City Treasurer, executed a Final Bill of Sale in favor of the petitioner duly acknowledged before a Notary Public on June 26, 2007; that on November 15, 2006, he is in actual possession of the above-described property and he has been paying the real property taxes up to the present year of 2013; that the Original Transfer Certificate of Title No. 35294 which was kept in the Registry of Deeds of Quezon City, was not included among those saved titles during the fire that razed the Quezon City Hall Building last June 11, 1988; that as a consequence, the said title was burned, destroyed or lost, as evidence by a Certification dated May 3, 2013, issued by the Registry of Deeds of Quezon City; that the aforesaid TCT No. 35294 was in full force and effect at the time it was burned, destroyed or lost, in the said Registry of Deeds; that he filed an Amended Petition for Confirmation of Final Bill of Sale and Entry of New Certificate of Title to Alexander C. Catolos, docketed as LRC Case No. 25359 (08), Regional Trial Court, Branch 104, Quezon City; that the Honorable Court, Branch 104, issued an Order dated April 04, 2012; that the said Order has become final and executory as evidence by a Certificate of Finality; that no co-owner or other duplicates of said title have been issued; that no deed or other instrument affecting the property embraced in and covered by TCT No. 35294 has been presented or is pending registration in the Registry of Deeds of Quezon City; that there is no record of improvement on the subject lot, as evidenced by a Certification dated May 6, 2013, issued by the City Assessor's Office of Quezon City; that the said title is not the subject of litigation or investigation, administrative or judicial, regarding its genuineness or due execution or issuance; that he has no knowledge or information of any person or entity who may have interest in the said property; that the Technical Descriptions of Lot 752-B-1, Psd- 21048, covered by TCT No. 35294, issued by the Department of Environment and Natural Resources, NCR, Manila, dated August 30, 2012 and the Plan of Lot 752-B-1, Psd21048, duly certified by Geodetic Engineer Nestor G. Javier, are hereto attached; that these Technical Descriptions and Plan of Lot 752-B-1, Psd-21048 could be the sources for the reconstitution of TCT No. 35294, pursuant to Sec. 3(F) of the Republic Act No. 26; that the adjoining lot Owners of the land covered by TCT No. 35294, as evidence by a Certification issued by the City Assessor of Quezon City, are as follows: SE: Before: Lot-795-C Now Don Marcos Avenue SE: And SW: Before: Lot-794, Pcs-13 Now: Lot-4, (LRC) Pcs-6118, declared under T. Kalaw Investment, Inc. Lot-3 (LRC) Pcs-6118, declared under T.D. No. E-024-01664 T. Kalaw Investment, Inc. No. 612 Marbella I, Roxas Boulevard, Pasay City Lot-17, Block-1, (LRC) Pcs-1053, declared under T.D. No. E-024-01634 Roberto M. Munoz, married to Alita Munoz Quiambao St., Tierra Bella Subd., Tandang Sora, QC NW: Before: Lot-752-A, Pcs-13 Now Luzon Avenue Lot-20, Block-1 (LRC) Pcs-1053, declared under T.D. No. E-024-07949 De Guzman Nicolas Realty and Trading Corporation No. 4 Green Tech. Street, University Hills, Caloocan City Lot-19, Block-1 (LRC) Pcs-1053, declared under T.D. No. E-024-1633 Jose Orencia No. 22 Demetria Reynaldo, Tierra Bella Subd., Tandang Sora, Quezon City Lot-18, Block-1 (LRC) Pcs-1053, declared under T.D. No. E-024-05663 Jesusa Sonora Poe (Widow) and Mary Grace Poe Llamanzares m/to Teodoro Misael Llamanzares (1/4) No. 23 Lincoln Street, West Greenhills, San Juan, Manila Lot-4, (LRC) Pcs-6118, declared under T.D. No. E-024-01658 T. Kalaw Investment, Inc. No. 612 Marbella I, Roxas Boulevard, Pasay City Lot-5, (LRC) Pcs-6118, declared under T.D. No. E-024-05515 T. Kalaw Investment, Inc. No. 612 Marbella I, Roxas Boulevard, Pasay City NE: Before: Lot 795-C, Pcs-13 Now: Luzon Avenue Petitioner likewise alleges that the property covered by TCT No. 35294, designated as Lot 752-B-1, Psd-21049, is declared