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    PETITION. Cancellation of Section 7 RA 26

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    Elle Woods
    The petitioners, spouses [names], are requesting the cancellation of an encumbrance annotation on the title of their property located in Quezon City. The annotation was made pursuant to Section 7 of Republic Act 26 and imposed a two-year lien. This lien expired in 1999 without any claims being made. The petitioners, as the registered owners, are now filing this petition as allowed by Section 9 of RA 26 to have the encumbrance cancelled from the title so it is unencumbered. They have provided supporting documents showing their ownership and payment of real property taxes.

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    PETITION. Cancellation of Section 7 RA 26

    Uploaded by

    Elle Woods
    18K views3 pages
    The petitioners, spouses [names], are requesting the cancellation of an encumbrance annotation on the title of their property located in Quezon City. The annotation was made pursuant to Section 7 of Republic Act 26 and imposed a two-year lien. This lien expired in 1999 without any claims being made. The petitioners, as the registered owners, are now filing this petition as allowed by Section 9 of RA 26 to have the encumbrance cancelled from the title so it is unencumbered. They have provided supporting documents showing their ownership and payment of real property taxes.

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    The petitioners, spouses [names], are requesting the cancellation of an encumbrance annotation on the title of their property located in Quezon City. The annotation was made pursuant to Section 7 of Republic Act 26 and imposed a two-year lien. This lien expired in 1999 without any claims being made. The petitioners, as the registered owners, are now filing this petition as allowed by Section 9 of RA 26 to have the encumbrance cancelled from the title so it is unencumbered. They have provided supporting documents showing their ownership and payment of real property taxes.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    18K views3 pages

    PETITION. Cancellation of Section 7 RA 26

    Uploaded by

    Elle Woods
    The petitioners, spouses [names], are requesting the cancellation of an encumbrance annotation on the title of their property located in Quezon City. The annotation was made pursuant to Section 7 of Republic Act 26 and imposed a two-year lien. This lien expired in 1999 without any claims being made. The petitioners, as the registered owners, are now filing this petition as allowed by Section 9 of RA 26 to have the encumbrance cancelled from the title so it is unencumbered. They have provided supporting documents showing their ownership and payment of real property taxes.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
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    The petition is about cancelling an encumbrance on a property title. It provides background details on the property ownership and tax payments.

    The petition is to cancel a two-year lien annotated in the Memorandum of Encumbrances of the subject title pursuant to Section 7 of RA 26.

    A two-year lien was annotated on December 12, 1997 in the subject title pursuant to Section 7 of RA 26.

    1

    REPUBLIC OF THE PHILIPPINES


    NATIONAL CAPITAL JUDICIAL REGION
    REGIONAL TRIAL COURT
    QUEZON CITY, BRANCH ___

    IN RE: CANCELLATION OF
    ENCUMBRANCE UNDER
    SEC. 7 RA 26 ANNOTATED
    IN TCT NO. ___ OF
    REGISTRY OF DEEDS OF
    QUEZON CITY,

    LRC. NO. _____________

    SPOUSES ___ represented


    by their Attorney-in-Fact ___
    Petitioners,
    x---------------------------------x

    PETITION
    COMES NOW, petitioners, through counsel, and unto this
    Honorable Court, respectfully submit this Petition and further aver
    that:

    1. Petitioners are of legal age, Filipinos and residents of


    No. _____ Quezon City. They shall be represented in this case by
    their Attorney-in-Fact Denise ____ as evidenced by hereto
    attached Special Power of Attorney marked as Annex A.

    2. The petitioners can be served with the processes of


    the Honorable Court through the undersigned counsel’s address at
    ______.

    3. Petitioners are the registered owners of a parcel of


    land situated in Tandang Sora, Quezon City, Metro Manila
    described in Transfer Certificate of Title No. ____ issued by the
    Registry of Deeds of Quezon City. A certified true copy of the title
    is hereto attached as Annex B.

    4. Attached also in this petition are Tax Declarations


    covering the subject lot and improvement erected thereon issued
    by the Office of the City Assessor of Quezon City with the name of
    the spouses as declared owners thereof. The tax declarations are
    respectively marked as Annexes C and D.

    1
    2

    5. Petitioners have been religiously paying the real


    property taxes of the property as evidenced by hereto attached
    Tax Clearances showing that the realty taxes have been paid for
    the full calendar year of 2020. The tax clearances on the lot and
    improvement thereon are respectively marked as Annexes E and
    F.

    6. The subject title is a derivative of an administratively


    reconstituted Transfer Certificate of Title No. ___. Pursuant to
    Section 7 of RA 26, a two-year lien was annotated in the
    Memorandum of Encumbrances of the subject title on December
    12, 1997 which reads:

    ‘‘Pursuant to Sec. 7 of Rep. Act No. 26, this


    certificate of Title is without prejudice to any party
    whose right or interest in the property was duly
    noted on the Original or Reconstituted Certificate of
    Title No. __ at the time it was lost or destroyed.’’

    This annotation is herein marked as Annex B-1 on page 3


    of the subject certificate of title.

    7. As proof that the subject title is a derivative of


    reconstituted ___, certified true copies of the administratively
    reconstituted title and the title issued following its cancellation are
    hereto attached and marked accordingly:

    TCT No._ Annex P


    TCT No. _ Annex Q

    8. The two-year lien expired on December 12, 1999


    without anybody claiming rights or interest thereon, as per
    Certification dated February 27, 2020 issued by the Registry of
    Deeds of Quezon City, marked as Annex I.

    9. Accordingly, the lien annotated in the Memorandum of


    Encumbrances of the subject title may now be cancelled by virtue
    of Section 9 of RA 26 which provides that:

    Sec. 9 ‘‘A registered owner desiring to have


    the reconstituted certificate of title be freed from
    any encumbrance mentioned in Section 7 of this
    Act may file a petition to that end with the proper

    2
    3

    Court of First Instance (now Regional Trial Court)


    giving this reason or reasons therefore xxx.’’

    10. Petitioners, by way of this petition, now desire to have


    the afore-cited encumbrance cancelled.

    PRAYER

    WHEREFORE, premises considered, it is respectfully prayed


    of this Honorable Court that after due notice and hearing, an order
    be issued directing the Registry of Deeds of Quezon City to cancel
    the subject encumbrance under Section 7 of RA 26 from TCT No.
    No. ___.

    Quezon City, March 19, 2020.

    ______
    Counsel for the Petitioners
    , Quezon City
    IBP Lifetime No. __/Q.C.
    PTR No. __/1-7-20/Q.C.
    Roll No. __
    MCLE Compliance No. VI-0022416
    April 14, 2022

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