Petition- Abbu.docx

Republic of the Philippines REGIONAL TRIAL COURT MISAMIS ORIENTAL 10th Judicial Region Branch _____ Cagayan de Oro City IN RE: PETITION FOR THE ISSUANCE OF NEW OWNER’S DUPLICATE COPY OF TRANSFER CERTIFICATE OF TITLE NO. T102877 IN THE NAME OF ERMENIA E. ABBU IN THE OFFICE OF THE REGISTER OF DEEDS OF CAGAYAN DE ORO CITY,

MIS. CASE NO._______________

ERMENIA E. ABBU as represented by her daughter MARY HAZYLYN E. ABBU. Petitioner, REGISTER OF DEEDS OF CAGAYAN DE ORO CITY Respondent. X-----------------------------------------/

PETITION PETITIONER, by the undersigned counsel and unto this Honorable Court, most respectfully avers THAT-

1. Petitioner ERMENIA E. ABBU is a Filipino citizen, of legal age, married, and a resident of Anhawon, Bulua, Cagayan de Oro City. She is represented by her daughter MARY HAZYLYN E. ABBU likewise of legal age, Filipino, single and resident of Anhawon, Bulua, Cagayan de Oro City. A copy of the Special Power of Attorney is hereto attached and marked as Annex “A” and form an integral part hereof. 2. Respondent Register of Deeds of Cagayan de Oro City is sued as a nominal party by virtue of their official capacity as the government agency charged with the custody of titles and other documents of ownership or real properties within their area of jurisdiction, and with office address at City Health Street, Cagayan de Oro City. 3. Petitioner and the respondent may be served with summons and other legal processes of this Honorable Court at their respective addresses. Page 1 of 3

4. The petitioner is the registered owner of a parcel of land situated at Macasandig, Cagayan de Oro City as evidence by Transfer Certificate of Title No. T-192877 issued by the Register of Deeds of Cagayan de Oro City, containing an area of Two Thousand Five Hundred Ninety Nine (2, 599) square meters, more or less and more particularly described and bounded as follows, to wit: TECHNICAL DESCRIPTION Lot Portion of Lot As Surveyed for Land use Location

: : : : :

Lot 2964-A-12, Psd-10-056636 Lot 2964-A, (LRC) Psd-14323 Ermenia Edrote Abbu (Residential) Macasandig, Cagayan de Oro City

Boundaries: SE., line 5-1 by Lot 2967, Cad-237; SW., line 1-2 by Lot 2964-A-11 NW. & NE., lines 2-3-4-5 by Lot 2964-A-18, (Road Lot) Both Psd-10-056636. Beginning at a point marked “1” on plan, being S. 77 deg. 27’W., 727.45 m. from BLLM No. 43, Cad-237, Cagayan Cadastre: THENCE 1-2 N. 84 deg. 2-3 N. 03 deg. 3-4 N. 55 deg. 4-5 S. 84 deg. 5-1 S. 02 deg. Area

51’W., 65.90 m. 08’E., 37.41 m. 18’E., 3.44 m. 51’E., 62.82 m. 38’W., 39.62 m.

:Two Thousand Five Hundred Ninety Nine (2,599) sq. m. more or less

Bearing Description of Corner Original Date Survey : Subdivision Date Survey: Date Approved Geodetic Engineer :

: True : all pts. Are PS. Nov. 1926-July 1932 March 9, 2006 : April 29, 2008 Calvin C. Fernandez

For reference, Certified Electronic Copy of Transfer Certificate of Title No. T- 192877is hereto attached as Annexes “B” to “B-3” and made an integral part hereof 5. The owner’s duplicate copy of title of the above-described parcel of land is lost. Petitioner is one of the victims of Tropical Storm "Sendong" that entered the country last December 16 2011. Before the tropical storm "Sendong" crossed the island of Mindanao, petitioner was living with her family at their old house located at Macasandig, Cagayan Page 2 of 3

de Oro City covered by Transfer Certificate of Title No. T-192877. That due to the said tropical storm "Sendong" petitioners’ house was washed out by floodwaters, as well as all their household items including the duplicate original copy of the said title. 6. Serious and earnest effort to locate said title was exerted by the petitioner but proved futile, as the same is still not found, even to this date. Hence, for all legal intents and purposes it is now deemed lost and beyond recovery. In view thereof, petitioner executed an Affidavit of Loss dated 19 March 2019, such being with respect to the lost title. The Affidavit was transmitted and duly recorded with the Register of Deeds of Cagayan de Oro City to inform the said office of such loss and the intention to file this instant case. A copy of the Affidavit of Loss is hereto attached and marked as Annex “C” and form an integral part hereof 7. The said title has not been mortgaged or used as a collateral of any obligation within any third party or banking or financing or lending institution, and the same has not been sold or otherwise disposed nor any transaction or document relating to the same presented for or pending registration in the Office of the Registry of Deeds of the Cagayan de Oro City. PRAYER WHEREFORE, premises considered, it is most respectfully prayed unto this Honorable Court that after notice and hearing the owner’s duplicate copy of Transfer Certificate of Titles No. T- 192877, which was lost be ordered null and void and that the Register of Deeds of Cagayan de Oro City be ordered to issue a new owner’s duplicate copy of title of which will be given full faith and credence as that of the original. Such other relief and remedies, consistent with justice and equity are likewise prayed for. Cagayan de Oro City, Philippines, 19 March 2019.

COLLADO & ASSOCIATES

Door 3, Cahilog Bldg., Zone- 1 Apovel Highway, Bulua, Cagayan de Oro City By: ATTY. ROLAND E. COLLADO Counsel for the Petitioner Roll No. 67493 TIN No. 409-403-218-000 IBP OR No. 073353:02-08-19/ PTR No. 4174886: 02-01-19 MCLE COMPLIANCE NO.: VI-0016308 Valid Until 04-14-22 Page 3 of 3