REPUBLIC OF THE PHILIPPINES

THIRD JUDICIAL REGION

REGIONAL TRIAL COURT
Branch 60
Angeles City

XXX
Plaintiffs,
-versus- CIVIL CASE NO. 6764097

YYY
Defendants.
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MOTION TO CANCEL NOTICE OF

LIS PENDENS
Movant, CCC, through the undersigned counsel and unto this Honorable
Court, respectfully alleges that:

1. Movant is of legal age, Filipino citizen, single, and a resident of Angeles City.
For purposes of these proceedings, Movant may be served with summons,
pleadings, and other lawful processes of this Honorable Court through
undersigned counsel at the address indicated below.

2. Movant is the lawful owner of several parcels of agricultural land located in

Barangay Planas, Municipality of Porac, Pampanga, covered by Transfer
Certificate of Title Nos. 123, 456 and 789 (herein referred to as “subject
property/ies”).
Attached as “A” and series, “B” and series, “C” and series, “D” and series,
“E” and series and “F” and series are copies of Transfer Certificate of Title
Nos. 123,456,789, respectively.

3. On the third page of Transfer Certificates of Title of each subject property,

there appears an identical annotation which reads:

“Entry No. 0001 -Notice of Lis Pendens in favor of XXX– The lot
herein described is included in the Notice of Lis Pendens
inscribed at the back of T-123.
Date of Doc. 6-28-85
 Date of Insc. 7-1-85 at 2:00 p.m.
Sgd. Reg. of Deeds
Note: Carried over from 123 on this 29th day of Nov., 1996.
Reg. of Deeds”

4. Sometime in 1985, while the instant case was still ongoing, XXX caused the
abovementioned annotation of Notice of Lis Pendens on the titles of the
subject properties.

5. Records of this case showed that a Decision dated 25 March 1992 was
affirmed on appeal by the Court of Appeals in a decision dated 04 December
2002.

6. On 29 May 2003, a Compromise Settlement was entered into by the parties of

the above-entitled case, which was thereafter approved by the Court of
Appeals in a Resolution date 29 January 2002. Subsequently, an Entry of
Judgment was entered.

7. The records of the above-entitled case were remanded back to this Honorable
Court on 30 July 2004.

8. In view of the finality of the said Compromise Agreement, the action is

deemed disposed as early as 2004 and the rights of the herein Plaintiffs who
caused the annotation is now deemed terminated. In which reason, the notice
of lis pendens has lost its efficacy and would now be cancelled in accordance
with section 77 of Presidential Decree No. 1529.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed of the

Honorable Court that Entry No. 00001– Notice of Lis Pendens in favor of XXX on
the Transfer Certificate of Title Nos. 123,456,789 issued by the Register of Deeds
of Mars be CANCELLED.

Other reliefs and remedies as may be deemed just and equitable under the
premises are likewise prayed for.

___________, 07 November 2019.

NOTICE OF HEARING