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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.