Republic of the Philippines
REGIONAL TRIAL COURT
Fourth Judicial Region
BRANCH _____
San Pablo City, Laguna
IN MATTER OF PETITION FOR
CORRECTION OF ENTRY under LRC. CASE NO.:_____________
SECTION 108 OF P.D. No. 1529 IN
THE TRANSFER CERTIFICATE OF
TITLE (TCT) NO. 075-2023009271;
SPS. ARTURO S. CATINDIG &
PATRICIA A. CATINDIG, and
JEORGE V. BUBAN, JR.,
Petitioners;
REGISTRY OF DEEDS SAN PABLO
CITY, LAGUNA
Respondents.
x-------------------------------------------------------x
PETITION
COMES NOW, Petitioners through undersigned counsel and unto
this Honorable Court most respectfully aver:
1. That Petitioners, SPOUSES ARTURO S. CATINDIG and
PATRICIA A. CATINDIG; and JEORGE V. BUBAN, JR. are of legal
ages, Filipinos and with residence and postal address at Barangay
Tagapo, Santa Rosa City, Laguna to which they may be served with
summons, notices, orders and other processes of the Honorable Court;
2. That the OFFICE REGISTRY OF DEEDS SAN PABLO CITY,
LAGUNA is impleaded as public respondent, being the custodian and
public repository of registered and unregistered real property in the
Province of Laguna, with office address at Trece Martirez St., Barangay
IV-A, Dagatan Blvd., San Pablo City, Laguna to which it may be served
with summons, notices, orders and other processes of the Honorable
Court;
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3. That the petitioners are the present absolute and registered
owners of a parcel of land situated at Barangay Manaol 1 (Sibulan),
Nagcarlan, Laguna and covered by Transfer Certificate of Title No.
075-2023009271 by Registry of Deeds San Pablo City, Laguna and
that they have bought the covered real property from Bernard
Castañeda sometime of September 2022 which is more particularly
described to wit:
Transfer Certificate of Title No. 075-2023009271
“A parcel of land of Psu-228957, being S. 59-06 E., 2217.65 m. from BLBM
No. 1., Barrio of Manaol,1 Mun. of Nagcarlan, Province of Laguna; Thence
N. 7-51 W., 20.51 m. to point 2; N. 9-13 W., 23.17 m. to point 3; N. 6-42 W.,
11.09 m. to point 4; N. 81-49 E., 26.82 m. to point 5; N. 79-16 E., 14.45 m.
to point 6; N. 78-04 m. E., 16.02 to point 7; S. 16-46 m. E., 3.68 m. to point
8; S. 18-36 m. E., 16.52 to point 9... … containing a land total area of
THREE THOUSAND ONE HUNDRED NINETY EIGHT (3,198) SQUARE
METERS, more or less, xx xxx”
4. Petitioners attached hereto copy of the Owner’s Duplicate of the
Transfer Certificate Title No. 075-2023009271 as EXHIBIT “D” to “D-
1”, the Deed of Absolute Sale dated September 01, 2022 executed by
Bernard Castañeda and herein petitioners as EXHIBIT “E” to “E-1”,
and the certified copy of the cancelled Transfer Certificate of Title No.
T-110284 (80573) issued by the Registry of Deeds San Pablo City as
EXHIBIT “F” to “F-2”, respectively and made integral part of the
instant petition;
5. That petitioner, Jeorge V. Buban, Jr. has been named by his co-
petitioners as their Attorney-in-fact due to the fact that they often
indispose and suffering health issues because of old age. Copy of the
Special Power of Attorney dated October 14, 2024 executed by Spouses
Arturo S. Catindig and Patricia A. Catindig is attached hereto as
EXHIBIT “G”.
6. That the current assessed and market value of the aforesaid
real property as reported by the Office of Municipal Assessor of
Nagcarlan, Laguna is FOURTEEN THOUSAND THREE HUNDRED
FORTY PESOS (P14,340.00), and FORTY-ONE THOUSAND and
96/100 CENTAVOS (P41,000.96), respectively. Certified Copy of
Tax Declaration No. 17-00040-00318 is attached hereto as
EXHIBIT “H”, and made the same integral part hereof;
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Entry in the Owner’s Duplicate of TCT No. 075-2023009271, subject of judicial correction.
