REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH ___________QUEZON CITY

IN THE MATTER OF PETITION FOR

CANCELLATION OF ENCUMBRANCE
PURSUANT TO SECTION 7 OF REPUBLIC
ACT NO. 26 ON TRANSFER CERTIFICATE
OF TITLE NO. 004-2015000889 ISSUED
BY THE REGISTER OF DEEDS OF QUEZON
CITY

LRC CASE NO.___________________________

MANUEL LUCIO F. MARTINEZ MARRIED TO

MARIA GUENDOLYN G. MARTINEZ

Petitioner,
x---------------------------------------x

PETITION
Petitioner, through counsel and unto this Honorable Court respectfully avers
THAT:

1. Petitioner is of legal age, Filipino citizen, with residence address at No.

26-13 J. P Rizal New Capitol Estate I Batasan Hills, Quezon City , where he may be
served with summons and other court processes of this Honorable Court.

2. Petitioner is the registered owner of a parcel of landcovered by Transfer

Certificate of Title No. NO. 004-2015000889, consisting of Two Hundred Eighty
Three (283) square meters, more or less, located at District of Cubao, Quezon City,
issued by the Register of Deeds of Quezon City. Certified copy of which is hereto
attached as Annex “A”;

3. At the back of Transfer Certificate of Title No. 004-2015000889, is an

encumbrance pursuant to Sec. 7 of R.A. 26 which reads as follows:

"Pursuant to Sec. 7 of Rep. Act No. 26, this certificate of title, the
original of which having been administratively reconstituted is without
prejudice to any party whose right or interest in the property was duly noted
on said duplicate at the time it was lost or destroyed.”

4. More than two (2) years have elapsed since the annotation and nobody has
filed any claim or interest against the subject real properties, as such the aforesaid
encumbrances may now be cancelled. Copy of the Certification issued by the
Registry of Deeds of Quezon City is hereto attached as Annex “B”;
 5. The above-described properties were declared for taxation purposes.
Copies of the Tax Declaration for land and improvement are hetero attached as
Annexs“ C” & ‘C-1” and the corresponding Tax Clerance are hereto attached as
Annexes“C-2”& “C-3”.

PRAYER
WHEREFORE, it is respectfully prayed of this Honorable Court that an
Order be issued directing the Register of Deeds of Quezon City, to cancel the
encumbrance at the back of Transfer Certificate of Title No. 004-2015000889
pursuant to Section 7 of R.A. 26.

Petitioner further pray for such other reliefs and remedies, just and equitable
under the premises.

Quezon City, September 26, 2018

MANUEL LUCIO F. MARTINEZ

Petitioner

Assisted By:

ATTY. CECILIO C. LUMANTAO

Counsel
No. 27 Santan St., Myrna’s Subdivision,
Pingkian, Brgy. Pasong Tamo, Quezon City
Attorney’s Roll No. 14679
IBP No.AR000406, January 3, 2018
PTR No. 5522593, January 3, 2018
MCLE NO. V-0007525 / 5-13-15

VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING

I, MANUEL LUCIO F. MARTINEZ, is of legal age, married, Filipino

citizen, with residence address at No. 26-13 J. P Rizal New Capitol Estate I Batasan
Hills, Quezon City, under oath hereby depose and state THAT:
 1. I am the petitioner in the above entitled petition;

2. I have caused the preparation of the foregoing petition;

3. I have understood the contents thereof which are true and correct of my
own personal knowledge and based on authentic documents/records;

4. I have not commenced any action or proceedings involving the same

parties and issues in the Supreme Court, Court of Appeals, or in any
other tribunal or agency and to the best of my knowledge, no such action
or proceedings is pending before any courts, tribunal or agency;

5. Should I learn thereafter that a similar action involving the same parties
and issues is filed or pending in the foregoing bodies, I undertake to
inform this Honorable Court within five (5) days from knowledge
thereof;

IN WITNESS WHEREOF, We have hereunto affixed our signature this

th
_____ day of September 2018 in Quezon City.

MANUEL LUCIO F. MARTINEZ

Affiant
Non Professional Driver’s License No. N03-85-003539

SUBCRIBED AND SWORN to before me this _____th day of September

2018 in Quezon City, affiant exhibited to me his government issued ID together as
proof of his identity.

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