Republic of the Philippines

REGIONAL TRIAL COURT

_________________ JUDICIAL REGION
Branch _________
___________ City

xxxxxxxxxxxxxxxxx,
Plaintiff, Civil case No. xxxxxx

-versus-
FOR:
DAMAGES

Xxxxxxxxxxxxxxxxxx,
Defendant.

x--------------------------------------x
MOTION TO CANCEL LIS PENDENS

Plaintiff, by counsel and to this Honorable Court, respectfully states:

1. Defendant caused the annotation or registration of a notice of lis pendens on the subject
matter of the instant suit,
2. Defendant caused the recording of the lis pendens for the purpose of molesting plaintiff,
and the recording thereof is not necessary to protect his rights to the property, his right
thereto, if any, is only indirect and contingent;
3. The recording of the lis pendens is prejudicial to plaintiff’s interest to the property
because, being the owner of said property, it is burdensome and it restricts its
transferability by sale, as no one will buy it during the pendency of the case and for as
long as the lis pendens is not cancelled.

RELIEF
WHEREFORE, plaintiff respectfully prays that the notice of lis pendens be ordered
cancelled.

Other just and equitable reliefs are likewise prayed for.

Pasig City for Angeles City, 01 February 2016.

ATTY.
Counsel for the plaintiff
Address
Roll No. _______
IBP No. ___________ , Chapter _______
PTR No. __________, issued on ______________
MCLE Compliance Cert. No. _____________

NOTICE OF HEARING

THE BRANCH CLERK OF COURT

RTC BRANCH ____
Greetings!

Please be informed that the undersigned counsel has set the foregoing Motion for
Reconsideration for hearing on __________ at 8:30 am, for the consideration of the Honorable
Court or soon thereafter as counsel maybe heard.

ATTY. ______________
Counsel for the Plaintiff

AFFIDAVIT OF PERSONAL SERVICE

I, _____________, of legal age and having been duly sworn depose and say:

1. That I am the messenger of Atty. ______________, Counsel for the defendant in the case
entitled _______________ Case No. ______, and that such messenger I served upon the
counsel of adverse party and other parties, the Motion for Consideration filed in said
case, as follows:
2. Atty. ______________, counsel for the Defendant, by personal service by delivering
personally copy of said Motion upon said lawyer who acknowledged receipt there of as
shown by his signature or initial on the said pleading, this ______ day of __________.

IN WITNESS WHEREOF, I have signed this affidavit this ___th day of __________________
at ____________________________.

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of
____________________ this __ day of _____________. Affiant personally came and appeared
with Driver’s License ID No. _____________ issued by the Land Transportation Office and
valid until ______________________, bearing his photograph and signature, known to me as the
same person who personally signed the foregoing instrument before me and avowed under
penalty of law to the whole truth of the contents of said instrument.

Notary Public

Doc. No. ______;

Page No. ______;
Book No. ______;
Series of 2016;