Republic of the Philippines

REGIONAL TRIAL COURT

8th Judicial Region
BRANCH ____

TACLOBAN CITY

IN RE: PETITION TO AMEND/ALTER

TRANSFER CERTIFICATE OF TITLE
No. T-41255 TO CONFORM WITH
TRANSFER CERTIFICATE OF TITLE
No. T-2843 with the Register of Deeds
of Tacloban City.

LRA Case No. ________

GLEE PROPERTIES CORPORATION

Represented by GASPAR E. LLAMAS
Petitioner.
-versusREGISTER OF DEEDS
OF TACLOBAN CITY.
Respondent.
x-------------------------------------------------------------x

PETITION
PETITIONER, through counsel, and pursuant to the provision of Section
108 of Presidential Decree No. 1529, most respectfully avers: THAT
1. Petitioner GLEE PROPERTIES CORPORATION is a duly organized
corporation existing under the Philippine laws, with business address at 172 P.
Burgos St., Tacloban City, represented by herein by its corporate president
GASPAR E. LLAMAS, of legal age, Filipino, married, with residence at No. 4 cor.
Real and P. Burgos Sts., Tacloban City by virtue of the Board Resolution1.
2. Sometime on 3 March 1995, petitioner submitted to the Register of
Deeds of Tacloban City a JOINT DEED OF ASSIGNMENT 2 executed by Sps.
Gaspar M. Llamas, Sr. and Encarnacion Enriquez Llamas dated 7 February
1995, assigning certain real properties to petitioner, including Transfer
Certificate of Title No. T-28433, which is a derivative title of OCT No. 23026.

Annex A Board Resolution

Annex B Joint Deed of Assignment dated 7 February 1995
3
Annex C TCT No T-2843 in the name of Encarnacion E. Llamas
2

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3. On same date, the REGISTER OF DEEDS OF TACLOBAN CITY
issued an ACKNOWLEDGMENT RECEIPT4 for the Joint Deed of Assignment,
together with the original copies of OCT and/or TCT and other documents
necessary for the issuance of new copies of TCTs to herein petitioner. Among
these necessary documents is Decree No. 6975625, which bears the original
descriptions for all lots covered by the titles stated in the Deed of Assignment and
the Certificate Authorizing Registration6 of all these titles.
4. On 9 November 1995, the Register of Deeds of Tacloban City issued a
CERTIFICATION 7, claiming partial releases of subsequently issued TCTs in favor
of petitioner while those involving TCT No. T-2843 inter alia are still on process of
registration and transfer in this Registry.
5. Then on 3 March 1995, the Register of Deeds of Tacloban City issued
Transfer Certificate of Title No. T-412558 in the name of GLEE PROPERTIES
CORPORATION, which cancelled Transfer Certificate of Title No. T-2843.
6. It can be perused that TCT No. T-2843 contains two (2) parcels of land,
namely Lot No. 4331 and Lot 4335. These Lot No. 4331 and Lot No. 4335 are
covered by Tax Declaration No. 004002449 and Tax Declaration No.
0040019810, both in the name of Encarnacion Enriquez Llamas.
7. But when the transfer was made by the Register of Deeds from TCT
No. T-2843 to TCT No. T-41255, the latter only contains one (1) parcel of land,
namely Lot 4331, which was particularly described as follows:
A parcel of land (Lot No. 4331 of the
Cadastral Survey of Tacloban), situated in the Barrio
of Cabalawan, City of Tacloban. Bounded on the N by
the Baroguan Daco River; on the E by Lots Nos. 4334
and 4330; and on the SW and W by Lot No. 4330. x x
x containing an area of SIXTY-FIVE THOUSAND SIX
HUNDRED AND SIXTY-EIGHT (65,668) SQUARE
METERS, more or less.

