Republic of the Philippines vu gn ert REGIONAL TRIAL COURT WM AAO Third Judicial Region ere Branch 19 OFFICE OF Te ‘SOLICHTOR GENERAL vw) FEB 18 2019 DOCKET MANAGEMENT SERVIC" Malolos City, Bulacan PomPEYO DIAZ Lorena Lerma M. Lunar IN RE: PETITION FOR CANCELLATION OF ENTRY PURSUANT TO SEC.7 OF RA 26 ON TCT NOS. 039-2015009198 TO 039- 2015009222, ALL OF THE REGISTRY OF DEEDS FOR THE PROVINCE OF BULACAN (GUIGUINTO) P-604-2016 LANDCO PACIFIC CORP., AB HOLDING, INC., ALEXCY CORP., AXB HOLDING CORP., & SOLUCIONES INC.,, Petitioner. DECISION Submitted for decision is the petition filed by Landco Pacific Corp., AB Holdings Inc., Alexcy Corp AXB Holding Corp Soluciones Inc. for the cancellation of annotation pursuant to Sec. 7 of RA. 26 on TCT Nos. 039-2015009148 up to 039- 2015009368 which were derived from RT-66454 (T-259661), RT-66452 (T-259660), RT-66451 (T-259662) and RT-66455 (T-259663) registered with the Registry of Deeds of Bulacan, Guiguinto Office The petition was called for initial hearing on August 31, 2017, in the presence of the Asst. Provincial Prosecutor assigned to this court and the following jurisdictional facts were presented, to wit: Exhibit “A” = Petition dated August 30, 2016 ; Exhibit"A-1” Signature of the _petitioner’s representative Exhibit "A-2” -_ Stamp mark receipt of the petition by the OSG; Exhibit "A-3” - Stamp mark receipt of the petition by the Registry of Deeds Guiguinto Office Exhibit "B” - Order of the court dated June 24, 2017 Exhibit"B-1" _- Registry return receipt of the copyP-604- LANCO PACIFIC CORP.etal, petitioner Page 2 of 8 of the Order sent to AXB Holdings, Inc. Exhibit "B-2" - registry return receipt of the copy of the Order sent to Landco pacific Corporation Exhibit "B-3” registry return copy of the order sent to Land Registration Authority Exhibit"B-4” - registry return receipt of copy of the Order sent to OSG Exhibit "6-5" - Registry return receipt of copy of the Order sent to the Registry of Deeds of Bulacan, Guiguinto Office Exhibit"B-6" - Registry return receipt of copy of the Order sent to the Office of the Provincial Prosecutor of Bulacan Exhibit™B-7" - Copy of the Order sent to Petitioner's counsel which was actually received by Atty. Malaluan Exhibit *c” - Certificate of Posting Exhibit “D” - Notice of Appearance by the Office of the Solicitor General Exhibit "D-1" - —_Deputization letter to the Office of the provincial Prosecutor of Bulacan by OSG to represent the government Evidence adduced by the petitioners on May 3, 2018 in the presence of the Public Prosecutor assigned to this court showed that: 1, They are corporations duly organized and existing under the laws of the Philippines and they are represented by Marves A Florendo in this petition by virtue of a Secretary’s Certificate executed by Antonio A. Picazo on July 28, 2016 of Landco Pacific Corp., (Exhibit “E”) by Kristen Jeanette M. Yap on July 21, 2016 of AB Holding, Inc, (Exhibit “F”), by Ms. Theresa X. Loanzon on July 25, 2016 of AXB Holding Corporation (Exhibit “G"), and by Jenalyn C. Suarez on July 20, 2016 of Soluciones Incorporated ( Exhibit “W); 2. They are the registered owners of the following parcels of land located in Sto. Cristo (now Pagala), Baliuag, Bulacan to wit: /_Decision P-604-2016 LANCO PACIFIC CORP.etal, petitioner Page 3 of 8 (The following titles are registered under the name of LANDCO PACIFIC CORP.) TCT NO. AREA LOCATION 039-2015009198 219 sq.m. Lot 14 Bik.3 Sto. Cristo, Baliuag, Bulacan 039-2015009199 243 sq.m. Lot 15 Bik.3 Sto. Cristo, Baliuag, Bulacan 039-2015009200 168 sq.m. Lot 16 Blk.3 Sto. Cristo, Baliuag, Bulacan 039-2015009201 239 sq.m. Lot 17 Bik.3 Sto. Cristo, Baliuag, Bulacan 039-2015009202 224 sq.m. Lot 18 Bik.3 Sto. Cristo, Baliuag, Bulacan 039-2015009203 220 sq.m. Lot 19 Bik.3 Sto. Cristo, Baliuag, Bulacan 039-2015009204 