Allgemein

Sample Form Petition for Cancellation of Adverse Claim Philippines

SUBJECT: APPLICATION FOR ANNULMENT of an unfavourable claim in TCT No. 018-2011001191SPS. DWIGHT V. BLACK and SOFIA S. RELLAMA-BLACK, The Supreme Court ruled in the case of Spouses Jesus Ching and Lee Poe Tin against Spouses and Husbands and Groom Adolfo and Arsenia Enrile (GR 156076, 17 September 2008) by Presiding Judge Teresita Leonardo de Castro that there is no automatic annulment of an unfavourable application. A verified cancellation application must first be filed in court to determine the accuracy or insufficiency of the adverse claim, namely: „In the same case, we have determined that as long as there is no application for cancellation, the notice of the adverse claim remains: So: I own a property in the province that I used as collateral in a loan agreement, which I have completed. I did not pay the loan at the beginning and my creditor caused the annotation of his unfavorable claim on my title. However, I was able to pay the full amount of the loan. I would now like to see the unfavourable allegation that was commented on in my title repealed. Do I still have to file an application to cancel the adverse claim in court, or will the same be considered automatically cancelled? `xxx. The unfavourable indication shall be valid for a period of 30 days from the date of registration. At the end of that period, the annotation of the unfavourable claim may be revoked following the submission of a verified request by the interested party.

Provided, however, that no second unfavourable application for the same reason is filed by the same claim after deletion. 8. Before the sale of the parts on 2. In April 2011, the petitioners verified the status of the 9th Baron in the register of deeds of the city of Baguio. Before and during the competitions, the shipowners bought the land in question from Tito J. Rimando through his lawyer Richard Banana, that is, part of a piece of land owned by Tito J. Rimando, which was covered by Title Transfer Certificate No. 018-2010002760;10. When the petitioners purchased the property on April 2, 2011, they checked the copy of TST file No.

018-2010002760 in the Baguio City Records Register and found no adverse claims from the defendant, and even when the petitioners caused the certificate authorization registration notice issued by the BIR, there were no comments on April 8, 2011 regarding the respondents` adverse claims burden;11. The applicants became aware of the defendant`s adverse claims only when the new transfer certificate was issued on their behalf by the Baguio Register of Documents; 15. That the respondent applicant was compelled by the activity to secure the services of a defence lawyer and to bring the present action and to spend in the present case an amount of 15,000.00 pesos; PRAYERSHALB is respectfully requested, in accordance with the law and taking into account the fact that the unfavorable claim has lost its effective prejudice, that, according to an appropriate procedure, an order be registered ordering the Registry of Deeds of the City of Baguio to cancel registration No. __, as on the certificate of transfer of ownership No. __ and order the defendant ___ to pay 15,000.00 in attorneys` fees and costs for this action; Such other reliefs, which can be just and just under the place, are also prayed. „If the raison d`être of the law was that the unfavourable claim of ipso facto losing power and effect after thirty days, then it would not have been necessary to include the above reservation in order to clarify and supplement the rule. Because then no unfavorable claim should be canceled. If it had been automatically terminated by the mere passage of time, the law would not have obliged the party of the party without interest to act unnecessarily.

(Emphasis added) xxx. In Sajonas v. Court of Appeal of 1996, we have declared that a notice of adverse claims remains valid even after the expiry of the 30-day period provided for in Article 70 of 1529. Article 70 provides: „After the expiry of this period, the commentary on the adverse claim may be revoked after the submission of a verified application by the interested party. 13. The notation of claims unfavourable to title is an unnecessary and pejorative burden on the claimant`s title and property; Therefore, it is imperative that adverse allegations be erased; 14. In addition, these unnecessary charges of adverse claims are now accompanied by annotations more than thirty (30) days after their receipt, and it is also imperative that the adverse claims be extinguished. 6. The property in question was acquired on 2 April 2011 by Tito J. Rimando`s applicants through his lawyer Richard F.

Banaa, as is apparent from a deed of sale of part of the registered land made by Tito J. Rimando for the benefit of the applicants. The property acquired by the applicants 2nd Flr., BBCCC Bldg., Cooperative St. corner Assumption Road, Baguio City With all due respect to the Court of Honour. The petitioners respectfully declare through the undersigned counsel: 1. The petitioners are both of legal age, Filipinos and residents of No. 14 Tacay Road, Pinsao Proper, Baguio City, Philippines. They may receive notices, orders, notices of judgment and other judicial proceedings from the Court of Honour from the undersigned lawyer whose address is indicated here.2. The defendant LYNNIE ANTHONETTE G.

VINO, is of age, married, Filipino citizen and has her mailing address at lot 9 Block 1 Eagle Crest Subdivision, Bakakeng, Baguio City, Philippines, and may receive a subpoena and other legal proceedings at the address indicated; 3. Spouses of the respondents EDWIN G. VALENCIA and NANCY A. VALENCIA, both of legal age, Filipino citizens and with mailing address at 40 Upper Malvar Street, Aurora Hill, Baguio City, Philippines, where they may receive subpoenas and other court cases from the Court of Honor;4. The Baguio City Records Registry Office is responsible as a necessary party with official address at the Baguio City Hall, where it can be served with subpoenas and other judicial proceedings of the Court of Honor; 5. Petitioners are the beneficial and registered owners of a particular piece of land covered by the deed number of transfer of ownership 018-2011001191, described in particular as follows: Deed of transfer of title No. . . .