REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH __________, QUEZON CITY
IN THE MATTER OF PETITION FOR
CANCELLATION OF ENCUMBRANCE
PURSUANT TO SECTION 7 OF REPUBLIC
ACT NO. 26 on Transfer Certificate of
Title No. 004-2018006834
ISSUED BY THE REGISTER OF DEEDS OF
QUEZON CITY
LRC CASE NO.
MA. LOURDES LAGMAN MARRIED TO GORGONIO RANGEL JR.
ADELYN LAGMAN MISA MARRIED TO GONZALO BURGOS MISA
JOCELYN LAGMAN APACIBLE MARRIED TO CESAR INCIONG APACIBLE
represented by their Attorney-In-Fact
GONZALO BURGOS MISA
Petitioners,
x--------------------------------------------------------------x
PETITION
Petitioner, through the undersigned counsel and unto this Honorable Court
respectfully avers THAT:
1. Petitioners are of legal age, Filipino Citizen, with residence address at
No. 26 Hillside Loop Blue Ridge A Subdivision, Quezon City, herein represented
by their Atty-in-Fact GONZALO BURGOS MISA, also of legal age, Filipino citizen,
with residence address at No. 26 Hillside Loop Blue Ridge A Subdivision, Quezon
City, where they may be served with summons and other court processes of this
Honorable Court. Copy of Special Power of Attorney is hereto attached as Annex
‘A”
2. Petitioners are the registered owners of a parcels of land presently
covered by Transfer Certificate of Title No. 004-2018006834 issued by the
Register of Deeds of Quezon City Certified copy of which are hereto attached as
Annex “B”;
3. At the back of Transfer Certificate Title No. 004-2018006834 is an
encumbrance pursuant to Sec. 7 of R.A. 26 which reads as follows:
"Pursuant to Sec. 7 of Rep. Act No. 26, this certificate of title the
original of which having been administratively reconstituted is without
prejudice to any party whose right or interest in the property was duly noted
on said duplicate on the time it was lost or destroyed. ”
4. More than two (2) years have already elapsed since the annotation of the
same and nobody has filed any claim or interest against the subject property,
accordingly the said encumbrance may now be cancelled. A Certification issued by
the Registry of Deeds to that effect is hereto attached as Annex “C”;
5. The above-described property was declared for taxation purposes. Copies
of the Tax Declaration for Land and Improvement ate hereto attached as Annexes
“D” & “D-1” and Tax Clearance for Land and Improvement are hereto attached as
Annexes “D-2” & “D-3”
PRAYER
WHEREFORE, it is most respectfully prayed of this Honorable Court, that
an Order be issued directing the Register of Deeds of Quezon City, to cancel the
encumbrance at the back of Transfer Certificate Title No. 004-2018006834
pursuant to Section 7 of R.A. 26.
Petitioners further pray for such other relief and remedies just and equitable
under the premises.
Quezon City, September 11, 2018
ATTY. CECILIO C. LUMANTAO
Counsel for the petitioner
No. 27 Santan St., Myrna’s Subdivision,
Pingkian, Brgy. Pasong Tamo, Quezon City
Attorney’s Roll No. 14679
IBP No.AR000406 January 3, 2018
PTR No. 5522593, January 3, 2018
MCLE NO. V-0007525 / 5-13-15
VERIFICATION AND CERTIFICATION
OF NON-FORUM SHOPPING
I, GONZALO BURGOS MISA, also of legal age, Filipino citizen, with residence
address at No. 26 Hillside Loop Blue Ridge A, Subdivision, Quezon City, under
oath hereby depose and state THAT:
1. I am the Atty-in-fact of the petitioners in the above entitled petition;
2. I have caused the preparation of the foregoing petition;
3. I have understood the contents thereof which are true and correct of my
own personal knowledge and based on authentic documents/records;
4. I have not commenced any action or proceedings involving the same
parties and issues in the Supreme Court, Court of Appeals, or in any
other tribunal or agency and to the best of my knowledge, no such action
or proceedings is pending before any courts, tribunal or agency;
5. Should I learn thereafter that a similar action involving the same parties
and issues is filed or pending in the foregoing bodies, I undertake to
inform this Honorable Court within five (5) days from knowledge
thereof;
IN WITNESS WHEREOF, I have hereunto affixed my signature this
________ day of September 2018 in Quezon City.
GONZALO BURGOS MISA
Affiant
SUBCRIBED AND SWORN to before me this________ day of September
2018 in Quezon City, affiant exhibited to me his competent identification written
below her name together with the photocopy of the same bearing his picture and
signature.
NOTARY PUBLIC
Doc No.
Page No.
Book No.
Series of 2018
