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REPUBLIKA NG PILIPINAS

KAGAWARAN NG KATARUNGAN
PANGASIWAAN SA PATALAAN NG LUPAIN
(LAND REGISTRATION AUTHORITY)
East Avenue cor. NIA Road Quezon City

En Consulta

STATEMENT OF MATERIAL DATES

The undersigned interested party received a copy of the Notice


of Denial issued by the Registry of Deeds for the Province of Bohol
on ___ November 2018. I have five (5) days from receipt thereof to
elevate the matter by consulta to the Land Registration Authority.
Thus, this En Consulta is timely filed.

STATEMENT OF FACTS

1. On May 15, 2018, I have entered into a Contract to Sell with


Mr. Maximino P. Añana III which was acknowledged on the same
date before Atty. Kim M. Aranas, a Notary Public of Cebu City and
entered in his Notarial Register as
Doc. No. 6; Page No. 2; Book No. V, Series of 2018. A copy of the
said Contract and its Acknowledgement Receipt hereto attached
and made an integral part hereof.

2. In the said Contract to Sell, I was the BUYER/VENDEE of a


certain parcel of land covered by Transfer Certificate of Title No.
2017000385, more particularly described as follows:

OCT 2017000385

A parcel of land (Lot 250, Gss-07-02-00011, Case No. 02) situated


in the Barrio of Ilaud, Municipality of Inabanga, Province of Bohol.
Bounded on the NE., along line 1-2 by Lot No. 251; on the SE.,
corner 2 by Lot No. 249; on the SE., along line 2-3 by Lot No. 247;
on the SW., along line 3-4 by Provincial road (15.00 m. wide); on
the NW., along line 4-1 by Lot No. 252, all of Gss-07-02-00011.
Beginning at a point marked “1” on plan being N, 51 deg. 12’E.,
188.09 m. from BLLM No. 1 Gsss-07-02-00011. Containing an Area
of ONE HUNDRED FIFTY THREE (153) SQUARE METER, more or
less.

3. I already paid the amount of FIVE HUNDRED SIXTY-FIVE


THOUSAND PESOS (PHP. 565,000.00) and as per agreement with
Mr. Maximino P. Añana III that the remaining balance of Seven
Hundred Thirty Five Thousand Pesos (P735, 000.00) will be paid
once my Real Estate Mortgage Loan application will be release. Mr.
Maximino P. Añana III even advised me not to settle the remaining
balance immediately because the property was still occupied by his
relatives, giving them ample time to relocate.
4. However, on September 5, 2018, I came to know that the same
property was sold to another person through stealth, deceit, in bad
faith and is therefore a breach of our Contract.

5. It is for this reason that I am requesting for the annotation of


an adverse claim over the parcel of land covered by the Transfer
Certificate of Title No. 2017000385, the subject property.

DISCUSSION

An adverse claim is a statement made under oath by someone


who claims any part or interest in a registered piece of land adverse
to the registered owner and serves as a notice to all of such a claim.

The annotation of an adverse claim is a measure designed to


protect the interest of a person over a piece of real property where
the registration of such interest or right is not otherwise provided
for by the Presidential Decree 1529 or the Property Registration
Decree and to serve as a warning to third parties dealing with said
property that someone is claiming an interest on the same or a
better right than the registered owner thereof.

Section 70 of Presidential Decree 1529 otherwise known as the


PROPERTY REGISTRATION DECREE provides that:

Section 70. Adverse claim. Whoever claims any part or interest in


registered land adverse to the registered owner, arising
subsequent to the date of the original registration, may, if no
other provision is made in this Decree for registering the same,
make a statement in writing setting forth fully his alleged right or
interest, and how or under whom acquired, a reference to the
number of the certificate of title of the registered owner, the
name of the registered owner, and a description of the land in
which the right or interest is claimed.

The statement shall be signed and sworn to, and shall state the
adverse claimant's residence, and a place at which all notices
may be served upon him. This statement shall be entitled to
registration as an adverse claim on the certificate of title. The
adverse claim shall be effective for a period of thirty days from
the date of registration. After the lapse of said period, the
annotation of adverse claim may be canceled upon filing of a
verified petition therefor by the party in interest: Provided,
however, that after cancellation, no second adverse claim based
on the same ground shall be registered by the same claimant.

Before the lapse of thirty days aforesaid, any party in interest


may file a petition in the Court of First Instance where the land
is situated for the cancellation of the adverse claim, and the
court shall grant a speedy hearing upon the question of the
validity of such adverse claim, and shall render judgment as
may be just and equitable. If the adverse claim is adjudged to be
invalid, the registration thereof shall be ordered canceled. If, in
any case, the court, after notice and hearing, shall find that the
adverse claim thus registered was frivolous, it may fine the
claimant in an amount not less than one thousand pesos nor
more than five thousand pesos, in its discretion. Before the lapse
of thirty days, the claimant may withdraw his adverse claim by
filing with the Register of Deeds a sworn petition to that effect.

The requisites therefore of an adverse claim are as follows:


1. The adverse claimant must state the following in writing
a. His alleged right or interest;
b. How and under whom such alleged right or interest is
acquired;
c. The description of the land in which the riht or interest is
claimed;
d. The number of the certificate of title;

2. The statement must be signed and sworn to before a notary


public or other officer authorized to administer oath;

3. The claimant should state his residence or the place to which


all notices may be served upon him

In this case, the registration of an adverse claim is expressly


recognized under Section 70. Where the notice of adverse claim is
sufficient in law and drawn up in accordance with existing
requirements, it becomes the ministerial duty of the Register of
Deeds to register the instrument without unnecessary delay.

The Affidavit of Adverse claim that I filed sufficiently complies


with the above mentioned requirements. Thus, it is therefore
ministerial on the part of the Register of Deeds for the province of
Bohol to annotate the same.

PRAYER

I therefore request that:

The Land Registration Authority directs the Register of Deeds for


the Province of Bohol to annotate in the original title my claim over
the subject property while for the mean time that I am still
gathering the necessary documents and evidence in filing the
appropriate case in the proper forum afraid that the subject
property will be sold again to another person.

JOSEPH ALFIE A. LOGROÑO