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7. That the Real Property Tax of the subject property is duly paid
and updated as shown by the certified copy of Tax Clearance dated
March 12, 2024 and issued by the Office of the Municipal Treasurer of
Nagcarlan, Laguna attached hereto as EXHIBIT “I”;
8. That sometime of July 2024, herein petitioners decided to sell
the subject property, since Spouses Catindig were already in their old
age and that they need additional funds for their medicine and health
maintenance. Also, petitioner Jeorge Buban, Jr. agreed with such
decision considering that his residence is now in Santa Rosa City, Laguna
making for him difficult to oversee his share of the subject property;
9. That, upon finding a buyer for afore-described subject property,
petitioners commenced the procurement of the needed supporting
documents in the Office of the Municipal Assessors of Nagcarlan,
Laguna. Therefrom they found out that the tax declaration of the
covered property was not yet updated being remain in the name of the
former owner Bernard Castañeda and they also discovered an apparent
discrepancy and incorrectness of the actual and physical location of the
covered real property appearing in their Owner’s Duplicate Copy of
Transfer Certificate of Title No. 075-2023009271, by virtue and in
reference of the latest Tax Declaration of the subject covered real
property issued by said office which revealed that the correct location
should be “Barangay Sibulan” instead of “Barangay Manaol”. For
reference we bracketed and sub-marked the entry of location in Tax
Declaration No. 17-0040-00318 of the covered real property as
EXHIBIT “H-1” and the location written in the Owner’s Duplicate copy
of TCT No. 075-2023009271 as EXHIBIT D-2; as well as in the
cancelled certified copy of Transfer Certificate of Title No. T-110284
(80573) as EXHIBIT “F-3”, respectively;
9. That, at the time when petitioners applied for the latest certified
copy of the Tax Declaration of the subject property when the Office of
the Municipal Assessor concern has appraised them of said discrepancy
or incorrect entry pertaining to the actual location of the covered real
property in its Owner’s Duplicate Certificate of title;
10. That under Section 108 Presidential Decree No. 1529, as
amended, through Court order, it allows the correction of entry in the
certificate of title of parcel of land which we quote in this wise:
“Section 108. Amendment and alteration of certificates. No
erasure, alteration, or amendment shall be made upon the
registration book after the entry of a certificate of title or of a
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memorandum thereon and the attestation of the same be Register
of Deeds, except by order of the proper Court of First Instance. A
registered owner of other person having an interest in registered
property, or, in proper cases, the Register of Deeds with the
approval of the Commissioner of Land Registration, may
apply by petition to the court upon the ground that the
registered interests of any description, whether vested,
contingent, expectant or inchoate appearing on the certificate,
have terminated and ceased; or that new interest not appearing
upon the certificate have arisen or been created; or that an
omission or error was made in entering a certificate or any
memorandum thereon, or, on any duplicate certificate; xx
xxxx xxxx xxx or upon any other reasonable ground; and the court
may hear and determine the petition after notice to all parties in
interest, and may order the entry or cancellation of a new
certificate, the entry or cancellation of a memorandum upon a
certificate, or grant any other relief upon such terms and
conditions, xxx xxxxx x.” [EMPHASIS SUPPLIED]
11. That according to the Municipal Assessors of Nagcarlan,
Laguna as well as of the Land Management Bureau of the Department
of Environment and Natural Resources (DENR-LMB), the correct location
of the covered property lies in Barangay Sibulan, Nagcarlan, Laguna and
NOT in Barrio Manaol as written in the subject transfer certificate of
title. We attached and marked hereto as EXHIBIT “J” the Copy of the
Certification dated August 06, 2024 issued by the Office of the Municipal
Assessor of Nagcarlan, Laguna as well as the corresponding certified
copy of Municipal Tax Mapping as EXHIBIT “J-1”; the Certified copy of
Land Mapping for Nagcarlan Cadastre Cad. 535, Case 20 as well the
corresponding Lot Data Computation of the subject real property
indicating its correct and actual location issued by the Office of the
Department of Environment and Natural Resources (DENR) Region IV-
A as EXHIBITS “K” to “K-1”, and “L” to “L-1”, respectively and made
them integral part of this Petition;
12. That, the correct and actual location of the covered real
property has been affirmed and confirmed by the authorities of the
Office of Barangay Sibulan as well as of the Office Barangay Manaol as
shown by the copy of the Certifications to such fact issued by aforesaid
Barangay Offices which attached and marked hereto as EXHIBITS “M”
and “N”, respectively;