for taxation purposes under Tax Declaration No. E-024-08233, issued by the City Assessor of Quezon City; that Petitioner has been paying the real estate taxes of the property, covered by TCT No. 35294, up to the Full Year of 2013, as evidence by Real Property Tax Bill and Official Receipt, issued by the City Treasurer of Quezon City; that these Tax Declaration No. E-024-08233 and Real Property Tax Bill and Official Receipt, could be sources for reconstitution of TCT No. 35394, pursuant to Sec. 3(f) of Republic Act No. 26; and that he respectfully submits in connection with this petition, Tax Receipts, which are strong evidence of possession as no one in his right mind would pay taxes year after year for property not in his actual possession. Petitioner prays that an Order be issued directing the Register of Deeds of Quezon City to reconstitute the Original Transfer of Title No. 35294; and that for such other reliefs as may just and equitable under the premises. Wherefore, finding the verified petition to be sufficient in form and substance, the same is set for hearing on December 12, 2013 at 8:30 o'clock in the morning, Session Hall of Branch 223 of this Court, at which date and time, petitioner and counsel are directed to appear to substantiate the allegations of the petition and to produce proofs of ownership of the subject parcel of land. Likewise, all interested persons may appear and show cause why the petition should not be granted. Further, within five (5) days from receipt of this Order, the Register of Deeds of Quezon City and the Administrator of the Land Registration Authority are hereby directed to file their comment on the aboveentitled petition. Let a copy of this Order be published in two (2) successive issues of the Official Gazette, and let the same be posted at the main entrance of the Quezon City Hall and at the bulletin board of the Office of the Clerk of Court, Regional Trial Court of Quezon City, at the Barangay Hall of the barangay where the property is located, and at the premises of the property itself for a period of thirty (30) days prior to the date of the initial hearing of the petition, all at the expense of the petitioner. Further, let copies of this Order be served upon the petitioner at 180 Tandang Sora Avenue, Brgy. Tandang Sora, Quezon City; the adjoining owners in their respective addresses; the Office of the Solicitor General at 134 Amorsolo Street, Legaspi Village, Makati City; the Register of Deeds of Quezon City; the Regional Executive Director, DENR-NCR, 1515 DENR By the Bay Building, Roxas Blvd., Ermita, Manila; the Land Registration Authority, East Ave., Quezon City; and the Office of the Quezon City Prosecutor, all at the expense of the petitioner. The petitioner is directed to deposit to the Office of the Clerk of Court of the Regional Trial Court of Quezon City the amount of One Thousand Pesos (P1,000.00) to defray the expenses for the service of the Order and posting Notices of the petition by the Process Server/Sheriff of this Branch of the Court, subject to its liquidation, following the procedure provided under Section 10, Rule 141 of the Rules of Court. SO ORDERED. Quezon City, Philippines, July 26, 2013. (Sgd.) CARIDAD M. WALSE-LUTERO [41, 42] Presiding Judge The amended petition alleges that petitioner Polygon Investors and Managers, Inc. is the registered owner of a parcel of land consisting of 873 square meters and 60 square decimeters situated in Quezon City and covered by TCT No. 203753; that petitioner acquired the said property and the improvements thereon from Jose L. Africa and Lourdes A. Africa by way of a Dacion En Pago dated September 27, 1974; that the said property was formerly covered by TCT No. 143144 at the time it was conveyed by its owners, Jose Africa and Lourdes Africa; that the original of the said title (TCT No. 203753) on file with the Registry of Deeds of Quezon City was destroyed during the fire that razed the Quezon City Hall building on June 11, 1988; that