REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
LAND REGISTRATION AUTHORITY

REGISTRY OF DEEDS
Cabanatuan City

ROWENA Z. PUNO

571 Sta. Romana St., Consulta No:

Magsaysay Norte, Cabanatuan City,
Petitioner.
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PETITION EN CONSULTA

The Register of Deeds, Cabanatuan City, denied the

registration of the Affidavit of Adverse Claim executed by the
petitioner in a Notice of Denial (“Notice”) dated September 10,
2019. A copy of said Notice is hereto attached as ANNEX “A”;

The pertinent portions of said Notice are herein quoted,

viz:

Please be notified that this office cannot

proceed with the registration of the Notice of
Adverse Claim under Registration Land Entry
Number(s) 2019003111 involving TCT T-6715
based on the following ground(s):

“Claims based on successional rights are not

within the contemplation of Section 70 of PD
1529 and may not therefore be the basis of an
Adverse Claim on the property registered in the
name of the person from whom the Adverse
Claimant claims to inherit

Applying the said ruling in ocnsulta in the case

at bar, the adverse claimant Rowena Zenarosa
Puno being the legal heir of the deceased Nena
Garcia, registered owner of TCT No. T-6715 her
claim over the said properties is not adverse to
registered owner.”
Pursuant to Section 117 of Presidential Decree No. 1529,
otherwise known as the Property Registration Decree,
petitioners elevate the matter to Land Registration Authority
(LRA) by way of consulta.

BASIS OF CONSULTA

Section 117 of the Property Registration Decree reads –

Section 117. Procedure. When the Register of

Deeds is in doubt with regard to the proper
step to be taken or memorandum to be made
in pursuance of any deed, mortgage or other
instrument presented to him for registration,
or where any party in interest does not agree
with the action taken by the Register of Deeds
with reference to any such instrument, the
question shall be submitted to the
Commissioner of Land Registration by the
Register of Deeds, or by the party in interest
thru the Register of Deeds. Where the
instrument is denied registration, the Register
of Deeds shall notify the interested party in
writing, setting forth the defects of the
instrument or legal grounds relied upon, and
advising him that if he is not agreeable to such
ruling, he may, without withdrawing the
documents from the Registry, elevate the
matter by consulta within five days from
receipt of notice of the denial of registration to
the Commissioner of Land Registration.

The Register of Deeds shall make a

memorandum of the pending consulta on the
certificate of title which shall be cancelled
motu proprio by the Register of Deeds after
final resolution or decision thereof, or before
resolution, if withdrawn by petitioner.

The Commissioner of Land Registration,

considering the consulta and the records
certified to him after notice to the parties and
hearing, shall enter an order prescribing the
step to be taken or memorandum to be made.
His resolution or ruling in consultas shall be
conclusive and binding upon all Registers of
 Deeds, provided, that the party in interest who
disagrees with the final resolution, ruling or
order of the Commissioner relative to
consultas may appeal to the Court of Appeals
within the period and in manner provided in
Republic Act No. 5434.

STATEMENT OF MATERIAL DATES

The Notice was received by herein petitioner, last September

13, 2019; thus, petitioner have five (5) days therefrom or until
September 18, 2019 to elevate the matter by consulta to the
Land Registration Authority.

STATEMENT OF FACTS

Petitioner is one of the heirs of the late Nila Diaz Zenarosa.

On the other hand, Nila Diaz Zenarosa is the daughter and
one of the heirs of ESTEBAN DIAZ and the late NENA GARCIA.

The SPS. ESTEBAN DIAZ and the late NENA GARCIA are the
registered owners of Transfer Certificate of Title No. T-6715
located at Ibabao Bana, Cabanatuan City with an area of
23,487 square meters more or less. Such property of the
corporation is more particularly described as follows:

TCT No. T-6715

“Lot: 6. Pcs-034903-005969 (AR)

Portion of Lot: Lot N.C.P. & S, Psd-03-005382
Location: Ibabaw Bana, Cabanatuan City, Nueva
Ecija
Boundaries:
SW., along line 4-5-6 . . Lot 5, PCS034903-005969 (AR)
NE., along line 7-1 . . Lot 21, Pcs-034903-005969 (AR)
NW; along line 6-7 . .Lot 20, Pcs-034903-005969 (AR)
SE.,along line 3-4 . . Lot 1953-A-9-L. Psd-03-005382 (Irrig.
Canal)
X X X containing an area of TWENTY THREE THOUSAND
FOUR HUNDRED EIGHTY SEVEN (23, 487) square meters.”
 Beginning from a point marked “1” on plan being N. 05 deg.
55W., 1092.66 m. from BLLM # 23, Cabanatuan Cadastre;

THENCE
1-2 S. 25 deg. 08 ‘E., 246.20 m.
2-3 S. 25 deg. 08 ‘E., 300.00 m.
3-4 S. 55 deg. 55’ W., 38.17 m.
4-5 N. 25 deg. 58 ‘W., 300.00 m.
5-6 N. 25 deg. 55 ‘W., 275.75 m.
6-7 N. 80 deg. 51 ‘E., 10.63 m.
7-1 S/ 85 deg. 06 ‘E., 41.19 m.

