SO ORDERED. (Orig. Sgd.) VIRGILIO G. CABALLERO [53, 1] Presiding Judge REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION LRC CASE No. Q-34569 (12).-In Re: GERTRUDES V. SUSI AND ORDER This is a Verified Petition for the Reconstitution of the Original Copy of Transfer Certificate of Title No. 376157 of the Registry of Deeds of Quezon City and for the issuance of New Owner's Duplicate Certificate filed by petitioners, through counsel, Atty. Alberto H. Habitan. It is alleged that petitioner, Gertrudes V. Susi is the registered owner of a parcel of land covered by Transfer Certificate of Title No. 376157 of the Registry of Deeds of Quezon City; that the Original copy of the said TCT kept in the Office of the Registry of Deeds was not included among those titles saved during the fire that razed the Quezon City Hall on June 11, 1988; that the Owner's Duplicate of the said TCT was issued in the name of the said petitioner, but the same was included among those documents that were lost while in their possession; that petitioners executed an Affidavit of Loss; that the Owner's Duplicate Certificate of Title was in full force and effect at the time the original copy thereof was burned; that it was not the subject of any litigation or investigation, administrative or judicial regarding the genuineness and authenticity of its issuance; that the Certificate of Title was free from all liens or encumbrances when it was lost or destroyed during the said conflagration; that the subject property had been declared for taxation purposes; that taxes had been paid prior to the filing of the instant petition; and that the adjoining owners of the subject lot are as follows: NE - Lot 23, (LRC) Psd-69685 declared under T.D. No. E-00802595 Gertrudes V. Susi No. 12-C Mapagbigay Street, Teachers Village, Quezon City SE SW Before: Lot 14, (LRC) Psd-69685, Now: Lot 21, (LRC) Psd-69685, declared Now: Lot-36, Psd-75493, declared Guardian joins Gertrudez V. Susi as coIt is further alleged that petitioner, Andito petitioner because he has an interest to protect since he is the buyer of the subject property. Finding the Petition to be sufficient in form and substance, set the initial hearing of this Petition on February 15, 2013 at 8:30 o'clock in the morning, at which date and time, all interested persons are directed to appear and show cause why the Petition should not be granted. Let a copy of this Order be published, at the expense of the petitioner, in the Official Gazette once a week for two (2) consecutive weeks and the same be posted at the bulletin board of the Quezon City Hall, bulletin board of the Quezon City Hall of Justice, at the bulletin board of this Court, and at the Barangay Hall of the Barangay where the subject property is located, at least thirty (30) days prior to the scheduled date of hearing. Furthermore, let a copy of this Order, Petition and Annexes be furnished the Office of the Solicitor General, the City Prosecutor's Office, Land Registration Authority, Register of Deeds of Quezon City, Department of Environment and Natural Resources and the adjoining owners of the property, at the expense of the petitioners. SO ORDERED. Quezon City, Philippines, November 15, 2012. (Sgd.) TITA MARILYN PAYOYO-VILLORDON [53, 1] Presiding Judge REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION LRC CASE No. Q-31714 (12).—In Re: Petition for the Judicial Reconstitution of Original Certificate of Title and Issuance of a New Owner's Duplicate Copy of Transfer Certificate of Title No. 267050 in Lieu of the Lost One. CALIXTO LEGASPI (represented in this act By his Attorney-in-Fact, MRS. RUTH T. BEJAR, Petitioner AMENDED ORDER AND NOTICE OF HEARING Petitioner, through counsel, filed a verified Amended Petition on November 22, 2012, praying that after due notice, posting, publication and presentation of evidence, an order be issued directing the Register of Deeds of Quezon City to reconstitute the original copy of Transfer Certificate of Title No. 267050 and to issue a new owner's duplicate copy in the name of CALIXTO LEGASPI thereof, after payment of the prescribed fees. Petitioner, alleges he is of legal age, single, and a resident of No. 19 Pajo St., Sta. Mesa Heights, Quezon City, Philippines while his Atty.