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Republic of the Philippines

REGIONAL TRIAL COURT OF NEGROS ORIENTAL


7th Judicial Region
Branch ______
Dumaguete City

IN RE: PETITION FOR THE


ISSUANCE OF DECREE NUMBERS,
COVERING LOT NOs. 1169, 1167 &
1166 SITUATED IN DUMAGUETE
CITY IN CADASTRAL CASE NO. 1,
L.R.C. CADASTRAL RECORD NO. 140.
CADASTRAL
CITY OF DUMAGUETE, Herein PLEADING
Represented by its Mayor, HON. NO. _______________
FELIPE ANTONIO B. REMOLLO,
Petitioner,
-versus-
THE REGISTER OF DEEDS FOR THE
CITY OF DUMAGUETE, the LAND
REGISTRATION AUTHORITY, and
the LANDS MANAGEMENT BUREAU,
Public Respondent.

PETITION

PETITIONER, by the undersigned counsel, before the Honorable Court,


most respectfully states that:

1. Petitioner CITY OF DUMAGUETE is a local government unit


organized and existing under and by virtue of Republic Act No. 327,
represented by its City Mayor, the Honorable FELIPE ANTONIO B.
REMOLLO, Filipino Citizen, of legal age, married, and is holding
office at City Hall Building, Sta. Catalina Street, Dumaguete City,
Negros Oriental, where he may be served the processes of the
Honorable Court.

2. The Office of the Register of Deeds for the City of Dumaguete, through
the Honorable Registrar of Deeds, is impleaded herein as a formal
party/nominal party and/or public respondent because said office is
the custodian of the records of titles of real properties situated in
Dumaguete City. Said public respondent can be served with summons
and other processes of the Honorable Court at its office address located
at the Capitol Area, Dumaguete City.

3. The above-named petitioner has developed and has been in possession


of the above-mentioned parcel of land for more than nine-four (94)
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years now. Although the petitioner has been in possession of the
subject parcels of land for such length of time, said parcels of land
remain classified as public lands.

4. Petitioner, being in possession of subject parcels of land, was issued


Tax Declarations (TD) for said parcels of land under TD No. 14-0003-
00040, TD No. 14-0003-00042, TD No. 14-0003-00044, TD No. 14-0003-
00043 and TD No. 14-0004-00033. The Tax Declarations are hereto
attached as ANNEXES “A”,”B”,”C”,”D”, and ”E” respectively.

5. Petitioner has gone to the Office of the Clerk of Court and Ex-Officio
Sheriff of the Regional Trial Court for the Province of Negros Oriental
and was issued certifications stating that the said parcels of land were
included in Cadastral Case No. 1, L.R.C. Cadastral Record No. 140
decided on April 22, 1921. However no corresponding decree
numbers has been issued up to this date. The certifications are hereto
attached as ANNEX “F”, “G”, and “H”.

6. The said parcels of land has gone through public surveys with proper
narrative technical descriptions. Petitioner obtained copies of the
respective technical descriptions of the lots from the Land
Management Services of DENR-7. Attached and marked as
ANNEXES “I”, “J” and “K”, respectively, are copies of the narrative
technical descriptions duly certified by Geodetic Engr. Emiliano S.
Hormachuelos, Chief, Survey and Mapping Division of DENR-7.

7. There is now a need to have the aforementioned decision be enforced


and acted upon and that the corresponding Decree Numbers be issued
so that eventually land titles could be issued for Lot Nos. 1169, 1167, &
1166.

8. Copies of this petition are sent to the following offices, namely:

a. THE REGISTRAR OF DEEDS


Register of Deeds for the City of Dumaguete
Capitol Area, Dumaguete City

b. OFFICE OF THE SOLICITOR GENERAL


134 Amorsolo Street, Legaspi Village
Makati City 1229

c. HONORABLE ADMINISTRATOR
Land Registration Authority
LRA Building, East Avenue corner NIA Road
Quezon City, MM

d. HONORABLE DIRECTOR
Lands Management Bureau
Plaza Cervantes
Binondo, Manila

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PRAYER

WHEREFORE, it is respectfully prayed that the Honorable Court


renders judgement to enforce the decision on April 22, 1921 under Cadastral
Case No. 1, L.R.C. Cadastral Record No. 140:

1. corresponding Decree Numbers be issued for Lot Nos. 1169, 1167, &
1166 by the Land Registration Authority (LRA)

2. Direct the Office of the Register of Deeds for the City of Dumaguete
to issue new certificates of title to the said lots.

RESPECTFULLY SUBMITTED this _________________ 2017 at


Dumaguete City, Philippines.

ATTY. DORAM T. DUMALAGAN


Counsel for the Petitioner
City Hall, Dumaguete City
Roll of Attorneys No. _______
PTR. No. __________________
IBP No. __________________
MCLE No. V-_________________

ATTY. LLUVERT M. MERCADO


Counsel for the Petitioner
City Hall, Dumaguete City
Roll No. 53021 – April 26, 2007
PTR No. 1042149 – 12/23/2016
IBP No. 1500741 – 01/12/2017
MCLE No. V-0015048, until 04/04/2019

VERIFICATION AND CERTIFICATION

I, FELIPE ANTONIO B. REMOLLO, of legal age, Filipino, married, with


residence and postal address at City Hall Building, Dumaguete City, Negros
Oriental under oath hereby depose and state that:
1. I am the incumbent Mayor of Dumaguete City who is the Petitioner in the
above-entitled case;
2. I caused the preparation of the foregoing Petition;
3. I have read the same and know its contents;
4. The allegations therein are true and correct of my personal knowledge;
5. I have not commenced any action or proceeding involving the same issue
in the Supreme Court, Court of Appeals, or different Divisions thereof, or
any Tribunal or agency; and

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6. If I should learn that a similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals, or different
Divisions thereof, or any Tribunal or agency, I shall notify this Honorable
Court within FIVE (5) DAYS from such notice.

FELIPE ANTONIO B. REMOLLO


Affiant

SUBSCRIBED AND SWORN TO before me in Dumaguete City this


____________________ 2017 by HON. FELIPE ANTONIO B. REMOLLO, who is
personally known to me and who appeared and signed the foregoing instrument in
my presence within my jurisdiction, and who avowed to the truth of its contents
under penalty of law.

Doc. No. ______;


Page No. ______;
Book No. ______;
Series of 2017.

Copy furnished:

THE CITY PROSECUTOR


City Prosecution Office
Dumaguete City by personal service: ______________________

THE REGISTER OF DEEDS FOR DUMAGUETE CITY


Capitol Area, Dumaguete City by personal service: ______________________

THE LAND REGISTRATION AUTHORITY


East Avenue, Diliman, Quezon City
Registry Mail Receipt No. ________________ dated: ________________

EXPLANATION ON MODE OF SERVICE


(Pursuant to Sec.11, Rule 13, 1997 Rules of Civil Procedure)

Copy of the foregoing Petition was served to the Land Registration Authority
by registered mail due to time and distance constraint, making it impractical to serve
the same in person.

ATTY. LLUVERT M. MERCADO


Counsel for Petitioner

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