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Republic of the Philippines

Regional Trial Court


Fourth Judicial Region
Binangonan,Rizal
Branch 69

IN THE MATTER OF PETITION FOR THE


SURRENDER OF TRANSFER CERTIFICATE OF TITLE
NO. 591587 IN THE NAME OF ARACELI ATIN and
TRANSFER CERTIFICATE OF TITLE NO.581968
IN THE NAME OF SPS. FERNANDO AND
ERLINDA ABANILLA AND IN CASE OF REFUSAL
OR INABILITY TO SURRENDER THE SAME,
THE CANCELLATION OF TRANSFER CERTIFICATE
OF TITLE NO. 591587 AND TRANSFER CERTIFICATE
OF TITLE NO.581968 AND THE SUBSEQUENT ISSUANCE
OF A NEW TRANSFER CERTIFICATE OF TITLE IN FAVOR
OF VINCENT ANTHONY F. BALSOMO COVERED BY
TRANSFER CERTIFICATES OF TITLE NO. 591587
AND 581968 OF THE REGISTRY OF DEEDS
FOR THE PROVINCE OF RIZAL
Petition Case No.18-042
VINCENT ANTHONY F. BALSOMO,
PETITIONER.
ARACELI ATIN,
SPS. FERNANDO AND
ERLINDA ABANILLA,
REGISTRAR OF DEEDS
FOR THE PROVINCE OF RIZAL,
RESPONDENTS.
x-----------------------------------------------------x

FORMAL OFFER OF EVIDENCE

Petitioner, by the undersigned counsel, unto this Honorable Court, most


respectfully avers that :

Exhibit A: Verified Petition

Purpose: To prove that the Petitioner filed the herein Petition and to prove
compliance with the jurisdictional requirements of the case.

Exhibit B: Order of this Honorable Court setting the case for hearing.

Exhibit B-1 -Stamp Receipt/Registry Return Receipts

Purpose : To prove that the Honorable Court issued an Order for the initial
hearing and notices to the concerned parties and to prove compliance with
jurisdictional requirements.

Exhibit C: Certificate of Posting


Purpose: To prove that the posting was done in compliance with the
jurisdictional requirements of the case.

Exhibit D: Transfer Certificate of Title No. 591587

Exhibit D-1: Entry No. 2017005787

Purpose: To prove that one of the subject properties is registered under


TCT No. 91587 in the name of Araceli Atin and that the Certificate of Sale was
annotated in the title.

Exhibit E- Transfer Certificate of Title No.581968

Exhibit E-1- Entry No. 2017005790

Purpose: To prove that one of the subject properties is registered under


TCT No. 581968 in the name of Sps. Fernando and Erlinda Abanilla and that the
Certificate of Sale was annotated in the title.

Exhibit F- Tax Declaration No.18-A-005-01779

Exhibit G- Tax Declaration No. 18-A-005-01948

Purpose: To prove that the two (2) subject properties are covered by Tax
Declaration No.18-A-005-01779 in the name of Aracelli Atin and Tax
Declaration No. 18-A-005-01948 in the name of Sps. Fernando and Erlinda
Abanilla, which were auctioned by the Rizal Provincial Government and sold to
the herein Petitioner as the highest bidder.

Exhibit H- Final Deed of Conveyance relative to Transfer Certificate


of Title No. 591587/ Tax Declaration No.18-A-005-01779

Exhibit I- - Final Deed of Conveyance relative to Transfer Certificate


of Title No.581968/ Tax Declaration No. 18-A-005-01948

Purpose: To prove that the Petitioner is the highest/winning bidder of the


subject properties and that the respective registered owners of the properties
failed to redeem the property within one (1) year from the date of the annotation
of the Certificate of Sale in the said titles.

Exhibit J- Certificate of sale relative to Transfer Certificate of Title


No. 591587/ Tax Declaration No.18-A-005-01779

Exhibit K- Certificate of sale relative to Transfer Certificate of Title


No.581968/ Tax Declaration No. 18-A-005-01948
Purpose: To prove that Certificates of Sale were issued to the Petitioner by
the Office of the Provincial Treasurer of Rizal being the highest bidder in the
auction sale on June 15, 2017.

Exhibit L- Tax Clearance Certificate for Tax Declaration No.18-A-005-


01779

Exhibit M- Tax Clearance Certificate for Tax Declaration No. 18-A-


005-01948

Purpose: To prove that the real estate taxes of the subject properties have
been paid by the Petitioner until 2019.

Exhibit N- Warrant of Levy dated August 18,2016 for TCT No. 591587

Exhibit O- Warrant of Levy dated Auguts 18,2016 for TCT No. 581968

Purpose- To prove that the subject properties were levied for real estate
tax delinquency by the the Office of the Provincial Treasurer, Province of Rizal.

Exhibit P- Notice of Levy dated March 16, 2016 for TD No. 15-A-005-
01439

Purpose: To prove that a Notice of Levy was issued by the Office of the
Provincial Treasurer.

Exhibit Q- Notice of Publication and Auction Sale

Purpose: To prove that the registered owner was notified of the auction
sale on June 15,2017 and that details of the auction sale was published in a
newspaper of general circulation in compliance with the Local Government Code
of 1991.

Exhibit R- Notice of right to redeem the auction property declared in


the name of Araceli Atin under TD No. 15-A-005-01439

Purpose: To prove that the registered owner was informed of her right to
redeem the subject property but she failed to do so.

Exhibit S- Notice of Levy dated March 27, 2017 for TD No. 15-A-005-
01603

Purpose: To prove that a Notice of Levy was issued by the Office of the
Provincial Treasurer.
Exhibit T- Notice of right to redeem the auction property declared in
the name of Sps. Fernando and Erlinda Abanilla under TD No. 15-A-005-
01603.

Purpose: To prove that the registered owners were informed of their right
to redeem the subject property but they failed to do so.

Exhibit U-Judicial Affidavit

Exhibit U-1- Signature of the Petitioner, Vincent Anthony F Balsomo

Purpose: To prove the bases for the filing of the herein Petition and the
right of the herein Petitioner for the confirmation of the Final Deed of Conveyance
and the entry of the new certificate of title under his name.

Respectfully Submitted.

16 January 2019, Cainta for Antipolo City.

ATTY. MARIA SALVE RUBAYA-ADAMOS


Collaborating Counsel for the Petitioner
Unit 311, Bldg. 2 East Summit Residences
Ortigas Ave. Ext., Brgy. San Juan, Cainta,Rizal
IBP Lifetime Roll no. 09047
PTR NO. 11120208A/ Jan 3, 2019/Rizal
MCLE Compliance No.VI-0004663/December 5,
2017, Pasig City/ IBP Roll No. 55320

Copy furnished:
Office of the Provincial Prosecutor, Binangonan,Rizal
Office of the Registry of Deeds, Binangonan,Rizal
Araceli Atin, No. 28, Youngstown Village, Cainta,Rizal

Sps. Fernando E. Abanilla and Erlinda Abanilla ,


No.1423 Ilang Ilang St., Pandacan Manila

Explanation: Copy of the foregoing pleading is served upon the Office of the
Provincial Prosecutor and the Respondents through registered mail for lack of
material time to effect personal service.

MARIA SALVE RUBAYA-ADAMOS