Petition Cancellation Adverse Claim(Black) Edited

Republic of the Philippines REGIONAL TRIAL COURT FIRST JUDICIAL REGION BRANCH ______ Baguio City

IN RE: PETITION FOR THE CANCELLATION OF ADVERSE CLAIM IN TCT NO. 018-2011001191

LRC CASE No. ________

SPS. DWIGHT C. BLACK and SOFIA S. RELLAMA-BLACK, Petitioners,

PETITION With all due respect to the Honorable Court.

Petitioners through the

undersigned counsel most respectfully state that: 1.

Petitioners are both of legal age, Filipinos, and residents of No. 14 Tacay Road, Pinsao Proper, Baguio City, Philippines.

They can be served with

notices, orders, judgment writs and other court processes of the Honorable Court through the undersigned counsel whose address is indicated herein. 2.

Respondent LYNNIE ANTHONETTE G. VINO, is of legal age, married, Filipino citizen, and with postal address at Lot 9 Block 1 Eagle Crest Subdivision, Bakakeng, Baguio City, Philippines and she may be served with summons and other court processes at the given address;

3.

Respondents spouses EDWIN G. VALENCIA and

NANCY A.

VALENCIA, both of legal age, Filipino citizens, and with postal address at No. 40 Upper Malvar Street, Aurora Hill, Baguio City, Philippines, where they may be served summons and other court processes of the Honorable court; 4.

The office of the Register of Deeds of Baguio City is impleaded as a necessary party, with official address at the City Hall, Baguio City where it may be served with summons and other court processes of the Honorable court;

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Petitioners are the true and registered owners of a certain parcel of land which is covered by Transfer Certificate of Title with number 018-2011001191 and more particularly described as follows: Transfer Certificate of Title No. 018-2011001191 “A PARCEL OF LAND (LOT 2-B OF THE SUBDIVISION PLAN (LRA) PSD-420673 APPROVED AS A NON-SUBDIVISION PROJECT, BEING A PORTION OF LOT 2, (LRC) PCS-2636 CIVIL RESERVATION 211, SITUATED ON THE BARRIO OF RES. SEC. “J”, CITY OF BAGUIO, ISLAND OF LUZON. BOUNDED ON THE NE., AT POINTS 4 TO 1 BY LOT-B-4-C, (LRC) PSD-24699; ON THE SE., AT POINTS 1 TO 2 BY LOT 2-A OF THE SUBDIVISION PLAN; ON THE SW., AT POINTS 2 TO 3 BY (LRC) PCS-2636; ON THE NW., ALONG LINE 3 TO 4 BY PROPERTY OF GEROLD LINO PISTOLA. BEGINNING AT A POINT MARKED “1” ON PLAN. BEING N. 70 DEG. 32’ W., 1928.63 M. FROM TRI. STA. “BOYD” BAGUIO TOWNSITE; THENCE x x x; CONTAINING AN AREA OF THREE HUNDRED SIXTY FOUR SQUARE METERS (364) SQ. M.), MORE OR LESS. x x x. A photocopy of the Transfer Certificate of Title of the aforedescribed parcel of land is hereto attached as ANNEX “A” and is made an integral part hereof.

6.

The subject property was acquired by Petitioners from Tito J. Rimando through the latter’s Attorney-in-Fact, Richard F. Banaña on April 2, 2011 as evidenced by a “Deed of Sale of a Portion of Registered Land” executed by the latter in Petitioners’ favor. The property acquired by Petitioners

7. 8.

A photocopy of the aforementioned “Deed of Sale” is hereto attached as ANNEX “B” and is made an integral part hereof.

9. 10.

Previous to the parties sale on April 2, 2011, Petitioners verified with the Registry of Deeds for Baguio City the status of the

11.

Before and during thePetitioners bought the subject property from Tito J. Rimando through his attorney-in-fact Richard Banana, which is, a portion of a parcel of land owned by Tito J. Rimando which was covered by Transfer Certificate of Title No. 018-2010002760;

12.

When petitioners bought the property on April 2, 2011, they checked the file copy of the TCT No. 018-2010002760 to the Registry of Deeds of

Petition Page 3 of 5

‫ﻫﻫﻫﻫﻫﻫﻫﻫﻫﻫﻫ∞ﻫﻫﻫﻫﻫﻫﻫﻫﻫﻫﻫ‬ Baguio City and found no adverse claims from respondents, and even when petitioners caused the annotation of Certificate Authorizing Registration issued by the BIR, on April 08, 2011, there were no annotations of any encumbrance of adverse claims from the respondents; 13.

Petitioners had found out of these adverse claims by respondents only when the new Transfer Certificate of Title in their name was issued by the Registry of Deeds of Baguio;

14.

15.

That annotated on said Transfer Certificate of Title No. 018-2011001191 are the following entries, to wit: A. Entry

No. 2011001305- “NOTICE OF ADVERSE CLAIM :

EXECUTED BY LYNNIE ANTHONETTE G. VINO, CLAIMING AMNG OTHERS AFFECTING THE PROPERTY DESCRIBED HEREIN IN ACCRDANCE WITH DOC. NO. 462, PAGE NO. 93, BOOK NO XXXIV, SERIES OF 2011 OF NOTARY PUBLIC OF BAGUIO CITY, MR. REYNALDO B. CAJUCOM, DATED APRIL 15, 2011 B. Entry No.:2011001622- “ NOTICE OF ADVERESE CLAIM : EXECUTED BY SPOUSES EDWIN G. VALENCIA AND NANCY A. VALENCIA, CLAIMING AMONG OTHERS AFFECTING THE 364 QUARE METERS PORTION OF THE PROPERTY DESCRIBED HEREIN, IN ACCORDANCE WITH DOC. NO. 61, PAGE NO. 13, BOOK NO. II, SERIES OF 2011 OF NOTARY PUBLIC OF BAGUIO CITY, ATTY. EDWIN U. MARQUEZ, DATED MAY 12, 2011.”

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The annotation of adverse claims on the title is an unnecessary encumbrance which is derogatory to the title and ownership of the petitioner; As such it is imperative that the adverse claims be cancelled;

17.

Moreover, these unnecessary encumbrances of adverse claims were annotated now for more than thirty(30) days from its entry, and it likewise imperative that the adverse claims be cancelled;

18.

That by reason of the actuations of the respondent petitioner was compelled to secure the services of counsel and initiate the present suit and spend for this case in the amount of 15,000.00 pesos;

PRAYER WHEREFORE, pursuant to law, and in view of the fact that the adverse claim has lost its effectively it is respectfully prayed that after due proceedings, an order be entered directing the Register of Deeds of Baguio City to cancel Entry no. ___________ as annotated on Transfer Certificate of Title No. _______________ and to order the respondent ___________________ to pay 15,000.00 as attorneys fees and cost for this suit; Such other relief’s which may be just and equitable under the premises are likewise prayed for.

Baguio City, Philippines, ___ day of July 2011.

By:

MANAOIS AND NAVARRO LAW OFFICES Counsel for the Petitioner nd 2 Flr., BBCCC Bldg., Cooperative St. corner Assumption Road, Baguio City MARK NOEL A. NAVARRO Of Counsel Roll No. 48664; May 3, 2004 PTR No. 2171442; 01.07.2008; Baguio City IBP Member 695289; 01.10.2008; Isabela

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‫ﻫﻫﻫﻫﻫﻫﻫﻫﻫﻫﻫ∞ﻫﻫﻫﻫﻫﻫﻫﻫﻫﻫﻫ‬ MCLE Cert. of Compliance No. II-0011269; 08.21.2008; Pasig City