the Owner's duplicate copy of said title was in custody of petitioner's then President Jose L. Africa, who passed away in 1995 without turning over the physical possession of the said owner's duplicate copy of said title and despite efforts to locate the same, it could no longer be found; that an Affidavit of Loss dated June 27, 2005 stating circumstances surrounding the loss of said title had been executed by Atty. Victor Africa and it was reported to the Registry of Deeds of Quezon City; that petitioner did not mortgage or deliver the Owner's duplicate Certificate of Title to any person or entity as guarantee for the payment of any loan or obligation; that the subject title was in full force and effect at the time the original copy thereof was burned and that the same was free from all liens or encumbrances when it was lost during the said conflagration; that the owners of lots adjoining the property covered by TCT No. 203753 are: on the North West by Lot 49C-2-B-1-Psd-8152 in the name of The Metropolitan Water District with address at Katipunan Avenue, Quezon City; on the North East by Lot 32, Block 13, Psd-35337 in the name of Edmundo Soriano married to Ma. Cecilia Soriano of No. 5 Dagohoy St., Ayala Heights Village, Old Balara, Quezon City; on the South East by Street; on the South West by Lot 34-A (LRA) Psd392130 in the names of Spouses Joel M. Sta. Ana and Analiza C. Ano of Xavierville Royale Condominium, Unit 512, Block 6; by Lot 34-C (LRA) Psd-392130 in the name of Gold Crest Development Management, Inc. of No. 2 Anonas St., corner Aurora Blvd., Quezon City; by Lot 34-D (LRA) Psd-392130 in the names of spouses Ronnie Vicente C. Lagnada and Maria Vicente C. Lagnada of No. 164 Imadejas Subdivision, Butuan City; by Lot 34-E (LRA) Psd-39210 in the names of spouses Dennis A. Lanuza and Corazon D. Lanuza of No. 35 National Highway, Kumintang Ibaba; by Lot 34-F (LRA) Psd392130 in the names of spouses Demetrio L. Bajet and Emma C. Bajet of No. 223 J.P. Rizal St., Poblacion, Pulilan, Bulacan and and by Lot 34-G (LRA) Psd-392130 in the names of spouses Elpidio C. Castillo and Mariflor P. Castillo of No. 518 Don Enrique Heights, Quezon City; and that the property subject of this petition and the improvement constructed thereon are declared for taxation purposes under Tax Declaration No. E-056-00650 and D-056-10139; and that the lot subject of this petition is being occupied by the petitioner. Wherefore, let this amended petition be set for hearing before this Court located at Room 238, Second Floor, Hall of Justice, Diliman, Quezon City on January 29, 2014 at 8:30 o'clock in the morning at which place and on which date and time, all interested persons must appear and file their opposition/s to the petition. Let copy of this Order be published twice in successive issues of the Official Gazette and copies thereof be posted at the main entrance of Quezon City Hall, at the bulletin boards of the Office of the Clerk of Court, Regional Trial Court, Quezon City of this Branch and in the Barangay Hall of the Barangay where the property is situated at least thirty (30) days before the date of hearing at petitioner's expense. Further, let copies of the Order, together with the amended petition and its annexes be served upon the Registry of Deeds of Quezon City, the Land Registration Authority, Office of the Solicitor General, Office of the City Prosecutor of Quezon City and the Department of Environment and Natural Resources-NCR and the adjoining lot owners also at petitioner's expense. SO ORDERED. Finding the petition to be sufficient in form and substance, let the same be, as it is hereby set for initial hearing on February 4, 2014 at 8:30 a.m. on which date and time, any and all persons who may oppose thereto may file their opposition. 