Republic of the Philippines

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH _________ Quezon City

IN THE MATTER OF THE PETITION FOR

CANCELLATION OF THE LEGAL ENCUMBRANCE
IN TRANSFER CERTIFICATE OF TITLE NO.
No. 004-2020010158 IN THE REGISTER OF DEEDS
OF QUEZON CITY
LRC No. R-QZN-21-05173-LR

GABRIEL C. CAPA, married to

CRISELDA T. CAPA
Petitioner,
x- - - - - - - - -- - - - - - - - - - - - - - - x

AMENDED PETITION
Petitioner, by undersigned counsel, unto this Honorable Court, most respectfully
states that:

1. Petitioner is a Filipino citizen, of legal age, married, and with residence and
postal address at 42 Fordham Street, Greenview Executive Village, Barangay
Sauyo, Quezon City where she may be served with summons and other court
processes;

2. Petitioner is the registered owner of a parcel of land located in Greenland/

Grenada St., San Bartolome-Sauyo, Quezon City, covered by and embraced in
Transfer Certificate of Title (TCT) No. 004-2020010158 of the Registry of Deeds
of Quezon City. Attached is an electronic copy of the said TCT as Annex “A”;

3. The property is also registered in the name of the petitioner with the City
Assessor’s Office of Quezon City under Tax Declaration No. F-105-11150, a
certified true copy of which is hereto attached as Annex “B”;

4. There is no improvement or building erected on the land subject of this petition

as certified to by the City Assessor’s Office of Quezon City dated 28 May 2021, a
copy of such certification is hereto attached as Annex “C”

5. At present, there is an inscription / annotation on said TCT No. 004-

2020010158 copied from TCT No. 004-2018003359, indicative of the
administrative reconstitution of the title covering the property under Republic
Act No. 26 when the original copy of the title covering the said property was
among the documents lost and/or destroyed during the conflagration / fire
that hit the Quezon City Hall, including the Office of the Register of Deeds in
the year 1988;

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6. The encumbrance on TCT No. 004-2020010158 is quoted as follows:

“PURSUANT TO SEC. 7 OF REP. ACT. NO. 26, THIS

CERTIFICATE OF TITLE THE ORIGINAL OF WHICH HAVING
BEEN ADMINISRATIVELY RECONSTITUTED IS WITHOUT THE
PREJUDICE TO ANY PARTY WHOSE RIGHT OR INTEREST IN
THE PROPERTY WAS DULY NOTED ON THE ORIGINAL COPY
AT THE TIME IT WAS LOST OR DESTROYED.”

7. Said TCT was derived from a reconstituted title the original copy of which was
amongst the documents lost or destroyed. As a result of the reconstitution,
legal annotation was made at the back of the certificate of title pursuant to
Section 7 of Republic Act No. 26 which states:

“SEC. 7. Reconstituted certificates of title shall have the same

validity and legal effect as the original hereof: Provided, however, That
certificates of title reconstituted extra-judicially, in the manner stated in
Sections Five and Six hereof, shall be without prejudice to any party
whose right or interest in the property was duly noted in the original, at
the time it was lost or destroyed, but entry or notation of which has not
been made as on the reconstituted certificate of title. This reservation shall
be noted as an encumbrance on the reconstituted certificate of title.”

8. The above encumbrance may be cancelled pursuant to Section 9 of R.A. 26

which provides that:

“SEC. 9. A registered owner desiring to have his reconstituted

certificate of title freed from the encumbrance mentioned in Section Seven
of this Act, may file a petition to that end with the proper Court of First
Instance giving his reason or reasons thereof. A similar petition may,
likewise be filed by a mortgagee, lessee or other lien holder whose interest
is annotated in the reconstituted certificate of title. Thereupon, the court
shall cause a notice of the petition to be published, at the expense of the
petitioner, twice in successive issues of the Official Gazette, and to be
posted on the main entrance of the provincial building and of the
municipal building of the municipality or city in which the land lies, at
least thirty days prior to the date of hearing, and after hearing shall
determine the petition and render such judgment as justice and equity
may require. The notice shall specify, among other things, the number of
certificate of title, the name of the registered owner, the names of the
interested parties appearing in the reconstituted certificate of title, the
location of the property, and the date on which all persons having an
interest in the property must appear and file such claims as they may
have. The petitioner shall, at the hearing, submit proof of the publication
and posting of the notice: Provided, however, That after the
expiration of the two years from the date of the reconstitution of a
certificate of title, if no petition has been filed within the period
under the preceding section, the court shall, on motion ex parte by
the registered owner or other person having registered interest in
the reconstituted certificate of title, order the register of deeds to
cancel, after proper annotation, the encumbrance mentioned in
Section Seven hereof.” (Underscoring Supplied)

