition and distribution of public and private agricultural lands to qualified farmer beneficiaries through the issuance of emancipation patents under Presidential Decree No. 27 otherwise known as the Operation Land Transfer or certificates of land ownership awards under Republic Act 6657 as amended by RA 9700; that the Department of Agrarian Reform Bulacan Provincial Office place under the coverage of Presidential Decree No. 27 the landholding of Rafael Tamayo located at Malibay, San Miguel, Bulacan and covered by Transfer Certificate of Title No. T-51307 and containing an area of 324,354 square meters; that the Department of Agrarian Reform actually acquired the abovedescribed property and was able to generate and issue emancipation patents to the farmer beneficiaries namely: j. a. Juan Maniego with EP No. A-697134; b. Rosemarie Sioson with EP No. A-697135; c. Rosalina Orosco with EP No. A-167137; d. Rodolfo Amparo with EP No. A-679252; e. Gerardo Orosco with EP No. A-697251; f. Arsenio Orosco with EP No. A-697140; g. Priscila Orosco with EP No. A-697143; h. Leonardo Reyes with EP No. A-697144; i. Baltazar Orosco with EP No. A-697145; Arsenio Orosco with EP No. A-697146; k. Leonardo Reyes with EP No. A-69149; I. Crisanto Reyes with EP No. A-697254; m. Jesusa Valdez with EP No. A-697253; n. Celestino Simbulan with EP No. A-697139; o. Alfredo Simbulan with EP No. A-697158; p. Luis Garcia with EP No. A-697159; q. Numeriano Peralta, Jr. with EP No. A-697160; r. Julita Peralta with EP No. A-697161; s. Numeriano Peralta with EP No. A-697162; t. Rodolfo Cuaresma with EP No. A-697163; u. Cecilia Garcia with EP No. A-697164; and, v. Ernesto Santos with EP No. A-697165; that in order to complete and fully satisfy the acquisition under PD NO. 27 the abovedescribed property, said TCT No. T-51307 issued in the name of Rafael Tamayo should be cancelled to give way for the full registration of the emancipation patent generated by the Department of Agrarian Reform. However, the original copy of the said TCT No. T-51307 in the possession of the Register of Deeds of Bulacan was burned during the fire conflagration on March 7, 1987 per certification dated August 28, 2012; thus awaiting the full registration. of said emancipation patent titles in the name of the farmer beneficiaries, reconstitution of the TCT No. T-51307 must first be made; that as required by law, all emancipation patents (EPs) issued and generated by the DAR have to be fully registered in the Register of Deeds where the subject land is situated in order to complete its mandate to emancipate tenants from the bondage of the soil; that in view of the fact that the complete acquisition and full registration is impossible in the absence of the original copy of the title in the possession of the Register of Deeds of Bulacan, herein petitioner was constrained to file this petition in order that reconstitution of the aforementioned TCT No. T-51307 be made, hence, this petition; that the Department of Agrarian Reform has the personality to file this petition for reconstitution having acquired the subject agricultural land under PD No. 27 for distribution to qualified farmer beneficiaries; that in support of this petition for reconstitution, the following documents which may constitute as a source or basis for the reconstitution are the following: a. Approved Technical description of the subject property (Annex A); Wherefore, the instant petition is hereby set for hearing on February 27, 2013 at 8:30 o'clock in the morning before this Branch of the court sitting at the Ground Floor of the New Bulwagan ng Katarungan Malolos, Bulacan, on which date, time and place, all interested persons may appear and show cause, if any why the instant petition should not be granted. Let copies of this Order be published once in two (2) successive issues of the Official Gazette and the Ex- Oficio Provincial Sheriff of this Court is hereby directed to post copy of the same at the main entrance of the Municipal Hall of San Miguel, Bulacan, at least thirty (30) days prior to the date of hearing, all at the expense of the petitioner. Likewise, let copies of this Order be furnished the Office of the Solicitor General, Register of Deeds of Bulacan, Land Registration Authority, Bureau of Lands, the b. Cadastral Survey Plan of the subject property boundary owners, registered owner Rafael (Annex B); Tamayo, the petitioner and its counsel by c. Tax Declaration of the subject property registered mail., (Annex C); .... d. Certification from the Register of Deeds of Bulacan certifying that the subject TCT No. T-51307 was burned (Annex D); Finally, petitioner is hereby ordered to furnish the Office of the Solicitor General with copy of the petition and its annexes; and, to submit proof of service thereof on or before the scheduled date of hearing as aforestated. SO ORDERED. Malolos, Bulacan, October 19, 2012. [1-2] (Sgd.) GUILLERMO P. AGLORO Judge REPUBLIC OF THE PHILIPPINES LRC CASE No. 2490-12.