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Republic of the Philippines

Department of Justice
OFFICE OF THE REGISTRY OF DEEDS
CITYOF ILOILO
Land Registration Authority 6, Iloilo City

In Re:CANCELATION OF Transfer Certificate of Title


ENCUMBRANCE under No.090-2019006178,
Sec. 4, Rule 74, Rules of Court,

RIZAL P. GALFO,
Petitioner,
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

PETITION TO CANCEL ENCUMBRANCE


(Under Sec. 4, Rule 74 of the Rules of Court)

COMES NOW, Petitioner, RIZAL P. GALFO, by undersigned


counsel, to the Honorable Provincial Registrar of Deeds for Province of
Guimaras, most respectfully states, THAT:

1. Petitioner is of legal age, Filipino, married to Arlyn Ymalay-Galfo


and resident of Brgy. Avila, Buenavista, Guimaras;

2. Petitioner is the true and absolute owner of a parcel of land titled


under Transfer Certificate of Title (T.C.T.) No.090-2019006178 and
registered in the name of RIZAL P. GALFO married to Arlyn Galfo in the
Registry of Deeds for the Province of Guimaras;

3. T.C.T. No. 090-2019006178 is situated at Brgy. of Avila,


Buenavista, Guimaras, and is subject to alien for two (2) years counting from
OCTOBER 27, 2017 in conformity with Section 4, Rule 74 of the Rules of
Court pertaining to Summary Settlement of Estates - Liability of distributes
and estate, with the following encumbrance written in the title, to wit:

“Entry No.: 2019005757 Date: May 24, 2019 01:39:04PM

LIABILITIES UNDER SECTION 4 RULE 74 : TO


CREDITORS, HEIRS, AND OTHER PERSONS
UNLAWFULLY DEPRIVED OF PARTICIPATION IN THE
ESTATE OF THE DECEASED MANUEL PACURIB AND
ADORACION JANCORDA AS EXTRAJUDICIALLY
SETTLED FOR A PERIOD OF TWO (2) YEARS
PURSUANT TO SECTION 4 RULE 74 OF THE RULES OF
COURT. DATE OF INSTRUMENT: OCT. 27, 2017”
PETITION TO CANCELENCUMBRANCE
T.C.T. No. 090-2019006178
(Section 4, Rule 74 – Rules of Court) Page |2
Rizal P. Galfo – Petitioner
……………………………………………………………………..

(Certified True Copy of T.C.T. No. 090-2019006178 is hereto attached as


Annex “A” and made an integral part of this Petition”)

4. The period of two (2) years period provided for under Sec. 4, Rule
74 of the Rules of Court has already lapsed as OCTOBER 27, 2019 and no
creditor/s, heir/s or other person/s has/have come forward to claim payment of
outstanding debts or liability or to claim their share in the estate.

PRAYER

WHEREFORE, premises considered, it is most prayed that the


Registrar of Deeds for the City Iloilo, cancel the encumbrance under Section
4, Rule 74 of the Rules of Court on T.C.T. No.090-2019006178, and that said
lien be removed in the forthcoming titles, in such manner as provided for
under law.

Iloilo City, Philippines, 08 MARCH 2021.

HECTOR JAMANDRE DIAZ


Counsel for Petitioner
H.J. Diaz Law Office
2/F, Cristina Colonnade Bldg.,
Huervana cor. Rizal St., LaPaz, Iloilo City
Tel. No. (033) 320-9006
Mobile No.: 0920-921-3352
E-mail: atty.hjdiaz@yahoo.com
PTR No.: 7251768, 01/04/2021, Iloilo City
IBP (Iloilo) LIFETIME No.: 030057, 01/10/18
Roll No.: 49839
MCLE VI Cert. No.: 0003743, valid until 04/14/22
PETITION TO CANCELENCUMBRANCE
T.C.T. No. 090-2019006178
(Section 4, Rule 74 – Rules of Court) Page |3
Rizal P. Galfo – Petitioner
……………………………………………………………………..

VERIFICATION with CONFORMITY

I, RIZAL P. GALFO, herein Petitioner, under oath, hereby states,


THAT: I am the Petitioner in this Petition; I have caused the preparation of the
foregoing Petition and I am in conformity therewith; I have read and
understood its contents, and that the allegations thereof are true and correct of
my own knowledge and available records. Furthermore, I attest to the
authenticity and due execution of the annexes thereof.

RIZAL P. GALFO
Petitioner

REPUBLIC OF THE PHILIPPINES)


ILOILO CITY )SC.
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JURAT

SUBSCRIBED AND SWORN to before me this 8th day of March


2021 in the City of Iloilo, Philippines, affiant RIZAL P. GALFO with T.I.N
No. 711-967-768 as Competent Evidence of Identity known to me to be same
person who executed the foregoing Petition To Cancel Encumbrance and who
acknowledged to me that the same is his free and voluntary act and deed.

Doc. No.: ____ ;


Page No.: ___ ;
Book No.: ____ ;
Series of 2021.

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