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REPUBLIC OF THE PHILIPPINES

LAND REGISTRATION AUTHORITY


THE REGISTRY OF DEEDS
TAGAYTAY CITY

IN RE: PETITION FOR CANCELLATION OF


ANNOTATION OF TWO (2) YEARS HEIRS’ LIEN
PURSUANT TO SECTION 4, RULE 74 OF THE
REVISED RULES OF COURT, AS ANNOTATED ON
TRANSFER CERTIFICATE OF TITLE [TCT] NO.
076-2022002327,

CATHAY LAND, INC.


Petitioner.
x------------------------------------------------------------x

PETITION

Petitioner, CATHAY LAND, INC. (“Petitioner”), represented by the undersigned, respectfully


states:

STATEMENT OF FACTS

1. Petitioner is the lawful and registered owner of one [1] parcel of land covered by Transfer
Certificate of Title [TCT] No. 076-2022002327, a copy of which is hereto attached as
Annex “A”, more particularly identified and described as follows:

A parcel of land (Lot 1682-G-1, Plan Psd-04-252579), situated in Barangay Lalaan I,


Silang, Cavite, containing an area of Twenty Eight Thousand One Hundred Forty Nine
(28,149) square meters, more or less.

2. Appearing on page 3 [Memorandum of Encumbrances] of TCT No. 076-2022002327 is the


following annotation:

“Entry No.: 2022003586 Date : April 19, 2022 12:12:26PM


Liabilities under Section 4 Rule 74: To creditors, heirs, and other persons unlawfully
deprived of participation in the estate of the deceased Romulo T. Kiamzon as
extrajudicially settled for a period of two (2) years pursuant to Section 4 Rule 74 of the
Rules of Court. Date of instrument: June 21, 2017.

(SGD) ATTY. ROBERTO B. SALCEDO


Register of Deeds – Tagaytay City”

3. Petitioner hereby requests your Honorable Office for the cancellation of the above-cited
Heirs’ Lien annotated on TCT No. 076-2022002327, for the reasons hereinbelow set forth:

GROUNDS FOR CANCELLATION OF HEIRS’ LIEN

4. TCT No. 076-2022002327 was registered in the name of Petitioner on 19 April 2022. TCT
No. 076-2022002327 was derived from Katibayan ng Orihinal na Titulo [Original
Certificate of Title (OCT)] No. 2013000633, which was registered in the name of Romulo
T. Kiamzon, a copy of which is hereto attached as Annex “B”.

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5. The date of the instrument referred to in the annotation quoted in Paragraph 2 of this Petition
is 21 June 2017. More than two (2) years had passed, and since then, no claim by any
disenfranchised heir or creditor has been filed. Thus, the period allowed by law or the
Rules of Court (Section 4, Rule 74) to file a claim has already lapsed.

6. Based on the foregoing, the reglementary period of two (2) years for any disenfranchised heir
or creditor of the Estate of Romulo T. Kiamzon, to file a claim over the parcel of land
presently covered by TCT No. 076-2022002327 has already expired or lapsed, and no claim
has been made or filed by a legal heir or creditor of Romulo T. Kiamzon against his
estate. Therefore, the annotation covering the Heirs’ Lien quoted on Paragraph #2 of
this Petition may now be cancelled.

PRAYER

WHEREFORE, it is respectfully prayed and moved that this Honorable Office CANCEL the
Heirs’ Lien quoted on Paragraph #2 of this Petition annotated on Transfer Certificate of Title
[TCT] No. 076-2022002327 issued under the name of herein Petitioner.

Other reliefs as are just and equitable under the circumstances are likewise prayed for.

Silang, Cavite, for Tagaytay City, Cavite,

CATHAY LAND, INC.


(CLI)
Petitioner
South Boulevard, South Forbes Golf City
Barangay Inchican, Silang, Cavite

By:

EDUARDO L. DE JESUS
Legal Counsel
IBP Life Member ID No. 010568
PTR No. 3189762B [Silang, Cavite, 10 January 2020]
MCLE Certificate of Compliance No. VI-0017868 (14 February 2019)

REPUBLIC OF THE PHILIPPINES )


_________________ CITY ) S.S.

VERIFICATION AND CERTIFICATION

I, EDUARDO L. DE JESUS of legal age, Filipino, married, with postal address at South
Boulevard, South Forbes Golf City, Barangay Inchican, Silang, Cavite, under oath, depose and
state that:

1. I am the Legal Counsel of CATHAY LAND, INC., the petitioner in the foregoing
Petition;

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2. I caused the preparation of the foregoing Petition, the contents of which are true and
correct based on personal knowledge, authentic documents and records at hand.

3. I have not commenced any other action or proceeding involving the same issues before
the Supreme Court, the Court of Appeals, or any other tribunal or agency, and that to the
best of my knowledge no such action or proceedings is pending before the Supreme
Court, the Court of Appeals, or any other tribunal or agency.

4. Should I learn that a similar action has been filed or is pending, I undertake to promptly
inform this Honorable Office of that fact within five (5) days from notice.

EDUARDO L. DE JESUS
Affiant

SUBSCRIBED AND SWORN to before me this ___ day of __________________ at


__________________, affiant exhibiting to me his Integrated Bar of the Philippines (IBP) Life
Member ID No. 010568.

Doc. No. _____;


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

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