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 9. More than two (2) years have elapsed since the reconstitution of the destroyed
original certificate of title pursuant to R.A. 26 took place, and no person or party
whose right or interest to the property was duly noted in the original at the time
it was lost or destroyed has put forth any claim or has staked any adverse
interest in the property. In support thereof, the Land Registration Authority
(LRA) issued a certification to the effect that the two-year period within which a
person or party can file a claim or interest on the property has expired. A copy
of the certification is hereto attached as Annex “D”;

10. No deed or other instrument affecting the property has been presented for
registration, and there are no other owners except the Petitioners, hence, the
cancellation of Sec. 7 of R.A. No. 26 is proper pursuant to Sec. 9 of the said law;

11. The real property tax on the said property is up to date as shown by the
Certification or Tax Clearance issued by the City Treasurer’s Office of Quezon
City dated 1 June 2021, a copy of which is hereto attached as Annex “E”;

12. Petitioner will testify as witness to prove that he is the registered owner of the
property subject of this petition, that there is a legal encumbrance pertaining to
Section 7 of R.A. 26 which is annotated in the original copies of Transfer
Certificate of Title No. 004-2020010158, and that such legal encumbrance has
already expired; and

13. Petitioner hereby affirms and confirms these allegations in his Judicial Affidavit
herein attached as Annex “F”.

PRAYER

WHEREFORE, PREMISES CONSIDERED, and invoking the provision 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 legal
encumbrance of Section 7 of Republic Act No. 26 on TCT No. 004-2020010158.

Other reliefs, just and equitable, are also prayed for.

5 July 2021, Quezon City, Metro Manila, Philippines.

ATTY. NARCISA H. GUEVARRA

Counsel for the Petitioner
Attorney’s Roll No. 39789
IBP Lifetime Membership No. 013305
PTR No. 791335– 01/18/2021; Quezon City
MCLE Compliance VI-0027173 valid until 04/14/2022, Pasig City
95 Desiderio St., Don Jose Heights Subd., Quezon City
Mobile No. 09178329882
Email Address: naring2002@yahoo.com

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 VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, GABRIEL C. CAPA, Filipino citizen, of legal age, married, and with residence
and postal address at 42 Fordham Street, Greenview Executive Village, Barangay Sauyo
Quezon City, subscribing under oath, hereby depose and state that:

1. I am the petitioner in the above-entitled case;

2. I have caused the preparation of the foregoing petition and attest that the
allegations therein are true and correct based on my own personal
knowledge and the authentic records in my possessio
3. I hereby certify that I have not commenced any other action or proceeding
involving the same issues in the Supreme Court, Court of Appeals, or
different subdivisions thereof, or any other tribunal or agency, and to the
best of my knowledge, no such action or proceeding is pending in the
Supreme Court, Court of Appeals, or different divisions thereof, or any
other tribunal or agency; and

4. I undertake, if I should hereafter learn that a similar action or proceeding

has been filed or is pending before the Supreme Court, Court of Appeals
or different subdivisions thereof, or any other tribunal or agency, to
promptly inform the courts of the fact within five (5) days therefrom.

IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of

July 2021 at Quezon City, Philippines.

GABRIEL C. CAPA
Petitioner
Contact No. 09988516295
Email address: ____________

Republic of the Philippines)

Quezon City )SS

SUBSCRIBED AND SWORN to before me this ____ of July 2021 at Quezon

City, affiant exhibiting to me his UMID No. 0002-0107592-8.

NOTARY PUBLIC
Doc. No. ______
Page No. ______
Book No. ______
Series of 2021