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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION


REGIONAL TRIAL COURT
Quezon City, Branch ___

IN RE: PETITION FOR CANCELLATION


OF ANNOTATION UNDER SECTION 7 OF
R.A. 26 ON TCT NO. 004-2017013263 LRC NO. ______

MARIA LOURDES R. CUEVAS, TEOFILO R.


CUEVAS III, ROBERTO R. CUEVAS, MARCIA
R. CUEVAS, ROWENA R. CUEVAS and
JOSE DOMINGO R. CUEVAS
Petitioners.

x----------------------------------------------------------x

PETITION FOR CANCELLATION


COMES NOW Petitioners, through undersigned counsel and unto this Honorable
Court most respectfully aver and state that:

1. Petitioners MARIA LOURDES R. CUEVAS, TEOFILO R. CUEVAS III,


ROBERTO R. CUEVAS, MARCIA R. CUEVAS, ROWENA R. CUEVAS,
and JOSE DOMINGO R. CUEVAS, are all of legal age, Filipino citizens,
and all residing at No. 20 Kaliraya Street, Sta. Mesa Heights, Quezon City;

2. Petitoners are the absolute and registered owners of a parcel of land covered
by Transfer Certificate of Title (TCT) No. 004-2017013263 of the Registry
of Deeds of Quezon City, and more particularly described as follows:

IT IS HEREBY CERTIFIED that a certain land situated in BO. OF BALINTAWAK,


QUEZON CITY, METRO MANILA, ISLAND OF LUZON, bounded and described
as follows:

LOT NO: 2-A-1 PLAN NO. (LRA) PSD-E2016007274


PORTION OF: LOT 2-A, (LRC) PSD-55606
CLR REC. NO. 7681
LOCATION: BO. OF BALINTAWAK, QUEZON CITY
METRO MANILA, ISLAND OF LUZON
BOUNDARIES:

LINE DIRECTION ADJOINING LOT(S)


1-2 SW LOT 1, BLOCK 231 PSD-
36950
2-3 NW STREET LOT 9
(KALIRAYA STREET),
PSD-36950
3-4 NE LOT 2-B (LRA) PSD-
E2016007274
4-1 SE LOT 3, BLOCK 231, PSD-
36950

TIE POINT: CBM NO. 37, CAD 13, MANILA CADASTRE

LINE BEARING DISTANCE


TO CORNER 1 S. 73 15` E 2083.33 M.
1-2 N. 05 04` W 14.22 M.
2-3 N. 46 59` E 18.11 M.
3-4 S. 05 04` E 25.35 M.
4-1 S. 84 56` W 14.28 M.

AREA: TWO HUNDRED EIGHTY TWO SQUARE METERS AND FORTY NINE
SQUARE DECIMETERS (282.49), MORE OR LESS

DESCRIPTION OF CORNERS: CORS. 1-2 ARE MARKED OLD P.S. AND THE
REST BY S.

A certified true copy of the said Transfer Certificate of Title (TCT) is attached
hereto as Annex “A”

3. The previous Transfer Certificate of Title (TCT) over the same property,
which was TCT No. RT-63151/07-02-92, was lost and destroyed.
Consequently, another title was administratively reconstituted in favor of the
Petitioners, pursuant to mass reconstitution under Section 7 of R.A. 26;

4. Pursuant to the mass reconstitution, a 2-year mandatory annotation was


made on the reconstituted title and was carried over to the present title;

5. Despite the transfer of the subject property in favor of the Petitioners, the
annotation of Section 7 of R.A. 26 remained and was not cancelled;
6. The Petitioners are, at present, the registered owners and have absolute
possession of the property and are religiously paying the annual real
property taxes imposed thereon.

A certified true copy of the Tax Declaration and Real Property Tax Clearance are
attached hereto as Annexes “B” and “C” respectively;

7. From the time of the issuance of the reconstituted title up to the filing of this
Petition, no other person or persons filed any claim or interest against the
subject property that is now covered and embraced in Transfer Certificate of
Title No. 004-2017013263.

A copy of a Certification issued by the Quezon City Registry of Deeds is attached


hereto as Annex “D”;

8. In view of the aforementioned facts, the 2-year mandatory annotation on the


reconstituted title and as well as on the present title, pursuant to Section 7 of
R.A. 26, had already elapsed and may now be cancelled.

WHEREFORE, premises considered, it is most respectfully prayed that the


Honorable Court GRANT the instant Petition, and order the Quezon City Registry
of Deeds to cancel the 2-year mandatory annotation on the 2nd page of Transfer
Certificate of Title No. 004-2017013263 pursuant to R.A. 26.

Other just and equitable reliefs are also prayed for.

Paranaque City for Quezon City, March ___, 2018.

MENDOZA LEGASPI & ASSOCIATES


Counsel for the Petitioners
Unit R, PSCOR Building
T.M. Kalaw St. corner Elsie Gatches St.
BF Homes Subdivision, Paranaque City 1720
By:

ATTY. JOHN PHILIP O. CABUGAO


PTR No. 123866E/1.5.18/P’que City
IBP No. 020964/1.4.18/RSM
Roll No. 59643
MCLE Compliance No. V-0022565/6.3.16

ATTY. RAFAEL P. TUVERA


PTR No.1238658E/1.5.18/P’que city
IBP No. 020968/1.4.18/PPLM
Roll No. 60652
MCLE Compliance No. V-0021858/6.13.16

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

WE, MARIA LOURDES R. CUEVAS, TEOFILO R. CUEVAS III, ROBERTO R.


CUEVAS, MARCIA R. CUEVAS, ROWENA R. CUEVAS and JOSE
DOMINGO R. CUEVAS, all of legal age, Filipino citizens, and residents of No.
20 Kaliraya Street, Sta. Mesa Heights, Quezon City, after having been sworn to in
accordance with law, hereby depose and say that:

1. We are the Petitioners in the above-entitled PETITION FOR


CANCELLATION;

2. We caused the preparation of the foregoing Petition, we have read the same,
and that the facts stated therein are true and correct based on our personal
knowledge and available documents;

3. We hereby certify that we have not commenced any other action or


proceeding involving the same issues in the Supreme Court, Court of
Appeals, or any other tribunal or agency, and to the best of our knowledge,
no such action or proceeding is pending before the Supreme Court, Court of
Appeals, or any other tribunal or agency;

4. Should we learn that a similar action or proceeding has been filed or is


pending before the Supreme Court, Court of Appeals, or any other tribunal
or agency, we undertake to inform the Honorable Court of such fact within 5
days from notice.
IN WITNESS WHEREOF, we set our hands this ___ day of March 2018 in the
Paranaque City.

MARIA LOURDES R. CUEVAS MARCIA R. CUEVAS

TEOFILO R. CUEVAS III ROWENA R. CUEVAS

ROBERTO R. CUEVAS JOSE DOMINGO R. CUEVAS

BEFORE ME, Notary Public for and in the City of Paranaque, personally appeared
the following:

NAME ID DATE/PLACE
OF ISSUE

MARIA LOURDES R. CUEVAS

TEOFILO R. CUEVAS III

ROBERTO R. CUEVAS

MARCIA R. CUEVAS

ROWENA R. CUEVAS

JOSE DOMINGO R. CUEVAS

Known to me and to me known to be the same persons who executed the foregoing
PETITION FOR CANCELLATION consisting of 5 pages including this one
where the Acknowledgment is written, and they attested to me that the same is
their free and voluntary act and deed.

WITNESS MY HAND AND SEAL this ___ day of March 2018 in the Paranaque
City.

Notary Public

Doc. No.
Page No.
Book No.
Series of 2018

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