PETITION Cancellation of 2 or 5 Year Lien

 

PETITION - Page 1 of 2 

Republic of the Philippines 

DEPARTMENT OF JUSTICE  DEPARTMENT Land Registration Authority  Province of Davao del Norte   Mankilam, Tagum City  RE: PETITION FOR CANCELLATION OF THE 2 YEAR LIEN PURSUANT TO RULE 4, SECTION 74 OF THE RULES OF COURT, COURT, and the 5 YEAR RIGHT OF REPURCHASE PURSUANT TO SEC. 119 OF C.A. No. 141, ANNOTATED ON TRANSFER CERTIFICATE OF TITLE NO. T-____________, REGISTERED IN THE NAME OF  ____________________,  _______________  

Petitioner,  -versus-  THE REGISTRY OF DEEDS, PROVINCE PROVIN CE OF DAVAO DAVAO DEL NORTE  Respondent.  x…………………………...……………...x 

P E T I T I O N  UNTO THIS HONORABLE OFFICE, Petitioner, most respectfully states: 

That Petitioner is of legal age, Filipino, married to and a resident of Cogon, Babak, Island Garden City of Samal, Philippines;  1.

That Petitioner is the registered owner of that parcel of land embraced in Transfer Certificate of Title No. T-______________, located at Libuak, Babak District, Island Garden City of Samal;   2.

That said Transfer Certificate was issued in favor of the Petitioner on 20 January 2005, with the following annotations/encumbrances, to wit:   3.

“Subject to the right of repurchase by the original patentee or his heirs within a period of FIVE (5) years from the date of conveyance  pursuant to Sec. 119 of Commonwealth Act No. 141, as amended”; and   b. “Subject to the liabilities imposed by the provision of Section 4, Rule 74 of the Rules of Court regarding the right of any person or heir who might have been proved of their lawful participation participatio n in the estate within a period of TWO (2) years. years . 

a.

4. That

the FIVE (5) year period pursuant to Sec. 119 of Commonwealth Act

No. 141, as amended, for the repurchase of the original patentee or his heirs has already passed, and the right to repurchase was not exercised within the given period; 

 

PETITION - Page 2 of 2  5. Further,

the TWO (2) year period, imposed by the provision of Section 4, Rule 74 of the Rules of Court, has also lapsed without any claim having been filed, thus the necessity of cancelling said annotation.   WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Office that the said annotations made pursuant to Sec. 119 of Commonwealth Act No. 141 and Section 4, Rule 74 of the Rules of Court, Court , BE CANCELLED.  Babak, Island Garden City of Samal, Philippines

.

 _______________   Petitioner  

V E R I F I C A T I O N  REPUBLIC OF THE PHILIPPINES PROVINCE OF O F DAVAO DAVAO DEL NORTE   ISLAND GARDEN CITY OF SAMAL  

)  ) ) 

S S S 

I,  _______  ___________  ____ , of legal age, Filipino, married to Benito Casipong and a resident of  _____________  _______ ________, __, under under oath states: states:  That I am the Petitioner, in this this case;   2. That I have caused to be prepared the foregoing petition;  3. That I have read the same and understood all the contents hereof, and all allegations therein contained are true and correct to the best beliefs;   1.

CERTIFICATE CERTIFICA TE OF NON-FORUM SHOPPING   4. That I have not, in any manner or occasion, instituted or filed any case of the same cause of action, nature, and personalitie personalities, s, in any quasi-judicial quasi-j udicial body/board of government, in the Municipal Trail Court (Municipalities); in the Municipal Trial Court in City (Cities); in the Regional Trial Court (RTC), Davao City and the Five (5) Provinces and component Cities of Davao Province; in the Court of Appeals (CA) and in the Supreme Court (SC), and if I know of one that is filed, I will, without delay, inform this Honorable court of such fact. IN WITNESS WHEREOF, I have hereunto set my hand this ____________ in Babak, Island Garden City of Samal, Philippines 

 Affiantt  Affian

SUBSCRIBED AND SWORN  SWORN  to before me this _______________ in  _____________  _______ ________, __, Philippines, Philippines, and affiant/s affiant/s exhibited to me his/her ID number of which is clearly written as above indicated.