DESCRIPTION OF CORNERS: By AR cyl. Conc. Mos. 15x40 cms.

DATE OF ORIGINAL SURVEY: June 1914-July 1915
DATE OF SUBDIVISION SURVEY: June 14-15, 1994
DATE APPROVED: December 2, 1994”

The surviving children of the deceased Nena R. Garcia

namely, Francisco Garcia Diaz, Narciso Garcia Diaz, Thelma
Garcia Diaz, Florentino Garcia Diaz, Marcelina Garcia Diaz-
Mallari and Olivia Diaz Sta. Ana agreed among themselves to
sell the abovementioned parcel of land, without consulting the
surviving heirs of Nila G. Diaz Zenarosa and Maxima Diaz
Aquino, both deceased, and taking advantage of their father’s
(Esteban Diaz) senility.

That on August 6, 2019 petitioner have learned that the

parcel of land subject of this affidavit was in fact already sold
in the amount of Five Hundred pesos (500.00) per square
meter of the Twenty Three thousand Four hundred Eighty
Seven (23,487) square meters of said parcel of land with a
total amount of Eleven Million Seven Hundred Forty Three
thousand and Five hundred pesos (11,743,500.00) php, and
that the vendee has already given earnest money in the
amount of One million pesos (1,000,000.00) php to the
surviving children of Nena Garcia except the surviving heirs of
Nila G. Diaz Zenarosa and Maxima Diaz Aquino.

Further petitioner also discovered that the surviving heirs

with the exception of the surviving heirs of Nila G. Diaz
Zenarosa and Maxima Diaz Aquino and the vendee agreed that
the balance shall be paid sometime this September 2019.
 The owner’s copy of Transfer Certificate of Title No. T-
6715 is in the possession of Florentino Garcia Diaz, and in a
conversation with Florentino, he personally told me that we
will be given our share of the estate, however said share will
only be given upon agreement of all the surviving heirs of Nena
Garcia Diaz, and that it is for them to decide as to how much
share we will get based on their agreement and not the legal
amount or portion in which our mother Nila Garcia Diaz-
Zenarosa is entitled to.

ISSUE

Whether or not the Affidavit of Adverse Claim is registrable.

DISCUSSION

Section 70 of the Property Registration Decree reads –

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.

From the foregoing, the following are the requisites of an

adverse claim:

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
right or interest is claimed; and
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
 Here, based on the adverse claimed filed by petitioner,
the above mentioned requisites are indubitably present. The
petitioner is one of the heirs of the late NENA GARCIA who is
the registered owners of the subject lot, that said subject lot
was sold without the consent of the petitioner and for lack of
consideration.

Further, purpose of annotating the adverse claim on the

title of the disputed land is to apprise third persons that there
is a controversy over the ownership of the subject land and to
preserve and protect the rights of the petitioners, as stock
holders, while there is a pending controversy.

Also, there is no other provision made in the Property

Registration Decree for registering the herein rights of
petitioner as co-owner.

PRAYER

Petitioner therefore request that:

1. The Land Registration Authority direct the Register of Deeds

of Cabanatuan City to register the Affidavit of Adverse Claim
herein presented.

2. The Register of Deeds be further directed to cause the

annotation of a memorandum of the pending consulta.

Petitioners pray for such other reliefs as may be just and

equitable in the premises.

Cabanatuan City, September ____ 2019.

ROWENA DIAZ ZENAROSA PUNO

571 Sta. Romana St., Magsaysay Norte, Cabanatuan City
Republic of the Philippines)
City of Cabanatuan . . . . . .)S.S.
X------------------X

VERIFICATION

I, ROWENA DIAZ ZENAROSA PUNO, Filipino, of legal

age, resident of 571 Sta. Romana St., Magsaysay Norte,
Cabanatuan City, after being duly sworn to in accordance with
law hereby depose and state: THAT-

1. I am the petitioner in the above entitled case and we

have caused the preparation of the foregoing consulta; and

2. I have read the foregoing and the allegations therein

are true and correct based on my personal knowledge and/or
on authentic records.

IN WITNESS WHEREOF, We have hereunto affix my

signature this _____ day of September, 2019 at Cabanatuan
City.

ROWENA DIAZ ZENAROSA PUNO

571 Sta. Romana St., Magsaysay Norte, Cabanatuan City

SUBSCRIBED AND SWORN TO before me on this _____

day of September, 2019, at ___________ affiants exhibiting to
me her _____________ with No. ______ as competent proof of her
identity.

Doc. No._______
Page No. ______
Book No. ______
Series of 2019