Affidavit for Cancellation of Encumbrance

Republic of the Philippines) Marikina City) S.S

VERIFIED PETITION TO CANCEL LIEN UNDER SECTION 4 RULE 74 OF THE RULES OF COURT

I, KAREN MAE L. HERNANDEZ-PALOMIQUE, of legal age, President of Montalban Great Ridge Corporation with principal address at Don Mariano Marcos Avenue, San Jose, Rodriguez, Rizal, after having been duly sworn to in accordance with law hereby depose and state that:

1. MONTALBAN GREAT RIDGE CORPORATION (“corporation” for brevity), is a corporation duly organized and existing under Philippine laws with business address at Don Mariano Marcos Avenue, San Jose, Rodriguez, Rizal, where it may be served with notices, orders, writs and other processes to be issued by this Honorable Court. A certified true copy of the General Information Sheet (GIS) of the petitioner corporation is hereto attached and marked as Annex “A” with sub markings hereof.

2. The corporation is represented in this Affidavit by its President, Karen Mae L. Hernandez as shown by a Secretary’s Certificate authorizing her to   sign this  Affidavit. A certified true copy of the Secretary’s Certificate is hereto attached attached and and marked as Annex “B” hereof.

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3. Montalban Great Ridge Corporation is the registered owner of four (4) parcels of land situtated at Barangay San Isidro, Rodriguez (formerly Montalban), Rizal consisting of 13, 194 and 672 square meters, 356 square meters and 240 square meters, respectively.

4. The said parcels of land are covered by Transfer Certificates of Title Nos. 0092011005096, 009-2011005095, 009-2011006100 and 009-2011006104, copies of which are hereto attached and marked as Annexes “C” “D” “E” and “F” with sub markings. 5. On page 3 of the TCT Nos. 009-2011006100 and 009-2011006104, there appears on the Memorandum of Encumbrances an annotation of similar Encumbrance dated July 1, 2011 under Entry No. 2011007038, quoted hereunder as follows:

“LIABILITIES

UNDER SECTION 4, RULE 74: TO CREDITORS, HEIRS AND OTHER PERSONS UNLAWFULLY DEPRIVED OF PARTICIPATION IN THE ESTATE OF THE DECEASED FELIX HERNANDEZ, AS EXTRAJUDICIALLY SETTLED FOR A PERIOD OF TWO (2) YEARS PURSUANT TO SECTION 4, RULE 74 OF THE RULES OF COURT. DATE OF INSTRUMENT: MARCH 04, 2011”

6. Likewise, on page 3 of the Transfer Certificates of Title Nos. 009-2011005096, 009-2011005095, there appears on the Memorandum of Encumbrances an annotation of similar Encumbrance dated July 1, 2011 under Entry No. 2011007036, quoted hereunder as follows:

“LIABILITIES

UNDER SECTION 4, RULE 74: TO CREDITORS, HEIRS AND OTHER PERSONS UNLAWFULLY DEPRIVED OF PARTICIPATION IN THE ESTATE OF THE DECEASED FELIX HERNANDEZ, AS EXTRAJUDICIALLY SETTLED FOR A PERIOD OF TWO (2) YEARS PURSUANT TO SECTION 4, 2

RULE 74 OF THE RULES OF COURT. DATE OF INSTRUMENT: MARCH 04, 2011”

7. Section 4, Rule 74 of the Rules of Court states as follows: “Sec.4. Liability of distributes and estate. - If it shall appear at any time within two (2) years after the settlement and distribution of an estate in accordance with the provisions of either of the first two sections of this rule, that an heir or other person has been unduly deprived of his lawful participation in the estate, such heir or such other person may compel the settlement of the estate in the courts in the manner hereinafter provided for the purpose of satisfying such lawful participation. And if within the same time of two (2) years, it shall appear that there are debts outstanding against the estate which have not been paid, or that an heir or other person has been unduly deprived of his lawful participation payable in money, the court having  jurisdiction of the estate may, by order for that purpose, after hearing, settle the amount of such debts or lawful participation and order how much and in what manner each distributee shall contribute in the payment thereof, and may issue execution. Xxx. Such bond and such real estate shall remain charged with a liability to creditors, heirs, or other persons for the full period of two (2) years after such distribution, notwithstanding any transfers of real estate that may have been made.” (emphasis supplied)

8. Based on the afore-quoted provision, any creditors, heirs or other persons who have been unlawfully deprived of their lawful participation in the settlement of the estate, which in this case is the estate of Felix Hernandez, has a period of two (2) years from annotation to file a claim against the estate and/or against the other heirs who received their shares.

9. The annotation of the encumbrances in this case was registeres on July 1, 2011, thus, the prescriptive period of two (2) years have ALREADY LAPSED  without any creditor, heir or other person filed a claim against the estate or against the heirs. 3

10. Accordingly, the encumbrance appearing on both titles under Entry Nos. 2011007038 and 2011007036 should now be cancelled and deleted for being moot and academic.  AFFIANT FURTHER SAYETH NAUGHT. IN WITNESS WHEREOF, I have hereunto set my hand this 3 rd  day of July 2017, at Rodriguez, Rizal, Philippines.

KAREN MAE L. HERNANDEZ Affiant

SUBSCRIBED AND SWORN TO before me this ______________day of October 2016 in Rodriguez, Rizal, affiant exhibited to me her Identification Card Nos.  ________________________ issued on _____________________, in Rodriguez, Rizal.

Doc. No. _____ Page No. _____ Book No. _____ Series of 2016.

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