Republic of the Philippines

REGIONAL TRIAL COURT

______Region
BRANCH ______
______

IN RE: PETITION FOR THE

CANCELLATION OF ADVERSE
CLAIM INVOLVING LOT NO.
___________, COVERED BY
TRANSFER CERTIFICATE OF
TITLE NO. __________ OF
THE REGISTRY OF DEEDS
FOR THE PROVINCE OF ______

MSC. CAD CASE No. _____

_______________,
Petitioner,

_________________ and
THE REGISTER OF DEEDS
FOR THE PROVINCE OF ______
Respondent.

PETITION

PETITIONER, by and through the undersigned counsel and unto

this Honorable Court most respectfully depose and aver that:

1. Petitioner _____________ is of legal age, Filipino citizen,

widow and a resident of _______________. She 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-under;

2. Respondents ________________, they are represented

in this case by their attorney-in-fact ________________ by virtue of
a special power of attorney herewith attached as ANNEX “A”. The
latter is a Filipino Citizen, of legal age, married and a resident of
_______________, Philippines, where he can be served with
summons and other court processes;

3. Register of Deeds of the Province of ______, is the

government agency tasked with the registration and custody of land
 Petition
Page 2 of 3

titles, among others, and may be served with summons and other
processes of this Honorable Court at LRA Building, ______ Respondent
is impleaded in this petition as a necessary party for the institution of
this action;

4. Petitioner is the true and registered owner of a parcel of

land covered by Transfer Certificate of Title number ________, more
particularly described as follows:

Transfer Certificate of Title No. ________

“A parcel of land (Lot _________, of the subdivision

survey, Psd-______being a portion of Lot ___________,
situated in the ____________, Province of Albay (sic). x
x x Containing an area of ______SQUARE METERS x x
x”

A photocopy of the Transfer Certificate of Title of the afore-

described parcel of land is hereto attached as ANNEX “B” and is made
an integral part hereof.

5. That annotated on said Transfer Certificate of Title No.

___________ is the entry, to wit:

Transfer Certificate of Title No. ______

Entry No. ______ . . . . . . . . . . . . . . . . . . . ADVERSE CLAIM

NOTICE OF ADVERSE CLAIM executed by
_______________who assert certain rights and privilege over
this property in accordance with ______.
Date of Inscription: ______

6. The Respondents who executed the adverse claim in the

subject property were Assignees of the ½ of the area of the entire
properties covering TCT. No. __________;

7. The Petitioner will now subject the property to a Sale in

which the Respondents through their attorney-in-fact secured a
negotiation for their one-half share;

8. The Respondents through their attorney-in-fact executed an

Affidavit of Cancellation of Adverse Claim in TCT No. ________ to
enable them to have a free disposal thru Sale of the subject property.
Copy of the affidavit is hereby attached as ANNEX “C”;

9. The annotation of the adverse claim on the title is an

unnecessary encumbrance which is derogatory to the title and
 Petition
Page 3 of 3

ownership of the Petitioner; as such it is imperative that the adverse

claim be cancelled;

10. Moreover, this unnecessary encumbrance of adverse claim

was annotated now for more than thirty (30) days from its entry, and
likewise imperative that the adverse claim be cancelled.

PRAYER

WHEREFORE, pursuant to law, and in view of the fact that the

adverse claim has lost its effectivity it is respectfully prayed that after
due proceedings, an order be entered directing the Register of Deeds of
______ to cancel Entry no. ___________ as annotated on Transfer
Certificate of Title No. _________.

Such other reliefs which may be just and equitable under the
premises are likewise prayed for.

______, January 18, 2017.

Counsel for the Petitioner

By:

Copy furnished:

OFFICE OF THE PROVINCIAL REGISTER OF DEEDS

______