Petition Sec 7 Ra26

REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT FOURTH JUDICIAL REGION BRANCH _________ TRECE MARTIRES CITY PETITION FOR THE CANCELLATION OF THE ENCUMBRANCE (SECTION 7, R.A. 26) ON THE TRANSFER CERTIFICATE OF TITLE NO. 057-2014052402 OF THE REGISTRY OF DEEDS FOR THE PROVINCE OF CAVITE LRC CASE NO. _____________ GINA BASILIO, MARRIED TO JOSE BASILIO, JR. Petitioner, REGISTER OF DEEDS FOR THE PROVINCE OF CAVITE TRECE MARTIRES CITY, CAVITE, Respondent, x------------------------------------------------------------x PETITION

PETITIONER by and through counsel, unto this Honorable Court respectfully aver that; 1.

Petitioner Gina Basilio, married to Jose Basilio Jr., Filipinos,

of legal age, and resident of 288 Tapia, General Trias, Cavite; 2.

Petitioner is the lawful, absolute and registered owner of a

parcel of land (Lot 1906-H-1 of the Subdivision Plan Psd-04-214785, being a portion of Lot 1906-H, Psd-04-010695, L.R.C. REC. No. 5694) consisting of One Thousand Three Hundred Fifty Five ( 1355) square meters situated in Brgy. Tapia, Municipality of Gen. Trias, Cavite; and covered by Transfer of Certificate of Title No. 057-2014052402 of the Registry of Deeds for the Province of Cavite, copy of the TCT is hereto attached as Annex “A”;

3. and/or

The Original Certificate of Title (OCT No.: OCT-114) was lost destroyed;

Consequently,

said

title

was

administratively

reconstituted, and pursuant to Section 7 of Republic Act No. 26, a two (2) year lien and/or encumbrance was duly annotated at the back of the reconstituted title; 4.

Despite the sale and transfer of the property from one buyer

to another, the annotation of the lien and/or encumbrance was carried over to the new title issued; 5.

Petitioners bought the property from Herminio D. Moya, the

registered owner of TCT No. 057-2012007681 hence, the said TCT was cancelled and TCT No. 057-2014052402 was issued and registered in the name of Gina Basilio, married to Jose Basilio Jr., but the Memorandum of Encumbrance (Sec. 7, R.A. 26) annotated at the back of TCT No. 0572012007681 and was carried over in their TCT No. 057-2014052402; 6.

The property is declared in the name of Gina Basilio,

married to Jose Basilio Jr., and the corresponding realty tax has been paid. Copy of the Declaration of Real Property and Real Property Tax Clearance are attached hereto as Annexes “B” and “C”; 7.

From the time of issuance of said reconstituted title up to

the filling of herein petition, no person filed any claim or interest against the property covered by the said reconstituted title. Copy of the Register of Deeds Certification is attached hereto as Annex “D”; 8.

In the view of the above, petitioners are now entitled to the

cancellation of the two year lien and/or encumbrance appearing at the dorsal portion of their TCT No. 057-2014052402;

9.

That public respondent Registry of deeds for the Province of

Cavite is a government instrumentality, which is the public repository of records of instruments affecting registered or unregistered lands within its jurisdiction, and may be served with summons, decisions, pleadings, pleadings, notices and other court processes at its principal office at the Office of the Registry of Deeds, Trece Martires City Cavite.

PRAYER WHEREFORE, it is most respectfully prayed to this Honorable Court that the instant petition be granted, and that the Register of Deeds be ordered to cancel the two-year lien and/or encumbrance appearing at the dorsal portion of their Transfer Certificate of Title No. 0572014052402; Other reliefs, just and equitable under the premises are likewise prayed for.