REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
BRANCH 132, MAKATI CITY

IN THE MATTER OF PETITION

FOR CANCELLATION OF ADVERSE
CLAIM ANNOTATED IN TRANSFER
CERTIFICATE OF TITLE NO. 217383

LRC No. _____

MILAGROS P. BARRIOS,
Petitioner,

OFFICE OF REGISTER OF DEEDS OF

MAKATI CITY,
Respondent.
x-----------------------------------------------x

AMENDED PETITION

PETITIONER, MILAGROS P. BARRIOS, through the undersigned counsel

most respectfully alleges that:

1. Petitioner MILAGROS P. BARRIOS is of legal age, married, Filipino and

with address at 8862 Sampaloc St., San Antonio Village, Makati City, herein referred to
as Petitioner;

2. Office of the Register of Deeds of Makati City is hereby impleaded as

nominal party respondent being the government office tasked and under duty to
register, annotate, keep and maintain records of titles to real properties and deeds
thereof, with office address at 5th Floor, Makati City Hall, Poblacion, Makati City;

SUBJECT OF THE CASE

3. The subject matter of the instant Petition is the Transfer Certificate of

Title No. 217383 in the name of the Petitioner with an area of five hundred twenty
seven square meters (527) more or less situated in Makati City and more particularly
described as follows to wit:

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 TCT No. 217383

“A parcel of land (Lot No. 26, block no. 18 of the

subd. plan Psd. 26396 being a portion of block 18 described
on plan Psd 26099, (GLRO Rec. No. 2029) situated in the
Municipality of Makati, Prov. of Rizal, xxxx xxxx containing
an area of five hundred twenty seven (527) SQ. M. more or
less.”

Copy of said title is hereto marked as Annex “A” and made an integral part hereof;

FACTS IN COMPENDIUM

4. Petitioner is one of legal heirs over the subject property with Transfer
Certificate of Title No. 97730 of the Registry of Deeds of Makati City of her deceased
father, Marcelo Pascua, in whose name then registered the said title;

5. After the demise of Petitioner’s father September 3, 1983 copy of the

Death Certificate is marked as Annex “B” and made an integral part hereof, the
surviving legal heirs decided to settle the subject property among others, among
themselves by executing to that effect a deed denominated as Extra Judicial Settlement
of the Estate of Marcelo Briones Pascua and Calixta Pascua” marked an Annex “C”
hereof and made an integral part hereof, in which the interests and rights on the now
subject property had been agreed upon and waived by the heirs in favor of the
Petitioner;

6. With the adjudication and award to the Petitioner of the Property, all
appurtenant taxes, fees and miscellaneous charges had been eventually and properly
settled for the ultimate transfer and registration in the name of the Petitioner of the title
to the said property as revealed by the following receipts, certification (s)/declaration
and returns as “Estate Tax Return” marked as Annex “D”; Donor’s Tax Return” marked
as Annex “E”; Heir’s Bond” marked as Annex “F”; Official Receipt No. 215511-2 dated 6-
6-2001in Makati City marked as Annex “G”; Authority to Accept Payment marked as
Annex “H”; Official Receipt from Office of the Treasurer of Makati City” marked as
Annex “I”; “Official Receipt Nos. 4005923, 1564191 and 1564187 all of D.B.P. marked
respectively as Annexes “J”, “K and “L”; “Certificate Authorizing Transfer/Registration
marked as Annex “M”, Declaration of Real Property” marked as Annex “N”; Certificate of
Non-Delinquency” marked as Annex “O”;

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 7. Having satisfied the requirements for the transfer and registration of
the said property now in the name of the Petitioner, the subsequent title and from the
Registry of Deeds of Makati City presently stands in the name of Petitioner with
Transfer Certificate of Title No, 217383;

8. Until one day or on April 03, 2001 to the immense surprise and
puzzlement of the Petitioner, a certain TEOFILO C. CUADRADO has filed to the Registry
of Deeds of Makati City an “Adverse Claim”, copy of which is marked as Annex “P” and
made an integral part hereof, over the subject property at the time the title thereto was
still in the name of Petitioner’s deceased father for which not having been cancelled has
been carried over to the now title in the name of the Petitioner. The said adverse claim
came into existence on the strength of a purported “Real Estate Mortgage”, copy of
which is marked as Annex “Q” and made an integral part hereof, allegedly between the
then Marcelo Pascua (Petitioner’s deceased Father) on the one hand, and alleged
Teofilo C. Cuadrado, on the other hand;

9. Petitioner has no knowledge whatsoever of any claim filed by

respondent and if he has one, he should thereafter file any action to effectuate his
claim over the property in question to justify his filing of adverse claim over the
property;

10. The affidavit of adverse claim was duly annotated on the cancelled
Transfer Certificate of Title No. 97730 on April 3, 2001 but was carried over to the new
Transfer Certificate of Title No. 217383 issued to herein petitioner and more than
thirty days (30) had elapsed since the adverse claim was registered. Hence,
the same may now be cancelled pursuant to Section 70 of P.D. 1529.

xxx.xxx.xxx…
Under the second paragraph of Section 70, P.D.
1529, the adverse claim shall be effective for a
period of thirty (30) days from the date of
registration, and it may be cancelled:

(a) After the lapse of said 30 days, upon the

filing by the party in interest of a verified petition
for such purpose. …….

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 xxx.xxx.xxx…

PRAYER

WHEREFORE, in view of the foregoing, it is most respectfully prayed for unto

this Honorable Court the judgment be rendered ordering the Register of Deeds of
Makati City to cancel the adverse claim annotated in Transfer Certificate of Title No.
217383 registered under the name Milagros Barrios.

Other reliefs just and equitable are likewise prayed for under the premises.
May 25, 2004, Quezon City for Makati City.

VALDEZ MAULIT & ASSOCIATES

4th Floor, DU-VAL Building.
669 Aurora Blvd., Quezon City
By:

MAMYRLITO D. TAN
PTR No. 0060468/1-21-04/C.C.
IBP No. 594467/1-21-04/C.C.
Roll No. 46411

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 VERIFICATION/CERTIFICATION

I, Milagros Barrios, of legal age, Filipino and a resident of 8862 Sampaloc Street.,
San Antonio Village, Makati City after having been duly sworn to pursuant to law do
hereby depose and state that:
That I am petitioner in the above entitled case;
That I have caused the preparation of the foregoing amended petition;
That I have read the same and that the contents thereof are true and correct of
my own personal knowledge.

I hereby certify that I have not commenced any other action or proceeding
involving the same issues in the Supreme Court, Court of Appeals or any other tribunal
or agency and to the best of my knowledge no such action is pending in said courts or
agency and if thereafter I will learn of such similar action I undertake to report that fact
within five (5) days there from to the court or agency which the original pleading
contemplated has been filed.

MILAGROS BARRIOS
Petitioner

SUBSCRIBED AND SWORN to before me, a Notary Public for

and in Quezon City this _____day of May 2004.

NOTARY PUBLIC

Doc No._____;
Page No._____;
Book No. _____;
Series of 2004