REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
QUEZON CITY
BRANCH ____

IN THE MATTER OF CANCELLATION

OF THE EXPIRED ENCUMBRANCE
ON RECONSTITUTED TITLE IN
TRANSFER CERTIFICATE OF TITLE
NO. 004-2013005988 OF THE
REGISTER OF DEEDS OF QUEZON
CITY PURSUANT TO SEC. 9 OF R.A.
NO.26,

LRC CASE NO. _________

LUNINGNING B. GARBO,
As represented by her
Attorney-In-Fact,
MARIO S. OLASO,
Petitioner.

PETITION

Petitioner LUNINGNING B. GARBO, by counsel, unto this Honorable

court, respectfully avers that:

1. Petitioner is of legal age, Filipino citizen and resident of Lot 39,

Block 11, Mary the Queen St., Sacred Heart Village, Caloocan City. She is
represented in this case by Mario S. Olaso, Filipino, of legal age and with
address at Princess Homes Bldg., Quirino Highway, Lot 6 Block 17, Sacred
Heart Village, Phase 5, Novaliches, Caloocan City. A copy of the Special
Power of Attorney is herein attached as Annex “A”.

2. Petitioner is the lawful, absolute and registered owner of a parcel

of land consisting of Three Hundred Nine square meters (309 sq.m.), more
or less, located at Quezon City (The Property) covered by and embraced in
TCT No. 004-2013005988 and a photocopy of which is hereto attached as
“Annex B” to form an integral part hereof;

3. TCT No. 004-2013005988 is derived from RT No. 8281, aforesaid

title on file with the Registry of Deeds, Quezon City, Metro Manila;

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 4. The property was the subject of an action for administrative
reconstitution under R.A. 6732 before the Department of Justice, Land
Registration Authority, Quezon City, Metro Manila;

5. RT No. 8281 was administratively reconstituted on 27 August 1990.

Accordingly, the following encumbrance/restriction was annotated in the
reconstituted title and TCT No. 004-2013005988:

PURSUANT TO SEC. 7 OF THE REP. ACT. 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 ON THE TIME IT WAS
LOST OR DESTROYED.”

(SGD) SAMUEL C. CLEOFE

REGISTER OF DEEDS

COPIED FROM TCT NO. 95653/T-479”

6. More than two (2) years have elapsed since the finality of the
Order and no person or party whose right or interest in the property was
duly noted in the original, at the time it was lost or destroyed, or has put
forth any claim or stated any adverse interest in the property. A
Certification was issued by the Land Registration Authority that the two (2)
year lien provided under Section 7 of Republic Act No. 26 has already
expired on 27 August 1992, a photocopy of which is hereto attached as
“Annex C” to form an integral part hereof;

7. Accordingly, the expired encumbrance/restrictions hereof may

now be cancelled by virtue of Section 9 of R.A. 26;

8. No deed or other instrument affecting the property has been

presented for registration and that there are no other owners other than
the petitioner herein. Petitioner respectfully requests for the cancellation of
the above mentioned expired annotation/encumbrance.

PRAYER

WHEREFORE, PREMISES CONSIDERED, and invoking the provisions of

Section 9 of Republic Act No. 26 it is most respectfully prayed of this
Honorable Court to order and direct the Register of Deeds of Quezon City
to cancel the expired annotation/encumbrance relative to reconstitution in
TCT No. 004-2013005988.

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 Other remedies just and equitable under the premises are likewise
prayed for.

Makati City for Quezon City. 10 June 2013.

By:

ROY ANTHONY S. ORETA

Counsel for the Petitioner
JAKA Center, 2111 Chino Roces Avenue,
1231 Makati City
IBP LRN-02431/ 05/28/2001/Q.C.
PTR No. 3676155/ 01-07-13/ Makati
Roll of Attorneys No. 43012
MCLE Compl. No. IV-0005581, April 23, 2012

VERIFICATION/CERTIFICATION

I, MARIO S. OLASO, Filipino, of legal age, with residence address at

Princess Homes Bldg., Quirino Highway, Lot 6 Block 17, Sacred Heart
Village, Phase 5, Novaliches, Caloocan City, after having been sworn in
accordance with law, hereby depose and say:

1. I am the Attorney-In-Fact of Petitioner for this particular case;

2. I have caused the preparation and filing of the Petition in the

above entitled case;

3. I have read and understood the contents of this pleading and

hereby declare that the same are true and correct according to
my knowledge and based on authentic records in my possession.