-in-Fact, Mrs. Ruth Bejar, is 052379-10 likewise a Filipino, single and a resident of No. 36 Lanete Road, Pilar Village, Brgy, Pilar, Las Piñas City. Petitioner is the legal, absolute and registered owner of a parcel of land situated in Brgy. Culiat, District of Tandang Sora, Quezon City described as Lot 7 Marquez St., Union Village, Brgy. Culiat, Quezon City covered by TCT No. 267050 issued by the Registry of Deeds of Quezon City more particularly described as follows: "A parcel of land (Lot 7, Block 3 of the subdivision plan [LRC] Psd-15015]. being a portion of Lot 678-B-1-B, [LRC] Psd-139268, LRC Rec. No 5975), situated in the Barrio of Culiat, Dist. of Tandang Sora, Quezon City, Island of Luzon. Bounded on the NE., points 1 to 2 by Lot 4; on the SE., points 2 to 3 by Lot 8, on the SW., points 3 to 4 by Lot 17 (Road 10.00ms. Wide) and on the NW., points 4 to 1 by Lot 6, all of the subdivision plan. Beginning at a point marked “1” on plan being N, 63 deg., 55 'E., 371.76 ms. from L.M. 16, Piedad Estate; thence S. 67 deg., 80' E., 16. ms. to point 2; thence S. 20 deg. 26 'W 25.02 m. to point 3,; thence N. 68 deg. 45' W., 16.00 ms. to point 4, thence N. 20 deg. 28'E., m. to point of beginning Containing and area of Four Hundred Four (404) square meters, more or less. All points referred to are indicated on the plan and marked on the ground by P.S. Cyl. Conc. Mons. 15x60 cm. Bearing true; date of the original survey, July 1- Dec. 14, 1907 and that of the subdivision survey, executed by Geodetic Engineer Simcion Ayala, Jr. October 24, 1971." The above property was acquired by the petitioner from Union Village Corporation on November 8, 1979 through a deed of Absolute Sale but was only registered in the Assessor's Office on August 13, 2012. The petitioner has been paying the realty tax on the property under the name of Union Village Corporation. Petitioner attached a list of Adjacent Owners as prepared and Certified by the Assessor's Office to confirm that petitioner is indeed the owner of Lot 7, Block 3 of the subdivision plan (LRC) Psd150151 being a portion of Lot 678 -B-1-B, [LRC) Psd-139268, LRC Rec. No. 5975), situated in the Barrio of Culiat, Dist. of Tandang Sora, Quezon City. The TCT No. 267050 indicates that Lot 7 of the said subdivision plan was erroneously written because it should be Psd-150153. Verification of Psd150151shows that it belongs to Mr. Eugenio Lina and situated in Lipa City, Batangas and containing an area of 445 sq. meters. It's Lot no is 1909-A (LRC) Psd-28828. Sometime in December 2007, before Petitioner left for the United States, he entrusted all his documents on the above described property, including the Owner's Duplicate Copy of TCT No. 267050, to Mrs. Ruth Bejar with a request that she attends to the payment of its realty tax. The following year, Mrs. Bejar went to the Assessor's Office and brought the duplicate copy of TCT No. 267050 which was being asked by the said office. Unfortunately the said duplicate copy could no longer be found in her possession when she was on her way home prompting her to immediately return to the said office the following day but the person whom she talked to before was absent. She only was able to talk to the said personnel two days after and was told that the duplicate title was already returned to her before she left the office on the first day. Mrs. Bejar then went to the Register of Deeds to secure the Owner's Duplicate Copy of the said time. But then she was told that the office was razed by fire on June 1988 and all the records were burned, thus, she was not able to obtain a copy of the aforesaid title. She then confessed it's loss to the petitioner when the latter visited her at her address. Petitioner, after hearing of this and after understanding her predicament executed a notarized Petition for the Administrative Reconstitution of the Original copy of TCT No. 267050 complete with the Affidavit of Loss. And handed the same to Mrs. Bejar and no co-owners or other duplicates of said Certificate of Title has been issued. The property is in possession of the petitioner, who through his representatives, regularly visit or inspect the same. It is vacant. It has no building or improvement, but is already surrounded by houses except its frontage which is facing the existing road. The said property is also free from all liens and encumbrances of any kind whatsoever. There exist no deeds or instruments affecting the subject property which has been presented for and pending registration to this date in the office of the Register of Deeds of Quezon City. Wherefore, the verified amended petition is hereby given due course and set for initial hearing on April 8, 2013 at 8:30 o'clock in the morning at the Session Room of Branch 84 of this court located at Room 105, Hall of Justice Building, Quezon City Hall Complex, Quezon City at which place and on said date and time appointed, all interested persons are enjoined to appear and show cause if any why this petition should not be granted. Let a copy of this Order and Notice of Hearing be published twice in successive issues of the Official Gazette and posted at the expense of the petitioners at least thirty (30) days prior to initial hearing at the following: 1. Main Entrance of the Quezon City Hall; 3. Bulletin Board of this Court 4. The Office of the Clerk of Court and Furthermore, let a copy of this Order and Notice of Hearing together with copy of the petition and its annexes be served also at the expense of the petitioner, upon the following: 7. 