REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 208
MANDALUYONG CITY

IN THE MATTER OF
CANCELLATION OF
MEMORANDUM OF
ENCUMBRANCE ANNOTATED AT
THE BACK OF TCT NO. 008-
2013000390 OF THE REGISTER
OF DEEDS FOR MANDALUYONG
CITY

LRC- MC14-767

PROMINENCE PROPERTY
DEVELOPMENT CORP. REP. BY
ELMER DELAS ALAS BAUTISTA,
PETITIONER.
x------------------------------------x

DECISION

Before this Court is a verified petition for cancellation of

encumbrance on TCT No. 008-2013000390 of the Register of Deeds
for Mandaluyong City.

On 6 January2015, this Court issued an Order setting the

petition for hearing on 5 March 2015, and directing petitioner to
cause the posting of the Order at the bulletin board of this Court
main entrance of the of Mandaluyong City Hall of Justice and at the
Bulletin Board of the Barangay where the property is located.

During the hearing of 5 March 2015, the following were

presented and marked:

Exhibit “A” to A-4 - Petition

Exhibit “B” - Order dated 6 January 2015
Exhibit “B-1” - Stamp Receipt of
Prosecutor’s Office of
Mandaluyong City

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 Exhibit “B-2” - Stamp Receipt of Register
of Deeds of Mandaluyong
City

Exhibit B-3, Certificate of Posting, was marked during the

hearing held last 27 March 2015.

Thereafter, Elmer Delas Alas Bautista (Bautista) took the

witness stand and identified his Judicial Affidavit and the documents
mentioned therein. In the said Judicial Affidavit, Bautista claimed
that the Petitioner is the registered owner of the subject property as
shown in the certified true copy of the subject title. Bautista claimed
that the Petitioner is intending to construct a town house in the
subject property. The building plan for approval is pending before
the Mandaluyong City Engineers Office by reason of the restrictions in
the encumbrance more particularly the portion in no. 2 paragraph c
therein which states “ xxxxx shall not be at a distance or less than
two (2) meters from any of its boundary lines xxxxx”. Bautista
claims that the City Engineering requires the removal of the subject
annotation. Bautista added that that as an assurance that the
adjoining owners will not be impaired, he assured that they will
comply with the mandates of the building code in the application for a
permit with the engineering office.

The Court

Records of the case shows that the owners of the adjacent lots
are notified of the pendency of the proceedings in the instant case.
As owners of the adjacent lots, they are the ones who will be affected
by the removal of the subject encumbrance, i.e. the portion in no. 2
paragraph c which states “ xxxxx shall not be at a distance or less
than two (2) meters from any of its boundary lines xxxxx. Despite
notice, the owners of the adjacent lots did not pose any objection to
the instant proceedings.

The Court is also of the opinion that as the registered owner of

the subject property, the Petitioner is entitled to use the whole
property, including the two-meter subject of the encumbrance, hence
the cancellation of the portion in no. 2 paragraph c which states “
xxxxx shall not be at a distance or less than two (2) meters from any
of its boundary lines xxxxx. However, with regard to the other
portions of Entry No. 22989/T-No. 87191, the Court finds that the
Petitioner has not presented convincing evidence to cancel the same.

Hence, after a judicious study of the facts of the case and the
testimonial and documentary evidence presented and formally

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offered by the Petitioner, this Court resolves to PARTIALLY GRANT the
petition. The Court is satisfied that the portion in no. 2 paragraph c
of Entry No. 22989/T-No. 87191 which states “ xxxxx shall not be at
a distance or less than two (2) meters from any of its boundary lines
xxxxx can now be cancelled.

WHEREFORE, the petition is PARTIALLY GRANTED. Accordingly,

the Register of Deeds of Mandaluyong City is ordered to cancel
portion in no. 2 paragraph c of Entry No. 22989/T-No. 87191 which
states “ xxxxx shall not be at a distance or less than two (2) meters
from any of its boundary lines xxxxx back of TCT No. 008-
2013000390.

SO ORDERED.

11 December 2015, Mandaluyong City.

ESTEBAN A. TACLA JR.

Presiding Judge
msrt/eat

cc:

Quintin P. Alcid, Jr.

Register of Deeds, Mandaluyong City

Bureau of Lands

Land Registration Authority