You are on page 1of 6

REPUBLIC OF THE PHILIPPINES)

CITY OF CAGAYAN DE ORO ) S.S.

AFFIDAVIT OF LOSS

I, ROSE P. ARENAS, of legal age, Filipino, married and with residence and

postal address at Tomas Saco corner C. Fernandez Sts., Barangay 1, Cagayan de Oro

City, under oath depose and says:

:1. That I am one of the legitimate and surviving heirs of the late Tomas Pimentel

who during his lifetime was the owner of a parcel of land containing an area of

THREE THOUSAND FOUR HUNDRED THIRTY SIX (3,436) square meters situated

at C. Fernandez St., Barangay 1, Cagayan de Oro City registered in his name

under Original Certificate of Title No. 6920;

2. That after the death of Tomas Pimentel on ____________ in Cagayan de Oro City,

subject property was partitioned and subdivided among his children and direct heirs in

the following manner:

Lot No. Designated Recipient Area


Lot 512-A Pedro Pimentel 615 sq. m.
Lot 512-B Nemesio Pimentel 615 sq. m.
Lot 512-C Private Alley 244 sq. m.
Lot 512-D Ramon Pimentel 894 sq. m.
Lot 512-E Barbara Pimentel 641 sq. m.
Lot 512-F Jose Pimentel 427 sq. m.

with the subdivision survey approved by the Land Registration Commission on

September 14, 1960 under PSD No. 10377;

3. That while new transfer certificates of titles were issued in favor of the heir,

a portion thereof referred to as Lot 512-C with an area of Two Hundred Forty

Four (244) square meters, more or less, which was intended and set aside for

use as a “private alley” remained under co-ownership;

4. That the exact metes and bounds of Lot 512-C is as follows:

“A parcel of land (Lot 512-C,( LRC) Psd-10877, being


a portion of Lot 512, Cagayan Cadastre, Cad 237) situated in
the City of Cagayan de Oro, Isalnad of Mindanao. Bounded
on the North., along line 4-1 by Del Mar Street, on the East.,
along line 1-2 by Lot 512-D (LRC) Psd-10977, on the
South., along line 2-3 by Arroyo Creek, on the West, along
line 3-4 by Lot 512-B, (LRC) Psd-10877. Beginning at point
marked “1” on plan being N. 59 deg. O6’W., 110.56 ms.
from B.B.M. No. 02, Cagayan Cadastre, Cad-237.

thence S. 13 deg. 13’W., 48.59 ms. to point 2;


thence N. 70 deg. 08’W., 5.00 m. to point 3;
thence N. 138 deg. 27’E., 50.58 ms. to point 4;
thence S. 58 deg. 40’’E., 5.01 ms. to point of

beginning. Containing an area of TWO HUNDRED FORTY


FOUR (244) square meters, more or less.”
5. That for all intents and purposes, Lot 512-C stood as the only remaining

portion of the property covered by Original Certificate of Title No. 6920

issued in the name of Tomas Pimentel;

6. That ;

1. However, none of the petitioners-heirs is aware as to who had custody

of the Owner’s Duplicate Copy of said Original Certificate of Title No.

6920 or its whereabouts;

2. As serious efforts to locate and find said Owner’s Duplicate Copy have

remained futile, same has constrained petitioners to consider and

declare the same as forever lost and null and void, and to petition the

court for the issuance of a new Owner’s Duplicate Copy of Original

Certificate of Title No. 6920.

SECOND CAUSE OF ACTION. . .

3. During its subdivision, petitioners had set aside Lot 512-C for as a

private alley to maximize its use by allowing them easy egress and

ingress of the other portions, and in the process opting that said

property remain under common ownership and for which they have

religiously paid the corresponding taxes thereon, as per latest Tax

Declaration and Tax Receipts hereto attached and marked as Annex

“E” and “F”, respectively;


4. With the construction by the government of the 5 th Kagay-an Bridge

nearby, said Lot 512-C together with portions of adjacent properties

was appropriated, taken over and used, without just compensation

paid, by the City Government of Cagayan de Oro as part of a series

of access roads for use by the general l public, as per copy of bridge

site plan hereto attached and marked as Annex “G”;

5. By reason of the taking of Lot 512-C, petitioners through counsel had

filed a formal claim for just compensation with the government/project

proponent City Government of Cagayan de Oro, of which the latter had

already made an Appraisal Report on the value of Lot 512-C, as per

copy of the letter as well as the Appraisal Report hereto attached and

marked as Annex “H” and “I”, respectively;

6. However, the City Government of Cagayan de Oro through its City

Legal Office in a letter, a copy of which is hereto attached and marked

as Annex “J”, has further required petitioners to secure a court order

authorizing its eventual sale to the City Government of Cagayan de

Oro citing the provisions of Section 50, Presidential Decree No. 1529,

particularly paragraph 2 thereof which states”

“If a subdivision plan, be it simple or complex, duly approved


by the Commissioner of Land Registration or the Bureau of Lands
together with the approved technical descriptions and the
corresponding owner’s duplicate certificate of title is presented for
registration, the Register of Deeds shall, without requiring further
court approval of the said plan, register the same in accordance with
the provisions of the Land Registration Act, as amended: Provided,
however, that the Register of Deeds shall annotate on the new
certificate of title covering the street, passageway or open space, a
memorandum to the effect that except by way of donation in favor of
the national government, province, city or municipality, NO PORTION
OF ANY STREET, PASSAGEWAY, WATERWAY OR OPEN SPACE SO
DELINEATED ON THE PLAN SHALL BE CLOSED OR OTHERWISE
DISPOSED OF BY THE REGISTERED OWNER WITHOUT THE
APPROVAL OF THE COURT OF FIRST INSTANCE OF THE PROVINCE
OR CITY IN WHICH THE LAND IS SITUATED.”
7. As private co-owners of subject Lot 512-C, petitioners are entitled to

just compensation by reason of the taking thereof by the government

for public use, and if the petition is given due course, the petitioners

will then execute the appropriate instruments of conveyance in favor

of the City Government of Cagayan de Oro City.

