Republic of the Philippines

REGIONAL TRIAL COURT

8th Judicial Region
Branch
Bulwagan ng Katarungan
Magsaysay Blvd., Tacloban City

IN RE: PETITION FOR THE CAD Case No.

ISSUANCE OF AN ORDER TO
SURRENDER THE OWNER’S
DUPLICATE COPY OF
TRANSFER CERTIFICATE
TITLE (TCT) NO.
CARP2014000060,
JOSTINIANO N. GACUTARA
Petitioner,

-verus-

CITY LINK PROPERTIES AND

DEVELOPMENT
CORPORATION,
REPRESENTED BY WILLARD
LIU CHAN
Respondent.
x---------------------------------x

PETITION

PETITIONER, thru the undersigned counsel, unto this

Honorable Court respectfully states that:

1. The Petitioner is a Filipino citizen, widower, of legal

age, and with residence at Brgy. Kawayan, Tacloban City
where he can be served with summons and court processes;

2. The Respondent is a Filipino citizen, married, of

legal age, and with residence at Justice Romualdez, Tacloban
City;

3. All parties herein possess the legal capacity to sue

and be sued in compliance of Rule 8, Section 4 of the Rules of
Court on Civil Procedure;

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 4. The Petitioner is one of the registered owners of a
parcel of land registered under the name of Sps. Jostiniano
Noya Gacutara and Maria dela Cruz Gacutara and covered by
Transfer Certificate of Title No. CARP2014000060, with
technical descriptions as follows, to wit:

Lot No. 2

Beginning at a point marked “1” on plan H-124186,

N 73-11’ E, 902.92 m. more or less from M.B.M No.
22-A, Tacloban Cad. No. 220, thence S. 73-01’ E.,
165.76 m. to point 2; S. 63-19’ E., 15.30 m. to point
3; S 58-08’ W., 73.56 m. to point 4; S. 72-22’ W.,
58.18 m. to point 5; S. 7-20’ W., 94.08 m. to point
6; S 64-59’ W., 41.37 m. to point 7; N 77-38’ W.,
66.20 m. to point 8; N 10-01’ E., 3.05 m. to point 9;
N 1-10’ W., 100.82 to point 10; N 14-3’ E., 158.80
m. to point 11; S. 2-11’ W., 49.09 to point 1, point of
beginning. Containing an area of 2.4925 hectares.

5. The Owner’s Duplicate Copy of Transfer Certificate

of Title No. CARP2014000060 is currently in the possession of
herein respondent as evidenced by its production and
presentation in Cad Case No. R-TAC-17-00431-LR for the
issuance of a second owner’s duplicate copy of TCT No.
CARP2014000060 whereby respondent filed a motion for
intervention and complaint-in-intervention, herein attached as
Annex “A” and “B”, and presented to the court said title to
dismiss the case;

6. The Respondent has no authority nor right to keep

in his possession said title, him not being the owner of said
property nor having any interest therein;

7. The contract entered into by the petitioner and

respondent, herein attached as Annex “C”, in which the latter
bases his right to keep in his possession said title does not
reflect the true intention of both parties, they having mutually
agreed on a contract of lease in the amount of One Hundred
Thousand (P 100,000) for a period of Ten (10) Years rather
than a contract to sell;

8. Granting for the sake of argument that a contract to

sell was indeed entered into between the petitioner and the
respondent, the same is prohibited considering that the
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property subject of the contract is a land awarded to agrarian
beneficiaries under Republic Act No. 6657 which specifically
states under Section 27:

Section 27. Transferability of Awarded Lands. —

Lands acquired by beneficiaries under this Act may not
be sold, transferred or conveyed except through
hereditary succession, or to the government, or the LBP, or
to other qualified beneficiaries for a period of ten (10)
years.

9. Considering

10. The said certificate of title has never been pledged

nor delivered to any person or entity to guarantee any
obligation or for any other purpose.

PRAYER

WHEREFORE, premises considered, it is most

respectfully payed unto this Honorable Court that an order be
issued in the following manner:

1. That this petition be given due course;

2. That an order be issued for the surrender of Transfer

Certificate of Title No. CARP2014000060;

3. That Transfer Certificate of Title No. CARP2014000060

be deposited in court while the case is still pending;

4. That this be a provisional remedy and as such, does not

bar or prejudice an action between the same parties
involving title to the property.

Other reliefs, just and equitable, are likewise prayed for.

City of Tacloban, of July 2019.

DEDETA LAW OFFICE AND NOTARIAL SERVICES

Lopez Jaena Street., Tacloban City

By:

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 ATTY. MA. CHRISTINA ERNEST M. DE OÑO
Counsel for the Petitioner
Roll of Attorneys No.
PTR No.
IBP No.

VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING

Republic of the Philippines )

City of Tacloban ) S.S.

I, Jostiniano N. Gacutara, Filipino, of legal age, and with

residence at Brgy. Kawayan, Tacloban City, after having been
duly sworn to in accordance with law, hereby depose and say:

1. That I am the petitioner in the above-entitled petition and

have caused this petition to be prepared;

2. That I have read and understood its contents which are

true and correct of my own personal knowledge and/or
based on authentic records;

3. That I have not commenced any action or proceeding

involving the same issue in any court, tribunal or quasi-
judicial agency and to the best of my knowledge, no such
other action or proceeding is pending therein; and

4. That if I should learn thereafter that a similar action or

proceeding has been filed or is pending before any court,
tribunal or agency, I undertake to report the same unto
this Honorable Court within five (5) days therefrom.

IN WITNESS WHEREFOR, I have hereunto set my hand

this ____ day of July 2019 at Tacloban City, Philippines.

JOSTINIANO N. GACUTARA
Affiant

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 SUBSCRIBED AND SWORN to before me this day
of July 2019 at Tacloban City, Philippines, affiant exhibiting to
me his .

Doc. No. ;
Page No. ;
Book No. ;
Series of 2019.