Petition Cancellation Adverse Claim Black Edited

Republic of the Philippines
REGIONAL TRIAL COURT

FIRST JUDICIAL REGION
BRANCH ______
Baguio City
IN RE: PETITION FOR THE

CANCELLATION
OF
ADVERSE
CLAIM IN TCT NO. 018-2011001191
LRC CASE No. ________
SPS. DWIGHT C. BLACK and SOFIA

S. RELLAMA-BLACK,
Petitioners,
PETITION
With all due respect to the Honorable Court.
Petitioners through the
undersigned counsel most respectfully state that:

1.
Petitioners are both of legal age, Filipinos, and residents of No. 14 Tacay
Road, Pinsao Proper, Baguio City, Philippines.
They can be served with
notices, orders, judgment writs and other court processes of the Honorable
Court through the undersigned counsel whose address is indicated herein.
2.
Respondent LYNNIE ANTHONETTE G. VINO, is of legal age, married,

Filipino citizen, and with postal address at Lot 9 Block 1 Eagle Crest
Subdivision, Bakakeng, Baguio City, Philippines and she may be served with
summons and other court processes at the given address;
3.
Respondents spouses EDWIN G. VALENCIA and
NANCY A.
VALENCIA, both of legal age, Filipino citizens, and with postal address at No.
40 Upper Malvar Street, Aurora Hill, Baguio City, Philippines, where they
may be served summons and other court processes of the Honorable court;
4.
The office of the Register of Deeds of Baguio City is impleaded as a

necessary party, with official address at the City Hall, Baguio City where it
may be served with summons and other court processes of the Honorable
court;
Petition
Page 2 of 5
5.
Petitioners are the true and registered owners of a certain parcel of land
which is covered by Transfer Certificate of Title with number 018-2011001191
and more particularly described as follows:
Transfer Certificate of Title No. 018-2011001191
A PARCEL OF LAND (LOT 2-B OF THE SUBDIVISION PLAN
(LRA) PSD-420673 APPROVED AS A NON-SUBDIVISION
PROJECT, BEING A PORTION OF LOT 2, (LRC) PCS-2636 CIVIL
RESERVATION 211, SITUATED ON THE BARRIO OF RES. SEC.
J, CITY OF BAGUIO, ISLAND OF LUZON. BOUNDED ON THE
NE., AT POINTS 4 TO 1 BY LOT-B-4-C, (LRC) PSD-24699; ON
THE SE., AT POINTS 1 TO 2 BY LOT 2-A OF THE SUBDIVISION
PLAN; ON THE SW., AT POINTS 2 TO 3 BY (LRC) PCS-2636; ON
THE NW., ALONG LINE 3 TO 4 BY PROPERTY OF GEROLD LINO
PISTOLA. BEGINNING AT A POINT MARKED 1 ON PLAN.
BEING N. 70 DEG. 32 W., 1928.63 M. FROM TRI. STA. BOYD
BAGUIO TOWNSITE; THENCE x x x; CONTAINING AN AREA OF
THREE HUNDRED SIXTY FOUR SQUARE METERS (364) SQ.
M.), MORE OR LESS. x x x.
A photocopy of the Transfer Certificate of Title of the aforedescribed parcel of
land is hereto attached as ANNEX A and is made an integral part hereof.
6.
The subject property was acquired by Petitioners from Tito J. Rimando

through the latters Attorney-in-Fact, Richard F. Banaa on April 2, 2011 as
evidenced by a Deed of Sale of a Portion of Registered Land executed by the
latter in Petitioners favor. The property acquired by Petitioners
7.
8.
A photocopy of the aforementioned Deed of Sale is hereto attached as

ANNEX B and is made an integral part hereof.
9.
10.
Previous to the parties sale on April 2, 2011, Petitioners verified with the
Registry of Deeds for Baguio City the status of the
11.
Before and during thePetitioners bought the subject property from Tito
J. Rimando through his attorney-in-fact Richard Banana, which is, a portion
of a parcel of land owned by Tito J. Rimando which was covered by Transfer
Certificate of Title No. 018-2010002760;
12.
When petitioners bought the property on April 2, 2011, they checked the
file copy of the TCT No. 018-2010002760 to the Registry of Deeds of
Petition
Page 3 of 5
Baguio City and found no adverse claims from respondents, and even
when petitioners caused the annotation of Certificate Authorizing
Registration issued by the BIR, on April 08, 2011, there were no
annotations of any encumbrance of adverse claims from the
respondents;
13.
Petitioners had found out of these adverse claims by respondents only

when the new Transfer Certificate of Title in their name was issued by
the Registry of Deeds of Baguio;
14.
15.
That annotated on said Transfer Certificate of Title No. 018-2011001191

are the following entries, to wit:
A. Entry
No. 2011001305- NOTICE OF ADVERSE CLAIM :
EXECUTED BY LYNNIE ANTHONETTE G. VINO, CLAIMING