PRAYER

WHEREOFRE, premises considered, it is most respectfully prayed of the

Honorable Court to issue an order:

1. Directing the Register of Deeds of Cagayan de Oro City to issue

a new Owner’s Duplicate Copy of Original Certificate of Title No.

6920;

2. Authorizing herein petitioners to sell, dispose or convey Lot 512-

C with an area of Two hundred Forty Four (244) sq. m. in favor

of the City Government of Cagayan de Oro.

Other reliefs just and equitable in the premises are also prayed for.

Cagayan de Oro City, August 14, 2008.

SALVADOR O. PACANA
For the Petitioners
2nd Fl., V. Tan Build.
Tiano-Gomez Str.,
Cagayan de Oro City
PTR No. 1666409-A-1-10-2008
IBP No. 628835 1-17-06
SC Roll of Attys. No. 37082
I, JOSUE T. VIVARES, of legal age, Filipino, married to
BERNANDINA S. VIVARES, and a resident of Airport Road,
Lumbia, Cagayan de Oro City, under oath hereby depose and
says:
1. That I am the owner and possessor of a certain parcel of
land registered in my name under Transfer Certificate of
Title No. T-98825 and particularly described as follows;

“A parcel of land (Lot 4-B-1-H-1,Psd-


10-022934 being a portion of Lot 4-B-1-H,
Psd-104305-017755) situated in the Barrio of
Lumbia Mun/City of Cag. de Oro Province of
Misamis Oriental, Island of Mindanao. Bounded
on the NW., along line 1-2 by Lot 4-B-1-C,
Psd-104305-017755; on the NE along line 2-3
by Lot 4-B-1-H-2 of the subdivision plan Psd-
10-022934; on the SE., along line 3-4 by Lot
4-B-1-I, Psd-104305-017755; and on the SW.,
along line 4-1 by Provincial Road. Beginning
at the point marked “1” on the plan being S.
3 deg. 39’W., 1853.91m. from MBM No. 5, Cad-
237, Cagayan Cadastre;
thence N.78 deg. 05’E., 28.40 m. to point 2;
thence S. 2 deg. 46’E., 10.79 m. to point 3;
thence S.78 deg. 30’W., 28.35 m. to point 4;
thence N. 2 deg. 52’W., 10.58 m. to point of
beginning; containing an area THREE HUNDRED
300) SQUARE METERS more or less”.

2. That said parcel of land was first leased to a


certain Elizabeth Gabutan, and thereafter upon agreement
with her for the sale thereof on installments, said
property was thereafter transferred and conveyed in an
absolute manner to Elizabeth Gabutan on September 10,
2007 upon payment to and receipt by undersigned of the
full purchase price of P 500,000.00;
3. That at the time I and Elizabeth Gabutan
agreed on the sale by installment and at her request for
reference purposes, a photocopy of the Original Owner’s
copy of said Transfer Certificate of Title was made and
given to her;
4. That I remember that after I made photocopies
of TCT No. T-98825, I placed said Original owner’s copy
inside a brown folder and went home;
5. That upon payment and delivery of the total
purchase price, I searched and soon discovered that the
said brown folder and the original owner’s copy of said
TCT. No. T-98825 placed therein was no longer there;
6. That I exerted efforts to locate the said
original owner’s copy of said TCT No. T-98825 at home
and in the places I had gone to that day but same have
yielded negative results such that I now consider the
same as forever lost and beyond recovery;
7. That undersigned and my heirs and successors-
in-interest has ceased to have any possession, ownership
or color of title over subject property;
8. That undersigned is ready and willing to
comply with all the requirements of publication and
posting of the appropriate petition, affidavit of loss
and similar requirements as required under existing
laws, rules and regulations as well as requirements
that may be imposed by the Honorable Court;
9. That prior to its loss, said original Owner’s
copy of TCT No. T-98825 was indeed in my possession and
control and that same have not been sold, mortgaged,
offered/deposited as collateral and/or security for a
loan or conveyed in favor of third persons or parties
except Elizabeth Gabutan;
10. That I am aware of a possible criminal
prosecution against my person should material allegation
indicated herein are found to be false;
11. That I execute this Affidavit of Loss to
attest to the truth of the loss of said owner’s copy of
TCT No. T-98825 while under my possession and control.

IN WITNESS WHEREOF, I hereunto affix my signature this


___ day of November 2007 in the City of Cagayan de Oro,
Philippines.

JOSUE T. VIVARES
Affiant
Com. Tax Cert. No.
Issued on
Conforme: At

BERNANDINA S. VIVARES
Spouse

SUBSCRIBED AND SWORN to before me this ____ day of


November, 2007 at Cagayan de Oro City, Philippines.

Doc. No.
Page No.
Book No.
Series of 2007