Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURT
MAKATI City
Branch ____

IN RE: IN THE MATTER OF THE

CANCELLATION OF LEGAL ENCUM-
BRANCE UNDER SECTION 7 OF RA 26
ON THE TRANSFER CERTIFICATE OF
TITLE NOS. 006-2020000165 AND 006-
2020000166 OF THE REGISTRY OF
DEEDS OF MAKATI CITY,

LRC Case No. _________

OFELIA BRAVO-QUESITAS
and SHEILA CHRISTINE
BRAVO GUERRERO
Petitioner.
x---------------------------------------x

PETITION

Petitioners, OFELIA BRAVO-QUESITAS and SHEILA

CHRISTINE BRAVO GUERRERO, through the undersigned
counsel, unto this Honorable Court, respectfully states that:

1. Petitioners are of legal age, Filipino citizens and residing and

with postal address at ____________________________;

2. Petitioners are the registered owner of parcel of land covered

by Transfer Certificate of Title Nos. 006-2020000165 and 006-
2020000166 of the Registry of Deeds of Makati City, certified
true copy of the aforesaid titles are hereto attached as ANNEX
“A” and “B” respectively;
3. The office of the Register of Deeds of Makati City is impleaded
as a necessary party, with office address at 5 th floor, New
Makati City Hall, J.P. Rizal Avenue, Corner F. Zobel Street,
Makati City where it may be served with summons and other
court processes of the Honorable court;

4. The said parcel of lands in the name of OFELIA BRAVO-

QUESITAS and SHEILA CHRISTINE BRAVO GUERRERO
are more particularly described as follows:

Transfer Certificate of Title N0. 006-2020000165

“A PARCEL OF LAND (LOT NO. 11, SUB-BLOCK

NO. 11, OF THE SUBDIVISION PLAN PSD-17574,
BEING A PORTION OF BLOCK NO. 13
DESCRIBED ON PLAN PSD-17083, G.L.R.O. REC.
NO. 2029), SITUATED IN THE MUNICIPALITY OF
MAKATI, PROVINCE OF RIZAL. BOUNDED ON
THE NE. BY STREET LOT OF THE SUBDIVISION
PLAN; ON THE SE. BY LOT NO. 12, SUB-BLOCK
NO. 11, OF THE SUBDIVISION PLAN; ON THE
SW. BY LOT NO. 13, SUB-BLOCK NO. 11, OF THE
SUBDIVISION PLAN; AND ON THE NW. BY LOT
NO. 10, SUB-BLOCK NO. 11, OF THE
SUBDIVISION PLAN. BEGINNING AT A POINT
MARKED “1” ON PLAN, BEING S. 42 DEG. 49’ W.,
3409.67 M. MORE OR LESS, FROM BLLM NO. 1,
MP. OF MAKATI, THENCE S. 80 DEG. 50’ W.,
25.50 M. TO POINT “2”; THENCE N. 9 DEG. 10’
W., 11.40 M . TO POINT “3”; THENCE N.80 DEG.
50’ E., 25.50 M. TO POINT “4”; THENCE S. 9 DEG.
10’ E., 11.40 M. TO THE POINT OF BEGINNING;
CONTAINING AN AREA OF TWO HUNDRED
NINETY ONE SQUARE METERS (291), MORE OR
LESS. ALL POINTS REFERRED TO ARE
INDICATED ON THE PLAN; AND ON THE
GROUND ARE MARKED BY P.L.S.
CYLINDRICAL CONCRETE MONUMENTS;
 BEARING TRUE; DECLINATION 0 DEG. 37’ E.,
DATE OF THE ORIGINAL SURVEY, DEC. 10, 1923
TO JAN. 9,1924 AND THAT OF THE
SUBDIVISION SURVEY, JAN. 16 TO MAR.30,
1940.”

Transfer Certificate of Title No. 006-2020000166

“A PARCEL OF LAND (LOT NO. 12, SUB-BLOCK

NO. 11, OF THE SUBDIVISION PLAN PSD-17574,
BEING A PORTION OF BLOCK NO. 13
DESCRIBED ON PLAN, PSD-17083, G.L.R.O. REC.
NO. 2029), SITUATED IN THE MUNICIPALITY OF
MAKKATI, PROVINCE OF RIZAL. BOUNDED ON
THE NE. BY STREER LOT, OF THE SUBDIVISION
PLAN; ON THE SE. BY STREET LOT, OF THE
SUBDIVISIONPLAN; ON THE SW. BY LOT NO.
13, SUB-BLOCK NO. 11, OF THE SUBDIVISION
PLAN; AND ON THE NW. BT LOT NO. 11, SUB-
BLOCK NO. 11, OF THE SUBDIVISION PLAN.
BEGINNING AT A POINT MARKED “1” ON
PLAN, BEING S. 42 DEG. 49’ W., 3409.67 M. MORE
OR LESS, FROM B.L.L.M. NO. 1, MP. OF MAKATI,
THENCE S. 9 DEG. 10’ E., 8.57 M TO POINT “2”;
THENCE; S. 35 DEG. 50’ w., 4.00 M. TO POINT “3”;
THENCE S. 80 DEG. 50’ W., 22.67 TO POINT “4”;
THENCE N. 9 DEG. 10’ W., 11.40 M. TO POINT
“5”; THENCE N. 80 DEG. 50’ E., 25.50 M. TO THE
POINT OF BEGINNING; CONTAINING AN
AREA OF TWO HUNDRED EIGHTY SEVEN
SQUARE METERS (287) MORE OR LESS. ALL
POINTS REFERRED TO ARE INDICATED ON
THE PLAN; AND ON THE GROUND ARE
MARKED BY P.L.S. CYLINDRICAL CONCRETE
MONUMENTS, BEARING TRUE; DECLANATION
0 DEG. 37’ E., DATE OF THE ORIGINAL SURVEY,
DEC. 10, 1923 TO MAR. 9, 1924 AND THAT OF
 THE SUBDIVISION SURVEY, JAN 16 TO MAR. 30
1940.”