151 sq.m. Lot 20 Bik.3 Sto. Cristo, Baliuag, Bulacan 039-2015009205 122 sq.m. Lot 21 BIk.3 Sto. Cristo, Baliuag, Bulacan 039-2015009206 122 sq.m. Lot 22 BIk.3 Sto. Cristo, Baliuag, Bulacan 039-2015009207 122 sq.m. _Lot 23 BIk.3 Sto. Cristo, Baliuag, Bulacan (The following titles are registered under the name of Soluciones Inc.) TCT NO. AREA LOCATION 039-2015009208 122 sq.m. Lot 24 Bik.3 Sto. Cristo, Baliuag, Bulacan, 039-2015009209 122 sq.m. Lot 25 Bik.3 Sto. Cristo, Baliuag, Bulacan (The following titles are registered under the name of LANDCO PACIFIC CORP.) TCT NO. AREA LOCATION 039-2015009210 122 sq.m. Lot 26 Bik.3 Sto. Cristo, Baliuag, Bulacan 039-2015009211 122 sq.m. Lot 27 Bik.3 Sto. Cristo, Baliuag, Bulacan_¢Decision P-604-2016 LANCO PACIFIC CORP.etal, petitioner Page 4 of 8 (The following titles are registered under the name of Soluciones Inc.) TCT NO. AREA LOCATION ©39-2015008212 122 sq.m. Lot 28 Bik.3 Sto. Cristo, Baliuag, Bulacan (The following titles are registered under the name of AXB Holdings Corp.) TCT NO. AREA LOCATION 039-2015009213 122 sq.m. Lot 29 Bik.3 Sto. Cristo, Baliuag, Bulacan (The following titles are registered in the name of LANDCO PACIFIC CORP.) TCT NO. AREA LOCATION 039-2015009214 122 sq.m. Lot 30 Blk.3 Sto. Cristo, Baliuag, Bulacan 039-2015009215 122 sq.m. Lot 31 Blk.3 Sto. Cristo, Baliuag, Bulacan 039-2015009216 122 sq.m. Lot 32 Bik.3 Sto. Cristo, Baliuag, Bulacan, (The following titles are registered under the name of AXB Holdings Corp.) TCT NO. AREA LOCATION 039-2015009217 122 sq.m. Lot 33 Bik.3 Sto. Cristo, Baliuag, Bulacan 039-2015009218 122 sq.m. Lot 34 Blk.3 Sto, Cristo, Balluag, Bulacan (The following titles are registered in the name of LANDCO PACIFIC CORP.) TCT NO, AREA LOCATION 039-2015009219 122 sq.m. Lot 35 Blk.3 Sto. Cristo, Baliuag, Bulacan.Decision P-604-2016 LANCO PACIFIC CoRPetal, petitioner Page 5 of 8 039-2015009220 133 sq.m. Lot 36 Blk.3 Sto. Cristo, Baliuag, Bulacan (The following title is registered in the name of LANDCO PACIFIC CORP., Alexcy Corp. & AB Holdings Inc.) TCT NO. AREA LOCATION 039-2015009221 36 sq.m. Lot 37 Blk.3 Sto, Cristo, Baliuag, Bulacan (The following title is registered in the name of AB Holdings Inc.) TCT NO. AREA LOCATION 039-2015009222 129 sq.m. Lot 38 BIk.3 Sto. Cristo, Baliuag, Bulacan 3. TCT nos. 039-2015009148 up to 039-2015009368 were derived from RT-66454 (T-259661), RT- 66452 (T-259660), RT-66451 (T-259662) and RT- 66455 (T-259663) that were administratively reconstituted on July 29, 1998 pursuant to RA. No. 26 and the following encumbrace was entitled to wit ; “Pursuant to sec. 7 of Rep. Act No. 26, this certificate of title is without prejudice to any party whose right or Interest on the property was duly noted on the original or reconstituted certificate of title no.___at the time it was destroyed,” 4. A certification (Exhibit "RR”) dated August 12, 2016 was issued by the Land Registration Authority Certifying that TCT nos. 039-2015-009148 up to 039-2015009368 were derived from RT-66454 (T- 259661), RT-66452 (T-259660), RT-66451 (T- 259662) and RT-66455 (T-259663) which were administratively reconstituted on July 29, 1998 and that the two (2) year period is deemed to have lapsed or expired on July 29, 2000 without anybody laying any claim or interest thereonDecision P-604-2016 LANCO PACIFIC CORP.etal, petitioner Page 6 of 8 5. The said properties were declared for taxation Purposes and the real property tax were duly paid to wit; TCT No. | Tax Declaration/ | Tax Clearance 4 ARP No. OR No. 039- 2014-03010- 1873479 2015009198 04687 039- 2014-03010- 1873480 2015009199 04691. 