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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
QUEZON CITY, BRANCH ___

IN RE: CANCELLATION OF
ENCUMBRANCE UNDER
SEC. 7 RA 26 ANNOTATED
IN TCT NO. ___ OF
REGISTRY OF DEEDS OF
QUEZON CITY,

LRC. NO. _____________

SPOUSES ___ represented

by their Attorney-in-Fact ___
Petitioners,
x---------------------------------x

PETITION
COMES NOW, petitioners, through counsel, and unto this
Honorable Court, respectfully submit this Petition and further aver
that:

1. Petitioners are of legal age, Filipinos and residents of

No. _____ Quezon City. They shall be represented in this case by
their Attorney-in-Fact Denise ____ as evidenced by hereto
attached Special Power of Attorney marked as Annex A.

2. The petitioners can be served with the processes of

the Honorable Court through the undersigned counsel’s address at
______.

3. Petitioners are the registered owners of a parcel of

land situated in Tandang Sora, Quezon City, Metro Manila
described in Transfer Certificate of Title No. ____ issued by the
Registry of Deeds of Quezon City. A certified true copy of the title
is hereto attached as Annex B.

4. Attached also in this petition are Tax Declarations

covering the subject lot and improvement erected thereon issued
by the Office of the City Assessor of Quezon City with the name of
the spouses as declared owners thereof. The tax declarations are
respectively marked as Annexes C and D.

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5. Petitioners have been religiously paying the real

property taxes of the property as evidenced by hereto attached
Tax Clearances showing that the realty taxes have been paid for
the full calendar year of 2020. The tax clearances on the lot and
improvement thereon are respectively marked as Annexes E and
F.

6. The subject title is a derivative of an administratively

reconstituted Transfer Certificate of Title No. ___. Pursuant to
Section 7 of RA 26, a two-year lien was annotated in the
Memorandum of Encumbrances of the subject title on December
12, 1997 which reads:

‘‘Pursuant to Sec. 7 of Rep. Act No. 26, this

certificate of Title is without prejudice to any party
whose right or interest in the property was duly
noted on the Original or Reconstituted Certificate of
Title No. __ at the time it was lost or destroyed.’’

This annotation is herein marked as Annex B-1 on page 3

of the subject certificate of title.

7. As proof that the subject title is a derivative of

reconstituted ___, certified true copies of the administratively
reconstituted title and the title issued following its cancellation are
hereto attached and marked accordingly:

TCT No._ Annex P

TCT No. _ Annex Q

8. The two-year lien expired on December 12, 1999

without anybody claiming rights or interest thereon, as per
Certification dated February 27, 2020 issued by the Registry of
Deeds of Quezon City, marked as Annex I.

9. Accordingly, the lien annotated in the Memorandum of

Encumbrances of the subject title may now be cancelled by virtue
of Section 9 of RA 26 which provides that:

Sec. 9 ‘‘A registered owner desiring to have

the reconstituted certificate of title be freed from
any encumbrance mentioned in Section 7 of this
Act may file a petition to that end with the proper

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Court of First Instance (now Regional Trial Court)

giving this reason or reasons therefore xxx.’’

10. Petitioners, by way of this petition, now desire to have

the afore-cited encumbrance cancelled.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed

of this Honorable Court that after due notice and hearing, an order
be issued directing the Registry of Deeds of Quezon City to cancel
the subject encumbrance under Section 7 of RA 26 from TCT No.
No. ___.

Quezon City, March 19, 2020.

______
Counsel for the Petitioners
, Quezon City
IBP Lifetime No. __/Q.C.
PTR No. __/1-7-20/Q.C.
Roll No. __
MCLE Compliance No. VI-0022416
April 14, 2022