Annex D Acknowledgment Receipt by Register of Deeds dated 3 March 1995

Annex E Decree No. 697562 dated 16 March 1939
6
Annex F Certificate Authorizing Registration
7
Annex G Certification by Register of Deeds of Tacloban City dated 9 November 1995
8
Annex H TCT No. T-41255 for Lot 4331 in the name of GLEE PROPERTIES CORP.
9
Annex I Tax Declaration No. 00400244 for Lot 4331 in the name of Encarnacion E. Llamas
10
Annex J Tax Declaration No. 00400198 for Lot 4335 in the name of Encarnacion E. Llamas
5

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8. To reiterate, the aforementioned Transfer Certificate of Title No. T-41255
on file with the Register of Deeds of Tacloban is a transfer from TRANSFER
CERTIFICATE OF TITLE No. T-2843 issued on 2 February 1967 by the Register
of Deeds of Tacloban City in the name of ENCARNACION ENRIQUEZ LLAMAS,
which covers two (2) parcels of land and particularly described as follows:
1. A parcel of land (Lot No. 4331 of the
Cadastral Survey of Tacloban), situated in the Barrio
of Cabalawan, City of Tacloban. Bounded on the N by
the Baroguan Daco River; on the E by Lots Nos. 4334
and 4330; and on the SW and W by Lot No. 4330. x x
x containing an area of SIXTY-FIVE THOUSAND SIX
HUNDRED AND SIXTY-EIGHT (65,668) SQUARE
METERS, more or less.
2. A parcel of land (Lot No. 4335 of the
Cadastral Survey of Tacloban), situated in the Barrio
of Cabalawan, City of Tacloban. Bounded on the NE
and NW by Lot No. 4331; on the SW by the
Cabalawan Creek. x x x containing an area of
THIRTY FOUR THOUSAND SEVEN HUNDRED AND
FORTY (40,740) SQUARE METERS, more or less.
9. On 21 March 2007, petitioner by counsel wrote a LETTER 11 to the
Register of Deeds of Tacloban City, requesting that appropriate legal
administrative action be taken on the manifest error in the transfer of TCT No. T2843, containing Lots 4331 and 4335, to TCT No. T-41255, that deleted Lot No.
4335. However, no definite action was taken by said office until now. Hence, this
case.
10. No deed or other instrument affecting the property described therein
has been presented, or is pending registration in the Office of the Register of
Deeds of Tacloban City.

WHEREFORE, it is respectfully prayed of the Honorable Court, after due

notice and hearing, to order the Register of Deeds of Tacloban City to correct its
manifest error in the transfer of TCT No. T-41255, and to amend/alter said TCT
No. T-41255 to conform with its predecessor TCT No. T-2843 as found in the files
of the Register of Deeds of Tacloban City.
Such other relief and remedies just and equitable in the premises are also
prayed for.

11

Annex K Lawyers letter to ROD dated 21 March 2007

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Tacloban City. July 4, 2007.
LEO S. GIRON
Counsel for the Petitioner
253 Avenida Veteranos, Tacloban City
Roll No. 37379
IBP Lifetime No. 00733
PTR No. 6100976; 1-2-07; Tacloban City

VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING
I, GASPAR E. LLAMAS, of legal age, Filipino, married and a resident of
Tacloban City, after having been first sworn according to law, hereby depose and state:
THAT--I am the incumbent president of herein petitioner-corporation, and authorized by
a Board Resolution No. ________ dated ______________ to represent the petitioner
corporation in the above-entitled case; that I have caused the foregoing PETITION and
its Annexes to be prepared and filed; that I have read and fully understood all the
allegations therein contained; and that the same are all true and correct according to my
own personal knowledge and belief, and based on genuine and authentic documents;
and further,
I CERTIFY that petitioner corporation has not commenced any action against the
respondent for the same cause and over the same subject matter, nor has it commenced
any other action or proceeding which is pending in the Supreme Court, Court of Appeals,
or any other tribunal or agency; and that if there is any such action or proceeding which
is either pending or may have been terminated, I will state the status thereof; and if I
should hereafter learn that a similar action or proceeding has been filed or is pending
before the Supreme Court, Court of Appeals or any other tribunal or agency, I will
undertake to report the fact within five (5) days therefrom to this Honorable Court
wherein the original pleading and sworn certification contemplated in Administrative
Circular No. 04-94 dated 8 February 1994 has been filed.
IN WITNESS WHEREOF, I have hereunto set my hand this ___________ at
Tacloban City, Philippines.
GASPAR E. LLAMAS
Affiant
SUBSCRIBED AND SWORN to before me this ________ at Tacloban City,
Philippines.
Doc. No. ____
Page No. ____
Book No. 53
SERIES OF 2007
COPY FURNISHED: (Reg. Mail with return card due to distance)
Register of Deeds of Tacloban City
Tacloban City

The Solicitor General

134 Amorsolo St., Legaspi Village
Makati City