-In Re: Petition of Reconstitution of the Original Copy of Transfer Certificate of Title No. T-1231719 of the Registry of Deeds for the Province of Cavite. STA. LUCIA REALTY AND DEVELOPMENT, INC., represented by Spouses RONALD C. MALANA and GLICERIA A. MALANA, Petitioner ORDER This is a petition for reconstitution of the original copy of Transfer Certificate of Title No. T-1231719 of the Registry of Deeds for the Province of Cavite. That the petitioner is a corporation duly organized and existing under and by virtue of the Philippine laws with principal address at Bldg. III, Sta. Lucia East, Grand Mall, Marcos Highway corner Felix Avenue, Cainta, Rizal represented in this act by Spouses Ronald C. Malana and Gliceria A. Malana, both of legal age, Filipino Citizens and with postal address at No. 95 Unang Hakbang St., Galas, Quezon City; That petitioner owned a parcel of land identified as Lot 31 Block 10 Greenmeadows, Phase I with an area of 150 sq. m. situated in the Brgy. of of Salitran, Municipality of Dasmariñas, Province of Cavite duly covered by Transfer Certificate of Title No. T-1231719; that Spouses Malana purchased the subject lot from petitioner Sta. Lucia as evidenced by a Deed of Absolute Sale; That petitioner has in its custody the owner's duplicate copy of Transfer Certificate of Title No. T-1231719; that sometime in June 2010, when the representative of the petitioner was trying to secure a certified true copy of the subject title from the Registry of Deeds for the Province of Cavite, they discovered that the original copy of Transfer Certificate of Title No. T-1231719 under the name of Sta. Lucia Realty and Development, Inc. was missing and nowhere to be found inside the vault containing the titles under the custody of said office despite diligent efforts exerted by said office to locate the same; that the original owner's copy of the said Transfer Certificate of Title No. T-1231719 is presently intact and in the custody of the petitioner's representative and the same may be produced in Court whenever so required to prove its existence and authenticity; that subject property has been declared for taxation purposes as evidenced by the tax declaration issued by the Assessor's office of the Province of Cavite; c. Southwest Sta. Lucia Lot 32 Block 10 Lot 30 Block 10- Mary d. Northwest - Lot 29 Block 10- Banco de Oro That the Transfer Certificate of Title No. T-1231719 is valid, subsisting and in full legal force and effect at the time it was considered lost by the Register of Deeds for the province of Cavite and there were no documents, deeds or instruments presented to or pending for registration in the said office of the Register of Deeds involving the said parcel of land, conveying said property to any third party person or entity; that the owner's duplicate copy of Transfer Certificate of Title No. T-1231719 before its loss, has not been pledged, encumbered, mortgaged or delivered to any person or entity to guarantee any obligation; that the property is not the subject of any litigation or adverse claim by any third person or entity; that Spouses Ronald C. Malana and Gliceria A. Malana have been authorized by the registered owner Sta. Lucia Realty and Dev. Inc. to file a Petition for Reconstitution of the Original copy of Transfer Certificate of Title No. T-1231719 as evidenced by the Secretary's Certificate signed and executed by the Corporate Secretary thereof. Finding the petition to be sufficient in form and substance, notice is hereby given that the petition will be heard by this Court on March 13, 2013 at 8:30 o'clock in the morning, on which date, time and anybody interested in the matter is cited to appear and show cause why the petition should not be granted. Let this Order be published at the expense of the petitioner, twice in successive issues of the Official Gazette and be posted at the main entrance of the Provincial Capitol Building of Trece Martires City, the Municipal Building of Dasmariñas, Cavite and at the place where the property is situated at least thirty (30) days prior to the date herein set for hearing. Let also copies of this Order be sent, by registered mail, to the adjoining owners and present occupants of the property named above, to the Office of the Land Registration Authority and to the Office of the Solicitor General. Imus, Cavite, November 22, 2012. (Sgd.) NORBERTO J. QUISUMBING, JR. [1-2] Executive Judge REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT SEVENTH JUDICAL REGION