Republic of the Philippines

Regional Trial Court

National Capital Judicial Region
Branch __
Quezon City

IN RE: PETITION FOR THE

CANCELLATION OF THE
ENCUMBRANCE UNDER
SEC. 7 OF R.A. 26 ON
TRANSFER CERTIFICATE
OF TITLE NO. __ OF THE
REGISTRY OF DEEDS OF
QUEZON CITY.
R-QUEZON-______________-LR
SPOUSES JUAN DE LA CRUZ
AND JUANA DE LA CRUZ
Petitioners,

REGISTRY OF DEEDS
QUEZON CITY,
Respondent.
x--------------------------------------x

PETITION

Petitioners respectfully aver that;

1. Petitioners Juan de la Cruz and Juana De la Cruz

(referred herein as “Petitioners”), are both Filipinos, of legal
age, and with residence at 66 WestPoint St. E. Rodriguez,
Quezon City;

2. Petitioners are the lawful, absolute and registered

owners of a parcel of land (Lot 2, Blk 9 of Lots 1-3 Subdivision
Plan, PCS-13-001193, being a portion of the cons. of Lots 1-3,
PCS-4766, Lot 66-C-2, PSD-11416, and Lot 7, (LRC) PCS-324,
L.R.C. Record No 1037) consisting of One Hundred Eighty
(180) square meters, situated in Brgy. Bagong Silangan
Capitol District, and covered by Transfer of Certificate of Title
(TCT) No. 004-2018002917 of the Registry of Deeds of Quezon
City. A copy of the TCT is hereto attached as Annex “A.”
 3. On June 11, 1988, fire razed the Quezon City Hall
Building which housed the Office of the Register of Deeds of
Quezon City. Transfer Certificate of Title No. 89669 was one of
the titles destroyed by the fire; Consequently, said title was
administratively reconstituted, and pursuant to Section 7 of
Republic Act No. 26, a two (2) year lien and/or encumbrance
was duly annotated at the back of the reconstituted title;

4. Petitioners bought the property from Sam America,

the registered owner of TCT No. 004-2016007635, hence, the
said TCT was cancelled and TCT No. 004-2018002917 was
issued and registered in the name of Petitioners, but the
Memorandum of Encumbrance (Sec. 7, R.A. 26) annotated at
the back of TCT No. 004-20160076351 and was carried over in
their TCT No. 004-2018002917;

5. Despite the sale and transfer of the property from

one buyer to another, the annotation of the lien and/or
encumbrance was carried over to the new title issued;

6. The property is declared in the name of Petitioners

and the corresponding realty tax has been paid. Copy of the
Declaration of Real Property and Real Property Tax Clearance
are attached hereto as Annexes “B” and “C;”

7. From the time of issuance of said reconstituted title

up to the filling of herein Petition, no person filed any claim or
interest against the property covered by the said reconstituted
title. Copy of the Register of Deeds Certification is attached
hereto as Annex “D;”

8. In the view of the above, it is respectfully submitted

that Petitioners are now entitled to the cancellation of the two
(2) year lien and/or encumbrance appearing at the dorsal
portion of their TCT No. 004-2018002917;

9. That public respondent Registry of Deeds Quezon

City is a government instrumentality mandated to act as
public repository of records of instruments affecting registered
or unregistered lands within its jurisdiction, and may be
served with summons, decisions, pleadings, notices and other
court processes at its principal office at the Office of the
Registry of Deeds, Quezon City.
 PRAYER

WHEREFORE, it is most respectfully prayed to this

Honorable Court that the instant petition be granted, and that
the Register of Deeds be ordered to cancel the two-year lien
and/or encumbrance appearing at the dorsal portion of their
Transfer Certificate of Title No. 004-2018002917;

Other reliefs, just and equitable under the premises are

likewise prayed for.

VERIFICATION AND CERTIFICATION OF

NON-FORUM SHOPPING

We, Juan and Juana De la Cruz of legal age, after having

been duly sworn in accordance with law, depose and state
that:

1. We are the petitioners in the above-stated case;

2.We caused the preparation of the foregoing complaint;

3. We have read the contents thereof and the facts

stated therein are true and correct of our personal
knowledge and/or on the basis of copies of
documents and records in our possession;

4. We have not commenced any other action or

proceeding involving the same issues in the
Supreme Court, the Court of Appeals, or any other
tribunal or agency;

5. To the best of our knowledge and belief, no such

action or proceeding is pending in the Supreme
Court, the Court of Appeals, or any other tribunal or
agency;

6. If we should thereafter learn that a similar action or

proceeding has been filed or is pending before the
Supreme Court, the Court of Appeals, or any other
tribunal or agency, I undertake to report that fact
within five (5) days therefrom to this Honorable
Court.

___________________________ ___________________________
 Affiant Affiant

SUBSCRIBED AND SWORN to before me this ___

day of __________ 2018 at _________________ affiant exhibiting
to me their Passport Nos. ____________________ issued on
________________ 20__ at ______________ City.

Notary Public

Doc. No. ___;

Page No. ___;
Book No. ___;
Series of 200__.