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Samson Lim Bio Hian's lawyers have written to request reconsideration of the denial of registration of a Notice of Adverse Claim regarding land title TCT 81239. They explain that Mr. Hian filed an affidavit in November 2018 claiming to be a co-owner of the land, but registration was denied on grounds that co-owners do not have rights of pre-emption or legal redemption. However, Mr. Hian and his brother filed a complaint in January 2019 questioning the legality of another co-owner's sale of his share to third parties, which sale has not been registered. The lawyers argue this pending case renders the denial moot, as it directly questions the ownership rights over the same land.

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181 views3 pages

En Consulta

Samson Lim Bio Hian's lawyers have written to request reconsideration of the denial of registration of a Notice of Adverse Claim regarding land title TCT 81239. They explain that Mr. Hian filed an affidavit in November 2018 claiming to be a co-owner of the land, but registration was denied on grounds that co-owners do not have rights of pre-emption or legal redemption. However, Mr. Hian and his brother filed a complaint in January 2019 questioning the legality of another co-owner's sale of his share to third parties, which sale has not been registered. The lawyers argue this pending case renders the denial moot, as it directly questions the ownership rights over the same land.

Uploaded by

MJ Perry
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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3 October 2019

REGISTRY OF DEEDS FOR PARAÑAQUE CITY


Municipal Hall Complex,
Dr. Santos Avenue,
Parañaque City 1700

Re: EN CONSULTA

Gentlemen:

We write in behalf of our client, SAMSON LIO BIO HIAN.


Our client has referred to us the denial of the registration of
the Notice of Adverse Claim under the Registered Land Entry
Number(s) 2018015181 involving Transfer Certificate of Title
81239.

It will be recalled that sometime on 13 November 2018,


an Affidavit of Adverse Claim (“Affidavit”) was filed by our
client stating that he is one of the co-owners of a parcel of
land located at Aguarra St., Baclaran, Paranaque City
covered by and described under TCT No. 81239 issued by this
Office.1 Consequently, on 27 September 2019, received a
copy of the Notice of Denial2(“Notice”) from this office stating
that it cannot proceed with the registration of the said Notice
of Adverse Claim under the Registered Land Entry Number(s)
2018015181 involving TCT 81239 based on the ground that the
“registrant cannot rely on the provisions of Articles 1620-1623
of the New Civil Code of the Philippines as basis of the
adverse claim as there is no right of pre-emption between
co-owners and legal redemption would be premature as the
sale of the undivided share is not yet certain”

1
A copy of the said Affidavit is hereto attached and made an integral part hereof as
Annex “A”.
2
A copy of the Notice of Denial from the Registry of Deeds for Paranaque City dated 16
October 2019 are hereto attached and made integral parts hereof as Annex “B”.
It must be emphasized that on 29 January 2019, a
Complaint for Declaration of Nullity of Deed of Absolute Sale
and Damages3 was filed by our client together with his
brother Johnson Lim Bio Tiong against their co-owner, Joaquin
Lim Eng Tian as well as against the buyers of subject parcel of
land (TCT 81239) namely: Richard V. Red and Jennelyn C.
Capio, for purposes of protecting their rights and interest over
the said land.4 It was alleged in the said complaint that on 24
September 2018, one of the co-owners of the subject
property (“Joaquin”) sold his share in favor of Richard V. Red
and Jennelyn C. Capio involving his share in the subject
parcel of land, which sale has not yet been registered with
this Office.5 The said allegation was in fact admitted by said
co-onwer in their Answer6 to the Complaint.

Clearly, the ground relied upon this office with respect


to the registration of the Notice of Adverse Claim has been
rendered moot and academic as there is now a pending
case questioning the legality of the sale entered into by one
of the co-owners and third persons covering the same parcel
of land.

The annotation of the adverse claim on the title of the


disputed property by my client is intended to apprise third
persons that there is a controversy over the ownership of the
subject land; and to preserve and protect the rights of my
client and the other co-owner.

Based on the foregoing discussion, may we respectfully


request that the Notice of Denial filed by our client be
RECONSIDERED.

Very truly yours,


3
A copy of the Complaint filed is hereto attached as Annex “C”.
4
The case is now pending before the Regional Trial Court of Paranaque City, Branch 196
(now Branch 274), entitled “JOHNSON LIM BIO TIONG AND SAMSON LIM BIO HIAN ON
JANUARY 2019 AGAINST JOAQUIN LIM ENG TIAN, RICHARD V. RED AND JENNELYN C.
CAPIO”, docketed as Civil Case No. 2019-025.
5
A copy of the Deed of Absolute Sale filed is hereto attached as Annex “D”.
6
A copy of the Answer to the Complaint is hereto attached as Annex “E”.
QUIAL GINEZ BELTRAN & YU

By:

MARY JANE C. PEREZ

With Conforme:

____________________________
SAMSON LIM BIO TIAN

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