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Edited Petition-for-Mandamus

1) May L. Otte filed a petition for mandamus against the Register of Deeds of Pasay City to compel the registration of a sheriff's deed regarding a parcel of land covered by Title T-123123. 2) The Register of Deeds had refused to register the deed despite it meeting the requirements for registration. 3) Otte argues the Register of Deeds has a ministerial duty under Presidential Decree 1529 to register instruments dealing with real property that comply with registration requirements.

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Stephany Polinar
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791 views4 pages

Edited Petition-for-Mandamus

1) May L. Otte filed a petition for mandamus against the Register of Deeds of Pasay City to compel the registration of a sheriff's deed regarding a parcel of land covered by Title T-123123. 2) The Register of Deeds had refused to register the deed despite it meeting the requirements for registration. 3) Otte argues the Register of Deeds has a ministerial duty under Presidential Decree 1529 to register instruments dealing with real property that comply with registration requirements.

Uploaded by

Stephany Polinar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

Regional Trial Court


th
9 Judicial Region Branch 7,
Zamboanga City

May L. Otte,
Petitioner,

-versus- Civil Case No. 7898-89

Register of Deeds of Pasay, represented


by its Director Atty. Mario C. Madrigal

Respondent.
x-----------------------------------------x

PETITION FOR MANDAMUS

PETITIONER, by counsel, respectfully states that:


1. That petitioner is the purchaser of a parcel of land sold on execution of one
Lotty A. Sales and respondent is the agency tasked to register an
instrument dealing with real and personal property.

2. The parcel of land sold by Lotty A. Sales is covered by Transfer Certificate of


Title (TCT) No. T-123123 of the Registry of Deeds of the City of Zamboanga
and denominated as Lot 4567-A.

3. That on January 17, 2020 petitioner went before the office of the
respondent to present a sheriff’s deed for registration. Respondent refused
to register the subject deed despite the compliance with all the
requirements for registration.
4. That Register of deed has the ministerial duty to register the said sheriff’s
deed pursuant to: PRESIDENTIAL DECREE No. 1529 or otherwise known as
the PROPERTY REGISTRATION DECREE Section 10 General functions of
Registers of Deeds “The office of the Register of Deeds constitutes a public
repository of records of instruments affecting registered or unregistered
lands and chattel mortgages in the province or city wherein such office is
situated.It shall be the duty of the Register of Deeds to immediately
register an instrument presented for registration dealing with real or
personal property which complies with all the requisites for registration.”

5. Petitioner has no appeal from such decision or any plain or adequate


speedy remedy in the ordinary course of law, except this petition.

WHEREFORE, it is respectfully prayed that, after due notice and hearing, a


writ of mandamus issue commanding respondent/s forthwith to: record the
sheriff's deed to real property which had been sold under an execution., with
costs against private respondent.
LAWIN LAW OFFICE
Counsel for Petitioner
Astoria bldg. Unit 7, Zamboanga City 7000
By:
JANE G. LAWIN
PTR No.10279799;10.02.12 Zamboanga
City,
IBP No. 01936
Roll No. 369842
MCLE Compliance No. IV-
009556;02.19.11
Copy furnished:
Atty. Ernesto S. Dinopol
Counsel for Respondents
Suite 405-B, Web-Jet Bldg., 64 Quezon Avenue cor.
BMA Ave. Quezon City

Register of Deeds
Third Division
PPSTA Bldg., Banawe St.,
1100 Pasay City

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, MAY L. OTTE of legal age, after having been duly sworn in accordance with law,
depose and state that:
1. I am a plaintiff in the above-stated case;
2. I caused the preparation of the foregoing complaint;
3. I have read the contents thereof and the facts stated therein are true and
correct of my personal knowledge and/or on the basis of copies of documents
and records in my possession;
4. I 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 my 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 I 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, I undertake to report that fact within five (5) days therefrom
to this Honorable Court.

MAY L. OTTE
Affiant

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