SEQUENCE OF EVENTS
Legend:
- annotated as partially cancelled TC No. 22060 TCT No. 22059
- FDC resulting titles Lot 4413-B Lot 4413-A
- TCT under DELDC Psd-07-021743 Consolidated Psd-07-021743
Sps. Osbaldo Abaiz & Epifania Abaiz Marietta Cuyegkeng
Area = 9469 sqm A = 1006 sqm
Approved Survey Plan, Pcs-07-003115
Date Filed: 14 November 1995
Date Approved: 29 November 1996
Subdivided
Abaiz sold portion of Lot 4413-B Abaiz sold the remaining area of Lot 4413-B Cuyegkeng sold Lot 4413-A
(TCT No. 22060) to Ludo & Luym (TCT No. 22060) to FDC (TCT No. 22060 or 22059) to FDC
Lot 3, Area = 430 sqm Lot 1, Area = 4203 sqm Lot 2, Area = 1006 sqm
Deed of Absolute Sale 01 February 1994 Lot 4, Area = 4836 sqm Deed of Absolute Sale 28 December 1994
RD Entry 7 March 1994 Deed of Absolute Sale 27 May 1996 RD Entry 22 June 2004
RD Entry 22 June 2004
TCT No. ? TCT No. 54424 TCT No. 54426 TCT No. 54425
Road Lot 3 Lot 1 Lot 4 Lot 2
Pcs-07-003115 Pcs-07-003115 Pcs-07-003115 Pcs-07-003115
Ludo & Luym Development Corp. Filinvest Development Corp. Filinvest Development Corporation Filinvest Development Corp.
Area = 430 sqm Area = 4203 sqm Area = 4836 sqm Area = 1006 sqm
Deed of Conveyance 01 June 2012
TCT No. ?
Road Lot 3
Pcs-07-003115
David Lu & Douglas Luym
Area = 430 sqm
Deed of Absolute Sale 17 August 2012
TCT No. ? a) September 22, 2022 - To normalize the process, RD must first fully cancel both TCT Nos. 22060 and 22059 in their
Road Lot 3 system, so the title transfer of DELDC commences. With this, as per instruction of Atty. Pelayo, DELDC must submit
Pcs-07-003115 to RD the copy of the approved consolidation-subdivision plan PCS-07-03115, which reflects the 4 resulting
DELDC
Area = 430 sqm
lots from the consolidation of TCT Nos. 22060 and 22059. DELDC can request the certified true copy of the plan
to the Registry of Deeds of Lapu-Lapu City. The document will be used as an attachment and basis of RD for the
cancellation of TCT Nos. 22060 and 22059 in their system.
b) November 9, 2022 – DELDC informed FDC that they cannot transfer the title of Lot 3, as the property was annotated
as Road Lot in the apporved survey plan. As per Atty. Pelayo of RD Lapu-Lapu City, they need to secure Court
Order prior to the registration of title under DELDC. Atty. Larida also informed FDC that he needs to report this to
their management for the final directions.
TCT NO. 35707 STATUS:
Lot No. TCT No. Registered Owner Status / Remarks
Lot 3, Pcs-07-003115 To secure Court Order for the
For issuance For registration under DELDC
(A=430 sqm) transfer of Road Lot
Cannot proceed with the title transfer
to DELDC as of the moment due to
the civil case filed by Kelly L. LuYm
and company under No. R-CEB-20-
Ludo & Luym Development
Lot 4419-A-1 35707 03708 before RTC of Cebu City, Br.
Corporation
11, which affects the title activities
for several Ludo & Luym properties,
including Lot 4419-A-1 TCT No.
35707
Title already transferred last 2021;
110-2021000502
Lot 4419-B-1 DELDC tax declaration also registered under
(formerly 35709)
DELDC
c) September 22,2022 - As mentioned, title registration under DELDC for TCT No. 35707 will be on-hold due to the civil case filed by Kelly L.
Luym, Victor Luym, Paterno Luym, Jr., Ludo & Luym Foundation, Inc., and Crane Holdings Corp. in an intra-corporate case docketed as Civil
Case No. R-CEB-20-03708 which is pending before the RTC of Cebu City, Branch 11. Due to this case, several Ludo & Luym properties,
including the property under TCT No. 35707, were annotated of Notice of Lis Pendens/Writ of Preliminary Injunction. As per instruction of
Atty. Pelayo, DELDC must deal first with this case before they can proceed with the title transfer and MOA annotation.
Attachments:
1. Civil Case No. R-CEB-20-03708
2. Approved Survey Plan, Pcs-07-03115
Prepared By: Conforme:
Engr. Randolph J. Quiling Atty. Jupiter Stalin Larida
Filinvest Development Corporation Dunes & Eagle Land Development Corporation
Cc. Atty. Virgie Lynn O. Pelayo
Acting Register of Deeds - Lapu-Lapu City
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