AMNG OTHERS AFFECTING THE PROPERTY DESCRIBED
HEREIN IN ACCRDANCE WITH DOC. NO. 462, PAGE NO. 93,
BOOK NO XXXIV, SERIES OF 2011 OF NOTARY PUBLIC OF
BAGUIO CITY, MR. REYNALDO B. CAJUCOM, DATED APRIL 15,
2011
B. Entry No.:2011001622- NOTICE OF ADVERESE CLAIM :
EXECUTED BY SPOUSES EDWIN G. VALENCIA AND NANCY A.
VALENCIA, CLAIMING AMONG OTHERS AFFECTING THE 364
QUARE METERS PORTION OF THE PROPERTY DESCRIBED
HEREIN, IN ACCORDANCE WITH DOC. NO. 61, PAGE NO. 13,
BOOK NO. II, SERIES OF 2011 OF NOTARY PUBLIC OF BAGUIO
CITY, ATTY. EDWIN U. MARQUEZ, DATED MAY 12, 2011.
Petition
Page 4 of 5
16.
The annotation of adverse claims on the title is an unnecessary

encumbrance which is derogatory to the title and ownership of the
petitioner; As such it is imperative that the adverse claims be cancelled;
17.
Moreover, these unnecessary encumbrances of adverse claims were

annotated now for more than thirty(30) days from its entry, and it
likewise imperative that the adverse claims be cancelled;
18.
That by reason of the actuations of the respondent petitioner was

compelled to secure the services of counsel and initiate the present suit
and spend for this case in the amount of 15,000.00 pesos;
PRAYER
WHEREFORE, pursuant to law, and in view of the fact that the adverse claim
has lost its effectively it is respectfully prayed that after due proceedings, an order be
entered directing the Register of Deeds of Baguio City to cancel Entry no.
___________ as annotated on Transfer Certificate of Title No. _______________
and to order the respondent ___________________ to pay 15,000.00 as attorneys
fees and cost for this suit;
Petition
Page 5 of 5
Such other reliefs which may be just and equitable under the premises are
likewise prayed for.
Baguio City, Philippines, ___ day of July 2011.
By:
MANAOIS AND NAVARRO LAW OFFICES

Counsel for the Petitioner
nd
2 Flr., BBCCC Bldg., Cooperative St. corner
Assumption Road, Baguio City
MARK NOEL A. NAVARRO
Of Counsel
Roll No. 48664; May 3, 2004
PTR No. 2171442; 01.07.2008; Baguio City
IBP Member 695289; 01.10.2008; Isabela
MCLE Cert. of Compliance No. II-0011269;
08.21.2008; Pasig City

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Republic of the Philippines

REGIONAL TRIAL COURT

IN RE: PETITION FOR THE

LRC CASE No. ________

SPS. DWIGHT C. BLACK and SOFIA

Petitioners through the

undersigned counsel most respectfully state that:

They can be served with

Respondent LYNNIE ANTHONETTE G. VINO, is of legal age, married,

Respondents spouses EDWIN G. VALENCIA and

The office of the Register of Deeds of Baguio City is impleaded as a

The subject property was acquired by Petitioners from Tito J. Rimando

A photocopy of the aforementioned Deed of Sale is hereto attached as

Petitioners had found out of these adverse claims by respondents only

That annotated on said Transfer Certificate of Title No. 018-2011001191

No. 2011001305- NOTICE OF ADVERSE CLAIM :

EXECUTED BY LYNNIE ANTHONETTE G. VINO, CLAIMING

The annotation of adverse claims on the title is an unnecessary

Moreover, these unnecessary encumbrances of adverse claims were

That by reason of the actuations of the respondent petitioner was

Baguio City, Philippines, ___ day of July 2011.

MANAOIS AND NAVARRO LAW OFFICES

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