Petition Cancellation of Sec 7 (Related To Loans / Mortgage)

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Republic of the Philippines

National Capital Judicial Region
REGIONAL TRIAL COURT
Branch Quezon City
IN THE MATTER OF CANCELLATION OF

THE ENCUMBRANCE ON
RECONSTITUTED TRANSFER CERTIFICATE
OF TITLE NO.
OF THE REGISTRY OF DEEDS
OF QUEZON CITY
LRC CASE NO.
Petitioner
x--------------------------------x
PETITION
PETITIONER, through counsel, unto this Honorable Court respectfully allege that:
1. Petitioner, , is of legal age, Filipino citizen, married, and resident;
2. Petitioner is the lawful, absolute and registered owner of a parcel of land with an area
of, more or less, located at and covered by Transfer Certificate of Title No. of the
Registry of Deeds of Quezon City. A copy of TCT is hereto attached as Annex “A” of
this Petition. Copies of the Certified True Copy of Tax Declaration of Real Property for
the land () and the improvements () are respectively attached as Annex “B-1”, Annex
“B-2” and Annex “B-3”. Copies of the Tax Clearance for the aforementioned tax
declarations are respectively attached as Annex “C-1”, Annex “C-2” and Annex “C-
3”;
3. An encumbrance / restriction was annotated in the Petitioner’s TCT No. described as

follows, to wit:
“Pursuant to Sec. 7 of Rep. Act No. 26, this certificate of title is without prejudice
to any party whose right or interest in the property was duly noted on the original
record at the time it was lost or destroyed.”
“It is hereby certified that this certificate of title consisting of Five (5) pages, has
on xxxx been reconstituted from its owner’s (or co-owner’s) duplicate, the
reconstitution having been effected administratively under the provision of
Republic Act No. 26 in relation to Republic Act No. 6732”
4. The original copy of TCT NO. subject of this petition which is on file with the Registry
of Deeds of Quezon City was among the documents razed by fire which hit the City
Hall of Quezon City sometime on June 11, 1988; and henceforth said title was
administratively reconstituted on;
5. That more than two (2) years have elapsed since the finality of the order of
reconstitution and no person or party whose right or interest in the said original copy at
the same time it was lost or destroyed has put forth any claim or staked any adverse
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interest in the property; A copy of the Land Registration Authority certification is hereto
attached as Annex “D” of this Petition;
6. Petitioner intends to file an application for loan with BPI Family Bank using said
property as security for the loan;
7. Unless the encumbrance / restriction annotated under the Memorandum of

Encumbrance in the Petitioner’s TCT NO. is cancelled or set aside, Petitioner cannot
obtain a loan purposely to settle maturing obligations and/or indebtedness;
WHEREFORE, premises considered and invoking the provision of Sec. 7 of , it is

most respectfully prayed of this Honorable Court to order and direct the Registry of
Deeds of Quezon City to cancel the encumbrance / restriction annotated in the
Petitioner’s).
Petitioner further prays for any other reliefs and remedies this Honorable Court may
deem just and equitable under the premises.
__________________________, 2018, Quezon City
PETITIONER
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )

CITY OF QUEZON ) S.S.
BEFORE ME, a Notary Public for and in Quezon City, this ______ day of
________________ personally appeared, the principal known to me to be the same
person who executed the foregoing instrument and who acknowledged to me that the
same is her own free and voluntary act and deed.
WITNESS MY HAND AND SEAL on the place and date first above
written.
NOTARY PUBLIC
Doc No.________
Page No. ________
Book No. ________
Series of ________
VERIFICATION and
CERTIFICATION OF NON-FORUM SHOPPING
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I, , of legal age, married, with residence and postal address at #, under

oath, hereby depose and state:
1. That I am the Petitioner in the above-entitled petition;

2. That I caused the preparation of the foregoing petition;
3. That I have understood the contents thereof which are true and correct of
my own personal knowledge and based on authentic documents / records;
4. That I have not commenced any action or proceeding involving the same
parties and issues in the Supreme Court, the Court of Appeals, or in any
other tribunal or agency and to the best of my knowledge, no such action
or proceeding is pending before any of the courts, tribunal, or agency;
5. That should I thereafter learn that a similar action involving the same party
and issues is filed or pending in the foregoing bodies, I undertake to
inform this Honorable Court within five (5) days from knowledge thereof;
IN WITNESS WHEREOF, I have hereunto affixed my signature this

_________________, in Quezon City, Philippines.
Affiant
SUBSCRIBED AND SWORN to before me, this _______________ in

Quezon City , Philippines. Affiant exhibiting to me her _____________________
issued at Quezon City on ___________________.
NOTARY PUBLIC
Doc No.________
Page No. ________
Book No. ________
Series of ________

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Republic of the Philippines

IN THE MATTER OF CANCELLATION OF

1. Petitioner, , is of legal age, Filipino citizen, married, and resident;

3. An encumbrance / restriction was annotated in the Petitioner’s TCT No. described as

7. Unless the encumbrance / restriction annotated under the Memorandum of

WHEREFORE, premises considered and invoking the provision of Sec. 7 of , it is

__________________________, 2018, Quezon City

REPUBLIC OF THE PHILIPPINES )

I, , of legal age, married, with residence and postal address at #, under

1. That I am the Petitioner in the above-entitled petition;

IN WITNESS WHEREOF, I have hereunto affixed my signature this

SUBSCRIBED AND SWORN to before me, this _______________ in

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