039- 2014-03010- 1873480 2015009200 04690 | 039- 2014-03010- 1873480 2015009201 04689 | 039- 2014-03010- 1873479 2015009202 04682 039- 2014-03010- 1873478 2015009203 04673 039- 2014-03010- 1873478 2015009204 04674 (039- 2014-03010- 1873478 2015009205 04675 039- 2014-03010- 1873478 2015009206 04676 039- 2014-03010- 1873478 2015009207 04677 039- 2014-03010- 1873453 2015009208 04678 _ 039- 2014-03010- 1873453 2015009209 _ 04679 039- 2014-030%0- 1873479 2015009210 04680 d 039- 2014-03010- 1873473 2015009211 04636 039- 2014-03010- 1873453 2015009212 04635 (039- 2014-03010- 1873457 2015009213 04634 039- 2014-03010- 1873473 2015009214 04633 _ 039- 2014-03010- 1873473 2015009215 04632 039- 2014-03010- 1873473 2015009216 _| 04631 Z 039 2014-03010- 1873457 2015009217 04630 039- 2014-03010- 1873457 2015009218 04629 039- 2014-03010- 1873473 2015009219 04628 (039- 2014-03010- none 2015009220 04627 (039- 2014-03010- 1873482 2015009221 04626 - 039- 2014-03010- 1873455 2015009222 0462:Decision P-604-2016 LANCO PACIFIC CORP.etal, petitioner Page 7 of 8 The petitioners have a legal standing to file the petition being the registered owners of the subject parcels of land subject of the petition. The record shows that the petition was posted in the Bulletin Boards of the Municipal Hall of Baliuag and in the Provincial Capitol Building, Malolos City, Bulacan, thus, the Posting requirement under Section 9 of RA. No. 26 for jurisdictional acquisition was complied with as evidenced by the Certificate of Posting issued by the sheriff of this court (Exhibit °C”), With regard to the publication requirement as provided for under the first part of Section 9 of R.A. 26, there is no need for its compliance anymore because evidently the two (2) year period, giving a person whose right or interest was duly noted in the original certificate of title at the time it was lost or destroyed, he does not appeared as so noted on the reconstituted certificate of title which is the subject of the reservation provided for under Section 7, the opportunity to file a petition for the annotation of such right or interest on the certificate of title from the date of the reconstitution has already expired. Under the second part of the concerned section, there is no mention of any publication after the lapse of the two (2) year period and in fact on motion ex-parte by the registered owner, among others, can ask the court to order the Register of Deeds to cancel the encumbrances adverted to in Section 7. Section 9 of R.A. 26, insofar as pertinent, states: xxx Provided, however, that after expiration Of two years from the date of the reconstitution of a certificate of title, if no petition has been filed within that period render the preceding section, the Court shall on motion ex-parte by the registered owner or other person having registered interest in the reconstituted certificate of title, order the Register of Deeds to cancel after proper annotation, the encumbrance mentioned in Section Seven hereof. Consonant with the afore-cited legal authority it appearing that the two (2) year period has already elapsed from the issuance of the reconstituted certificate of title without anybody laying claim on it, with the petition having been posted in the municipal hall and provincial capitol building and the petition having been established by preponderant evidence, as prayed for, this court hereby GRANTS the petitionDecision P-604-2016 LANCO PACIFIC CORP.etai, petitioner Page 8 of 8 WHEREFORE, the Register of Deeds of Bulacan, Guiguinto Office, is hereby ordered to cancel the encumbrance annotated on TCT Nos, TCT nos. 039- 2015009148 up to 039-2015009368 were derived from RT- 66454 (T-259661), RT-66452 (T-259660), RT-66451 (T- 259662) and RT-66455 (T-259663) pursuant to and in accordance with Section 9 of R.A. 26. SO ORDERED. City of Malolos, Bulacan, December 27, 2018. LOOK bah Fiori c ¢ ( /FRANCISCO’P /FELIZMENIO / Presiding Judge Copy furnished: LRA RD Guiguinto, Bulacan OSG OPP-Bulacan Atty. Noel L. Malaluan Petitioner