8. The Adjoining Property Owners and/or their Representatives to appear and/or Intervene in this case. Atty Jovencio Y. Fajillan- Hernz Arcade No. 481 Real Street, Almanza I, Las Piñas City. 9. Calixto Legaspi - No. 19 Pajo St., Sta. Mesa Heights Quezon City. 10. Ruth Bejar - No. 36 Lanete Road, Pilar Village, Brgy, Pilar, Las Piñas City. 11. Brgy. Culiat, Tandang Sora, Quezon City, 12. Ricardo and Salud Linsangan (Adjacent property owners in NE: Lot-4 [LRC], Psd150151) Quezon City. -145 Parkway, T. Morato Ave., Quezon City. 13. Sps. Antonio and Catalina Feliciano (Adjacent property owners in SE Lot-8 [LRC] Psd-150151) Union Village Subdivision, Culiat, Quezon City. 14. Efren and Jovita Juaneza (Psd Adjacent property owners in NW Lot-6 [LRC] Psd150151) No. 115-D 10th Ave., Cubao, Quezon City. 15. City Engineer's Office (for city road adjoining property Lot-17 [Road lot] LRC Psd-150151) Quezon City Hall Compound, Quezon City. Surigao del Norte; Bernandina B. Whereas, a verified petition dated April 2, 2012 has been filed by the petitioner, praying that after notice and hearing, judgment or order be issued by this Honorable Court granting the instant petition and directing the cancellation of the old decree of registration for Lot No. 3568 under Decree No. 584942 issued on February 18, 1936 and thereafter issue a new decree and the corresponding original certificate of title (OCT) pursuant to the latter decree in the name of the adjudicatees or original owners Spouses Guillermo Anting and Maria Antallan. The aforesaid lot is more particularly described as follows: "A Parcel of Land, (Lot 3568 of the cadastral survey of Surigao, Cad-234) situated in the Barrio of Macopa, Municipality of Anao-aon, Province of Surigao del Norte, Island of Mindanao. Bounded on the NE., E. and SE., along lines 6-7-8-9 by Anao-aon River, on the S., along lines 9-10-1-2-3-4 by Lot 3569; on the SW., at point 4 by Lot 7231, and on the NW., along lines 4-5 and 5-6 by Lot 3567 and Lot 3566, respectively, all of the cadastral survey of Surigao, Cad-234. Beginning at a point marked "1" on plan, being S. 04 deg. 19' E., 581.80 m. from BBM No. 11, Cad-234, Surigao Cadastre; Thence S. 54 deg. 17' W., 15.25 m. to point 2; Thence S. 84 deg. 40' W., 190.96 m. to point 3; Thence N. 66 deg. 52' W., 99.42 m. to point 4; Thence N. 52 deg. 07' E., 331.89 m. to point 5; Now, therefore, notice is hereby given that the above-entitled case will be heard on February 22, 2013 at 8:30 o'clock in the morning at the Session Hall of this Court sitting at Bulwagan ng Katarungan, Capitol Compound, Surigao del Norte, Surigao City, All persons who may have an interest in this petition may appear on the aforesaid date and place to show cause why the petition should not be granted. Let this Notice of Hearing be published at the expense of the petitioner once a week for two consecutive weeks in the Official Gazette. Let this notice be likewise posted on the main entrance of the Surigao City Hall, Surigao del Norte Provincial Capitol, and Barangay Hall of Macopa, Anao-aon, Surigao del Norte at least thirty (30) days prior to the date of scheduled hearing. Witness, the HON. VICTOR A. CANOY, Judge of this Court, this 26th day of July, 2012, at Surigao City, Philippines. ORDER Whereas a verified petition dated October 10, 2012 was filed with this Court by petitioner, Catherine Co Dy, praying after due notice and hearing an order be issued ordering the Register of Deeds, Tarlac City to reconstitute TCT No. 99782 which is alleged to have been missing and cannot be found. That petitioner is the Attorney-in-fact of the vendee of a certain parcel of land known as TCT No. 99782 at the cadastral survey of Tarlac situated in the Bo. San Sebastian, Tarlac City, Municipality of Tarlac, Province of Tarlac, containing an area of 322 (Three Hundred Twenty Two) square meters. The adjoining lots are: North: East Road Lot 26 East: Hermogenes Hipolito, married to Angelita Hipolito-Tarlac City South: West Felipe Cajuvom - San Sebastian, T.C. West: Philippine Rusi Corp. 5456 Legaspi St. Dumaguete City That original copy is missing and cannot be found in the files of the Office of the Register of Deeds of Tarlac as certified by the employees of the Register of Deeds of Tarlac. Wherefore, order is hereby given that on March 4, 2013, 1:30 P.M. the petition is set for hearing at Regional Trial Court, Br. 63, Tarlac City at which date and time, all interested persons may appear to show cause if any, why the petition should not be granted. Let this Order be published, at the expense of the petitioner, in two successive issue of the Official Gazette, the last publication of which should not be less than thirty days before the date of hearing. Furnish copies of this order and the petition to the owners of the properties adjoining the property which title is sought to be reconstituted, for their information and guidance. |