13. That, the Owner’s Duplicate of Transfer Certificate of Title No.
075-2023009271 remain in the possession of the petitioners has been
surrendered and in the possession of the petitioners without any
incumbrance or undue adverse annotations thereof;
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14. In view of the above-described legal impediment and the
above-quoted applicable law, and to prevent or avoid future doubts and
serious boundary dispute with the adjoining owners, it is respectfully
submitted that Petitioners are now entitled to the amendment and/or
correction of entry of the actual and physical location of the covered real
property in the TCT No. 075-2023009271;
15. That neither the petitioners nor any of their successors in
interest have conveyed, sold, mortgaged or otherwise disposed the
above-described real property covered by the subject transfer certificate
of title.
16. That there are no other available legal remedies for the
petitioners to cause the correction of the entry of location in the
aforesaid certificate of title hence this petition.
17. That no similar petition had been commenced or pending
before any Administrative Agencies or Courts in the Philippines that
would prejudice any person/s or the State.
PRAYER
WHEREFORE, Premises considered, it is most respectfully prayed
to this Honorable Court that upon due notice and hearing, the instant
petition be Granted, and to issue an Order directing the Registry of
Deeds San Pablo City, Laguna to cause the correction of entry of the
true and actual location in TRANSFER CERTIFICATE OF TITLE No.
075-2023009271, from “BARRIO OF MANAOL” to “BARRIO OF
SIBULAN” in Municipality of Nagcarlan, Province of Laguna.
Other reliefs just and equitable under the premises are likewise
respectfully prayed for.
RESPECTFULLY SUBMITTED.
For San Pablo City, _____________, Santa Cruz, Laguna.
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R.B. EVANGELISTA LAW OFFICES
Counsel for the Petitioner
Rm 101 St. Martin Square Bldg., P Guevara Ave.
4009 Santa Cruz, Laguna
(049)501-2606 / 0922-839-8557
Email Add: rbevangelistalawoffice@gmail.com
By:
REYNALDO B. EVANGELISTA
IBP No. 223960, 12/31/2023, Laguna
PTR No. 2298200, 01/03/2024, Laguna
Rolls of Attorney No. 69791
th
MCLE 7 Comp. No. 0006019, until April 14, 2025
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VERIFICATION AND CERTIFICATION
We, SPS. ARTURO S. CATINDIG & PATRICIA A. CANTIDIG;
and JEORGE JR V. BUBAN, of legal ages, Filipinos, and resident of
Barangay Tagapo, Santa Rosa City, Laguna, after having been duly
sworn to in accordance with law, depose and state that:
1. We are the petitioners in the above-stated petition.
2. We caused the preparation of the foregoing petition.
3. We have read the contents thereof and the facts stated therein
are true and correct of our personal knowledge and/or on the
bases of the copies of documents and records in my possession.
4. We have not commenced any other action or proceeding
involving the same issues in the Supreme Court, the Court of
Appeals, or any other tribunal or agency.
5. To the best of our knowledge and belief, no such action or
proceeding is pending in the Supreme Court, the Court of
Appeals, or any other tribunal or agency.
6. If we should thereafter learn that a similar action or proceeding
has been filed or is pending before the Supreme Court, the
Court of Appeals, or any other tribunal or agency, we undertake
to report that fact within five (5) days therefrom to this
Honorable Court.
ARTURO S. CATINDIG PATRICIA A. CATINDIG
Affiant/Petitioner/Principal Affiant/Petitioner/Principal
TIN 900-423-565-000 OSCA ID No. 032935
By:
JEORGE JR V. BUBAN
Affiant/Petitioner/Attorney-in-Fact
Driver’s Lic. ID No. N03-97-040330
SUBSCRIBED AND SWORN to before me this _______________ at
________________ affiants exhibiting to me credible evidence of identity
written below their names.
Doc No.: _______;
Page No.: ______;
Book No.:_______;
Series of _______.
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