BRANCH 19 Conformably to Sec. 23 of the Property Registration Decree in relation to Land Registration Circular No. 353 dated July 24, 1979, the application is hereby set for initial hearing on March 6, 2013 at 8:30 o'clock in the morning. The Office of the Honorable Commission of the Land Registration Authority is hereby enjoined to cause notice of initial hearing to be published in the Official Gazette and to send notice of initial hearing to all persons appearing to have interest in the land involved in the application, including the adjoining owners so far as known and as maybe determined from the application and To All Whom It May Concern. Said office is also enjoined to send notice of hearing to all offices and officers mentioned in Section 23 of the Property Registration Decree. CEBU CITY CADASTRAL Record No. 9466, Lot No. 3257A.-In Re: Petition for Issuance of Decree and Subsequent Issuance of Original Certificate of Title of Lot No. 3257-A In the Name of PROCESO CABREROS. TEODORO D. CABREROS, Petitioner versus LAND REGISTRATION AUTHORITY, Respondent AMENDED ORDER The Court finds the application in the above-entitled case to be in substantial compliance with Section 15 of PD 1529 otherwise known as Property Registration Decree. REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT BRANCH 61 MARCELO B. FERNAN PALACE OF JUSTICE DAKIT, BOGO CITY, CEBU CASE NO. 61-0207-LRC.-In the Matter of Petition for Issuance of Original Certificate of Title Over Lot No. 1265 Pursuant to Decree No. 230283. SPS. PROCULO MASAS ET AL., Petitioners versus THE REGISTER OF DEEDS OF THE PROVINCE OF CEBU, Respondent AMENDED ORDER A verified petition for Issuance of Original Certificate of Title in the name of Spouses Felipe Ruiz and Inquito Francisca over Lot 1265 of Bogo Cadastre has been filed with this Court by Spouses Proculo and Bernardita Masas praying that after due notice, publication and hearing, an order be issued ordering the Register of Deeds of the Province of Cebu to issue to the petitioner an official copy of the Original Certificate of Title pursuant to Decree No. 230283 in the name of Spouses Felipe Ruiz and Inquito Francisca over Lot 1265 of Bogo Cadastre. Finding the petition to be sufficient in form and substance, it is hereby set for initial hearing on March 05, 2013 at 8:30 o'clock in the morning before this Court located at Marcelo B. Fernan Palace of Justice, Dakit, Bogo City, Cebu, at which date, time and place designated all persons who may have interest in the above- entitled proceedings may appear and show cause, if any, why the petition should be or not be granted. Let a copy of this Amended Order be published twice (2) in the Official Gazette, National Printing Office, Diliman, Quezon City and once (1) in the newspaper of general circulation in the Province of Cebu, all at the petitioner's expense. Let copies of this Amended Order be posted in the respective Bulletin Boards of this Court, City Hall of Bogo, Cebu, and Barangay Hall of La Purisima Concepcion, Bogo City, Cebu. Furnish copies of this Amended Order to the (a) Land Registration Authority, Quezon City; (b) Office of the Solicitor General; (c) Register of Deeds, Province of Cebu, Cebu City; and (d) petitioners and their counsel. REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT MARCELO B. FERNAN PALACE OF JUSTICE CASE No. 61- 0208-LRC.-In the Matter of Petition for Issuance of Original AILEEN CATHERINE A. MASAS, Petitioner versus THE REGISTER OF DEEDS OF THE PROVINCE OF CEBU, Respondent AMENDED ORDER A verified petition for Issuance of Original Certificate of Title in the name of Spouses Marcelo Mecarsos and Eugenia Turing over Lot 2297 of Bogo Cadastre has been filed with this Court by Aileen Catherine A. Masas praying that after due notice, publication and hearing, an order be issued ordering the Register of Deeds of the Province of Cebu to issue to the petitioner an official copy of the Original Certificate of Title pursuant to Decree No. 169654 in the nane of Spouses Marcelo Mecarsos and Eugenia Turing over Lot 2297 of Bogo Cadastre. Finding the petition to be sufficient in form and substance, it is hereby set for initial hearing on March 05, 2013 at 8:30 o'clock in the morning before this Court located at Marcelo B. Fernan Palace of Justice, Dakit, Bogo City, Cebu, at which date, time and place designated all persons who may have interest in the above- entitled proceedings may appear and show cause, if any, why the petition should be or not be granted. Let a copy of this Amended Order be published twice (2) in the Official Gazette, National Printing Office, Diliman, Quezon City and once (1) in the newspaper of general circulation in the Province of Cebu, all at the petitioner's expense. |