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Alejandro Cancel Adverse Claim Annotation

Ernesto Alejandro filed a petition to cancel the annotation on the title of property covered by TCT No. 10148 in Mandaluyong City. The property was transferred to Alejandro in 1995 as part of an extrajudicial settlement of his father's estate. Section 86 of PD 1529 requires a two-year lien be placed on titles transferred through extrajudicial settlement to allow for claims from creditors or heirs. As more than two years have passed since the property's transfer without any claims, the court granted Alejandro's petition and ordered the Register of Deeds to cancel the two-year lien on the title.

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56 views3 pages

Alejandro Cancel Adverse Claim Annotation

Ernesto Alejandro filed a petition to cancel the annotation on the title of property covered by TCT No. 10148 in Mandaluyong City. The property was transferred to Alejandro in 1995 as part of an extrajudicial settlement of his father's estate. Section 86 of PD 1529 requires a two-year lien be placed on titles transferred through extrajudicial settlement to allow for claims from creditors or heirs. As more than two years have passed since the property's transfer without any claims, the court granted Alejandro's petition and ordered the Register of Deeds to cancel the two-year lien on the title.

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Mandaluyong Rtc
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© © All Rights Reserved
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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION


REGIONAL TRIAL COURT
BRANCH 208
MANDALUYONG CITY

IN RE: CANCELLATION OF
ANNOTATION ON TRANSFER
CERTIFICATE OF TITLE NO.
10148
LRC- MC14-736

ERNESTO M. ALEJANDRO,
Petitioner.
x------------------------------------x

DECISION

Before this Court is a verified petition for cancellation of annotation on


TCT No. 10148 of the Register of Deeds for Mandaluyong City.

On 11 July 2014, this Court issued an Order setting the petition for
hearing on 14 August 2014, and directing petitioner to cause the posting of
the Order and a copy of the Amended Petition at the bulletin board of this
Court, main entrance of the of Mandaluyong City Hall of Justice, and at the
Bulletin Board of the Register of Deeds, Mandaluyong City and where the
Barangay where the property is located.

During the hearing on 21 November 2013, the following were


presented and marked:

Exhibit “A” - Amended Petition;


Exhibit “A-1” - Stamp Receipt of RD Mandaluyong
Exhibit “B” - TCT No. 10148
Exhibit “C” - Order dated 11 July 2014
Exhibit “C-1” - Return Card-RD Mandaluyong
Exhibit “D” - Certificate of Posting

Thereafter, the Petitioner took the witness stand last 11 November


2014. The Petitioner identified his Judicial Affidavit and the documents
mentioned therein. The Petitioner claimed that he is the owner of the
property covered by TCT No. 10148. The annotation appearing on the face
of the subject title is placed thereon as a requirement of law because the
property was transferred to his name as his share of the estate of his father

1
Basilio Alejandro pursuant to the Deed of Extrajudicial Settlement of the
estate of his father executed by himself and his siblings. The subject
property was previously owned by his father as the latter's share of the
estate of the Petitioner's grandfather, Castor Alejandro. The Petitioner
knows that the nature of the subject annotation is a lien on the property and
that for a period of two (2) years after the distribution of the estate of the
deceased, such property remains charged with liability to creditors or heirs
who may have any unsatisfied claim against the estate. The Petitioner
added that he now wants the same removed as it has already been nineteen
years since the property was transferred in his name in 1995 and since then
no one has made any claim to the said property. No one has also filed any
suit or actiopn to claim any right over the property to claim that he was
deprived of his inheritance from the Petitioner's father.

The Court

Section 86 of PD 1529 is provides, to wit:

Section 86. Extrajudicial settlement of estate. When a deed of extrajudicial


settlement has been duly registered, the Register of Deeds shall anno-
tate on the proper title the two-year lien mentioned in Section 4 of Rule 74
of the Rules of Court. Upon the expiration of the two-year period and presen-
tation of a verified petition by the registered heirs, devisees or legatees or
any other party in interest that no claim or claims of any creditor, heir or other
person exist, the Register of Deeds shall cancel the two-year lien noted
on the title without the necessity of a court order. The verified petition
shall be entered in the Primary Entry Book and a memorandum thereof made
on the title.

No deed of extrajudicial settlement or affidavit of adjudication shall be regis-


tered unless the fact of extrajudicial settlement or adjudication is published
once a week for three consecutive weeks in a newspaper of general circula-
tion in the province and proof thereof is filed with the Register of Deeds. The
proof may consist of the certification of the publisher, printer, his foreman or
principal clerk, or of the editor, business or advertising manager of the news-
paper concerned, or a copy of each week's issue of the newspaper wherein
the publication appeared. (Emphasis supplied.)

Applying the above-quoted provision to the instant case, the Court


likewise finds that the two year lien mentioned in Section 4, Rule 74 of the
Rules of Court has already lapsed without any claim or claims filed by any
creditor, heir or other persons. The Court notes that TCT No. 10148 was
issued in the name of the Petitioner last 10 July 1995. Thus, the same can
likewise be now cancelled.

After a judicious study of the facts of the case and the testimonial and
documentary evidence presented and formally offered by the Petitioner, this
Court resolves to GRANT the petition. The Court is satisfied that indeed the
two year lien annotated on the face of TCT No. 10148 can now be cancelled.

2
WHEREFORE, the petition is GRANTED. Accordingly, the Register of
Deeds of Mandaluyong City is ordered to cancel the two year lien annotated
on the of TCT No. 10148.

SO ORDERED.

5 February 2015, Mandaluyong City.

ESTEBAN A. TACLA JR.


Presiding Judge
msrt/eat

cc:

Atty. Eduardo V. de Mesa

Register of Deeds, Mandaluyong City

Bureau of Lands

Land Registration Authority

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