Petition For Cancellation of Encumbrance - Template

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Republic of the Philippines

LAND REGISTRATION AUTHORITY


Register of Deeds
Region XI, ___________ City

IN THE MATTER OF THE Case No. ___________


CANCELLATION OF
ENCUMBRANCES IN
TRANSFER CERTIFICATE OF
TITLE NO. ______________,

______________________,
Petitioner.
x------------------x

PETITION FOR CANCELLATION


OF ENCUMBRANCE

COMES NOW, Petitioner _____________, unto this Honorable Office,


most respectfully alleges that:

1. Petitioner is Filipino, of legal age, single/married, and a resident of


______________________________.

2. Petitioner is the owner of a certain parcel of land located at


___________________________________, Philippines and covered by
Transfer Certificate Title (TCT) No. _______________ of the Register
of Deeds of Davao City. A machine copy of TCT No.
_______________________ is hereto attached as Annex “A”.

3. The Memorandum of Encumbrance of the instant title, provides as


follows:

“ THE PROVISION OF SECTION 117 OF THE PUBLIC LAND


ACT NO. 2874, REFERRING TO THE RIGHT OF THE
VENDOR, HIS WIDOW AND LEGAL HEIRS, TO REPURCHASE
THIS LAND WITHIN A PERIOD OF FIVE (5) YEARS FROM
THE DATE OF THE CONVEYANCE, MAY 5, 1931”

COPIED FROM TCT NO. T-456950

4. TCT NO. T-456950 as the derivative title of CT No.


_______________________ is hereto attached as Annex “B”.

5. The above-said right to repurchase has expired Five (5) Years from
May 5, 1931 or on May 6, 1936 and the vendor, his widow and his legal
heirs did not exercise said right to repurchase within the five (5) year period
given.

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6. There is an imperative need to cancel the legal lien imposed on the
face of the title for the Petitioner to fully enjoy ownership and possession of
the property, free from any restriction.

PRAYER

WHEREFORE, premises considered and in the interest of justice, it is


respectfully prayed that the Register of Deeds issue an ORDER for the
cancellation of the encumbrance imposed on Transfer Certificate Title No.
_______________.

Other reliefs as may be deemed warranted under the premises are


likewise prayed for.

RESPECTFULLY SUBMITTED.

__________________. Davao City, Philippines.

_____________________
Petitioner
ID No. ______________

Assisted by:

Lawyer

Republic of the Philippines)


Davao City) S.S.

VERIFICATION AND CERTIFICATION

I, _______________, Filipino, of legal age, married, and a resident


of _______________________, Davao City, Philippines, after having been
sworn to in accordance with the law do hereby depose and say, that:

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1. I am the petitioner in the above-entitled case and have caused the
preparation and the filing of the foregoing pleading as my free and voluntary
act and deed;

2. I have read and understood its contents which are true and correct of
my own personal knowledge and/or based on authentic records;

3. I have not commenced any action of proceeding involving the same


issue in the Supreme Court, the Court of Appeals or any other tribunal or
agency; that to the best of my knowledge, no such action or proceeding is
pending in the Supreme Court, the Court of Appeals or any tribunal or
agency, and that, if I should learn thereafter that a similar action or
proceeding has been filed or is pending before these courts of tribunal or
agency, I undertake to report that fact to the Court within five (5) days
therefrom

IN WITNESS WHEREOF, I hereunto set my hand and seal this at


Davao City, Philippines.

_____________________
Petitioner
ID No. _______________

SUBSCRIBED AND SWORN to before me this


____________________ at Davao City, Philippines, Petitioner, exhibiting to
me her competent evidence of identity above-indicated.

Doc. No.: _____


Page No.: _____
Book No.: _____
Se r ie s o f 2 02 0 .

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