4. I certify under oath that: a) petitioner has not commenced any

other action or proceeding which is pending in the Supreme
Court, the Court of Appeals, or any other tribunal or agency; b) to
the best of my knowledge, no such action is pending in the
Supreme Court, the Court of Appeals, or any other tribunal or
agency;

5. I likewise undertake that- a) if there is any such action or

proceeding which is either pending or any have been terminated,

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 I will state the status thereof; and b) if I should hereafter learn
that a similar action or proceeding has been filed or is pending
before the Supreme Court, the Court of Appeals, or any other
tribunal or agency, I will undertake to report that fact within five
(5) days therefrom to the court or agency wherein the original
pleading and sworn certification had been filed.

MARIO S. OLASO
Affiant

SUBSCRIBED AND SWORN to before me this __ day of _______ 2013,

affiant exhibiting to me his Identification Card/Driver’s License No.
_______________ issued at __________ issued/expiring on ___________
and known to me personally.

Doc. No. ____;

Page No. ____;
Book No ____;
Series of 2013.

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

I, LUNINGNING B. GARBO, Filipino, of legal age, with address at Lot

39, Block 11, Mary the Queen St., Sacred Heart Village, Caloocan City,

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hereby declare that I have named, constituted and appointed, and by these
presents do name, constitute and appoint MARIO S. OLASO, Filipino, of
legal age and with address at Princess Homes Bldg., Quirino Highway, Lot 6
Block 17, Sacred Heart Village, Phase 5, Novaliches, Caloocan City, to be my
true and lawful attorney-in-fact for my name and in my stead to do the
following acts and deeds:

1. To file and prosecute in my behalf, with authority to verify and sign

on the certification of non-forum shopping, to represent me at all stages of
the civil case for cancellation of annotation/encumbrance and/or other
appropriate actions, petitions, suits, cases, and/or actions to be filed against
the Register of Deeds and/or appropriate government agencies before the
proper court in the Philippines involving my property located in Quezon City
covered by TCT No. 004-2013005988;

2. To negotiate, agree and enter into a compromise or amicable

settlement; to enter into stipulation of facts and documents; to agree to the
simplification of issues; to sign, execute and deliver all pleadings, documents
and papers including surety bonds which may be required in connection with
the said case, as well as the application forms and other papers pertinent
thereto; and

3. To do such other acts and things as may be proper or appropriate

during a pre-trial conference, hearing or in any other proceeding in
accordance with the Revised Rules of Court of the Philippines and other
pertinent laws.

HEREBY GIVING AND GRANTING unto the said attorney-in-fact, full

power and authority to do and perform all other acts and things necessary
and proper to be done in and about the premises as fully to all intents and
purposes as we might or could do if personally present with full power of
substitution.

HEREBY RATIFYING AND CONFIRMING all that the attorney-in-fact or

his substitute shall lawfully do or cause to be done in my behalf by virtue of
these presents.

IN WITNESS WHEREOF, we have signed these presents this ____ day

of June 2013 in Makati City.

LUNINGNING B. GARBO MARIO S. OLASO

(Principal) (Attorney-in-fact)

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 Signed in the presence of:

____________________________ _________________________

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

MAKATI CITY )S.S

BEFORE ME, a Notary Public, in and for the City of Makati, this _____
day of June 2013, personally appeared :

Name I.D. No./ Date/Place Issued

Passport No.

LUNINGNING B. GARBO
MARIO S. OLASO
known to me and to me known to be the same persons who executed the
foregoing instrument consisting of two (2) pages, including this page where
the acknowledgment is written and they acknowledged to me that the same
is their free and voluntarily act and deed.

WITNESS MY HAND AND NOTARIAL SEAL on the date and place first
above written.

Doc. No. ______;

Page No. ______;
Book No. ______;
Series of 2013.