5. The subject properties were acquired by petitioners from Roland

Bravo SR. through Judicial Partition as decided by the Supreme
Court in the case of Lily Elizabeth Bravo-Guerrero et al., V. Edward
P. Bravo.1

6. A photocopy of the above-mentioned decision is hereto

attached as ANNEX “C” and is made an integral part hereof;

7. That annotated on said Transfer Certificate of Titles Nos. 006-

2020000165 and 006-2020000166 are the following entries to wit:

A. “ENTRY NO. 11172 (10242)/T-59000 – NOTICE OF

ADVERSE CLAIM FILED BY DAVID BRAVO DIAZ
CLAIMING OWNERSHIP OVER THE PROPERTY
DESCRIBED IN THIS TITLE WHICH THE REGISTERED
OWNER HAVE SOLD TO THE ABOVE NAME VENDEE
(DOC NO. 499, PAGE NO. 101, BOOK NO. XXVI, S. OF
1995 OF THE NOT. PUBLIC FRANCISCO MALAYA.
DATE OF INSTRUMENT – 1-10-1995
DATE OF INSCRIPTION – 1-17-1995
(SGD) NILDA P. BONGAT
DEP.REG. OF DEEDS
COPIED FROM TCT NO. 59000”

B. “ENTRY NO. 9003/T-58999 – RESOLUTION – BY

VIRTUE OF THE RESOLUTION OF THE FIRST
DIVISION OF THE SUPREME COURT, MANILA, THE
URGENT MOTION OF ATTY. ISABELO A. CENDANA
JR., COUNSEL FOR INTERVENOR DAVID DIAZ, JR.,
TO ANNOTATE ATTORNEY’S LIEN PER AGREEMENT
DATED APRIL 9, 1999 AT THE BACK OF THE TITLE
UNDER LITIGATION PURSUANT TO SEC. 37, RULE
138 OF THE RULES OF COURT IS HEREBY GRANTED.
DATE OF INSTRUMENT – NOV. 10, 2004
1
Lily Elizabeth Bravo-Guerrero, et al., V. Edward P. Bravo, G.R. No. 152658, July 29, 2005
 DATE OF INSCRIPTION – JAN. 6, 2005
ATTY. DOROYLENE SB. YARA
DEPUTY REGISTER OF DEEDS
COPIED FROM TCT NO. 59000”

8. The annotation of adverse claims and attorney’s lien on the title

is unnecessary encumbrance which is derogatory to the title
and ownership of the petitioners;

DISUSSION

9. In the case of Lily Elizabeth Bravo- Guerrero, et al V. Edward P.

Bravo, the court specifically decided in its dispositive portion
that:

“WHEREFORE, we REVERSE the Decision of 21

December 2001 of the Court of Appeals in CA-G.R.
CV No. 67794. We REINSTATE the Decision of 11
May 2000 of the Regional Trial Court of Makati,
Branch No. 139, in Civil Case No. 97-137, declaring
VALID the Deed of Sale with Assumption of
Mortgage dated 28 October 1970, with the following
MODIFICATIONS:

1. We GRANT judicial partition of the subject

Properties in the following manner:

a. Petitioner LILY ELIZABETH BRAVO-

GUERRERO is entitled to one-third (1/3) of the
Properties;

b. Petitioner OFELIA BRAVO-QUIESTAS is

entitled to one-third (1/3) of the Properties;

c. The remaining one-third (1/3) portion of the

Properties should be divided equally between the
children of ROLAND BRAVO.
 2. The other heirs of ROLAND BRAVO must
reimburse ROLAND BRAVO, JR. for whatever
expenses the latter incurred in paying for and
securing the release of the mortgage on the
Properties.

SO ORDERED.”2

10.In the instant petition, it is evident, as decided by the

Supreme Court, that David Bravo Diaz and his
predecessors in interest are not entitled to one-half
(1/2) interest over the subject properties since the
former is not a child of Roland Bravo;

11.Moreover, there is nothing mentioned in the said

decision that confers ownership over the subject
properties to David Diaz and his predecessors in
interest;

12.The petitioners the true and real owners of the subject

properties as clearly conferred by the court; As such it
is imperative that the adverse claims and attorney’s
lien be cancelled;

13.Hence, this petition.

PRAYER

WHEREFORE, premises considered, it is most

respectfully prayed an order be entered directing the Registry
of Deeds of Makati City to cancel Entry No. 11172 and 9003/T-
58999 as annotated on Transfer Certificate of Title Nos. 006-
2020000165 and 006-2020000166.

Other measures of relief, which are just and equitable

under the premises, are likewise prayed for.
2
Id
 Respectfully submitted.

Pasig City for Makati City ___ March 2020.

LALO LAW FIRM

8th Floor Revolving Tower,
Market Avenue, Brgy. San Nicolas
Pasig City, Metro Manila Philippines
Tel. No. 637-3212

By:

REYNALDO ROSS D. SUCGANG IV

8th Floor, Pasig Revolving Tower
Market Avenue, Brgy. San Nicolas, Pasig City
Attorney’s Roll No. 68131
PTR No. 79991101; 1/4/2019, Metro Manila
IBP OR No. 058450, 1/30/2019 – Aklan Chapter
MCLE Compliance No. VI – 0006999, valid until 4/14/2022

Copy furnished:

OFFICE OF THE SOLICITOR GENERAL

134 Amorsolo St., Legaspi Village,
Makati City, Metro Manila, Philippines