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. Likewise, let this Order be published once in the newspaper of general circulation to be selected through raffle to be conducted by the Executive Judge of this Court. Further, let a copy of this Order, together with a copy of the petition and its annexes be served upon the Office of the Registry of Deeds for Valenzuela City, the Administrator of the Land Registration Authority, the Director of the Department of Environment and Natural Resources, Regional Office in Quezon City, the Office of the Solicitor General and the adjoining lot owners or the Barangay Captain where the subject property is located, for their Quezon City, Philippines, September 5, information and comment/opposition. 2013. SO ORDERED. August 15, 2013, Valenzuela City. (Sgd.) LILIA MERCEDES ENCARNACION A. GEPTY REPUBLIC OF THE PHILIPPINES LRC No. 55-V-12.-Petition for Judicial FELIZA FERNANDO, NAPOLEON FERNANDO and REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION SAN CARLOS CITY, PANGASINAN SPECIAL PROCEEDINGS CASE NO. SCC-A-201339.-In Re: Petition for Reconstitution of the Original Copy of Transfer Certificate of Title No. 20845 of the Register of Deeds of Lingayen, Pangasinan. HEIRS OF THE LATE SPS. RAFAEL LOMBOY BUYAO AND CANDIDA CASIPIT TORRALBA by representation and now represented by their Attorney-in-Fact Loreta Mejia Maguelang, and other Heirs similarly situated who may wish to join, Petitioners ORDER A verified petition dated July 23, 2013 has been filed by petitioners Heirs of the late Sps. Rafael Lomboy Buyao and Candida Casipit Torralba, by representation and now represented by their Attorney-inFact, Loreta Mejia Maguelang, and other Heirs similarly situated who may wish to join through counsel praying that the Transfer Certificate of Title No. 20845 of the Register of Deeds, Lingayen, Pangasinan be reconstituted since said title could not be found in the custody and safekeeping of the Register of Deeds of Lingayen, Pangasinan and the same is presumed to be lost per the Certification issued by the Registry of Deeds for Lingayen, Pangasinan which is attached and marked as Annex "H" to the petition filed. The petitioners Heirs of the late Sps. Rafael Lomboy Buyao and Candida Casipit Torralba, by representation and now represented by their Attorney-in-Fact, Loreta "A parcel of land (Lot No. 2, plan Psu-13011) with all buildings and improvements, except those herein expressly notes as belonging to other persons situated in the Barrio of Tomling, Municipality of Malasiqui. containing an area of Fourteen Thousand Four Hundred Seventy Five (14,475) Square Meters, more or less." Finding the petition to be sufficient in form and substance, the same is hereby set for hearing on December 9, 2013 at 8:30 o'clock in the morning, at which date and time, all persons having interest thereto, may appear and show cause, if any, why the petition should not be granted. Let this Order be published at the expense of the petitioners twice in successive issues of the Official Gazette and posted in the main entrance of the Municipal Hall of Malasiqui, Pangasinan and Provincial Capitol of Lingayen, Pangasinan at least thirty (30) days prior to the hearing. Let a copy of this Order and the Petition be furnished the Office of the Solicitor General, Makati City; Administrator of the Land Registration Authority, Quezon City; National Printing Office, Quezon City; Office of the Provincial Prosecutor, San Carlos Mejia Maguelang and other Heirs similarly City, Pangasinan, Register of Deeds for the Province of Pangasinan, Lingayen, Pangasinan; Director of the Bureau of Lands, Manila; Regional Technical Director of DENR, Land Management Bureau, Regional Office No. 1, San Fernando, La Union; Secretary to the Sangguniang Panlalawigan, Lingayen, Pangasinan, Secretary to the Sangguniang Pambayan, Malasiqui, Pangasinan; Office of the Barangay Captain San Julian and Tomling, Malasiqui, Pangasinan; Office of the Governor, Provincial Capitol, Lingayen, Pangasinan; Office of the Mayor, Malasiqui, Pangasinan; Mr. Juan Bautista Buyao, Mr. Pedro dela Masa; Mr. Castor De Guzman; and Mr. Raymundo Camorongan of Tomling, Malasiqui, Pangasinan. SO ORDERED. |