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Republic of the Philippines

6th Judicial Region


REGIONAL TRIAL COURT
Branch 42
Hall of Justice, Bacolod City
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IN RE: IN THE MATTER OF


PETITION FOR CANCELLATION
OF ADVERSE CLAIM ON TCT
No. T-53046

DINO OWEN NAVA y Ramos CAD Case No.15-3673


Petitioner

-versus-

BENJAMIN RAMOS JR.,


SALLY PABLO y Ramos and
THE REGISTER OF DEEDS
OF BACOLOD CITY
Respondents
x----------------------------------------------x

MEMORANDUM
(For the Petitioners)

Petitioners, by counsel states that:

THE PARTIES
1. Petitioner, DINO OWEN NAVA y Ramos, is of legal
age, Filipino, and a resident of 27th Gov. Gatuslao
Street, Bacolod City, Philippines. For purposes of this
action Petitioner may be conveniently served with all
the notices, orders and other issuances of this
Honorable Court at the office address of the
undersigned counsel;

2. Respondent BENJAMIN RAMOS JR., is of legal age,


Filipino and is a resident of Tupaz Compound (Behind
Jollibee-North Drive), BS. Aquino Drive, Bacolod City,
Philippines while Respondent SALLY PABLO y Ramos
is a resident of Spain Street, Estancia Subdivision,
Mandalagan, Bacolod City, Philippines where they may
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be served with summons and other court processes of
the Honorable Court;

The office of the Register of Deeds of Bacolod City


is impleaded as a necessary party, with official address
at the Ground Floor, Hall of Justice, Bacolod City,
Philippines where it may be served with summons and
other court processes of the Honorable Court;

3. Spouses Nelly Nava and Atty. Ricardo Nava are the


registered owners of a parcel of land covered by TCT
No. T-53046,;

4. Petitioner is one of the surviving heirs of spouses Nelly


Nava and Atty. Ricardo Nava and presently the
possessor and occupant of the subject property;

5. During the lifetime of the spouses Nava the said parcel


of land, most particularly described as:

Transfer Certificate of Title


No. T-53046

A parcel of land (Lot No. 295 of the


subd. plan Psd-12396, being a portion of
Lot No. 410-B, described on plan Psd-
1360, G.L.R.O. Cad. Rec. No. 55), situated
in the Barrio of Mandalagan, Mun. of
Bacolod, Prov. of Neg. Occ. Island of
Negros xxx containing an area of ONE
THOUSAND FIFTY SQ. M. (1,050) more or
less.

was the subject of a litigation denominated as Civil


Case No. 6692 which the adverse parties are the
Respondents in this case, ANNEX A;

6. In the process of the litigation, the afore-named


Respondents registered their adverse claim on the
subject property and caused it to be annotated at the
back of the title of the property denominated as Entry
No. 173047, inscripted in July 17, 1991 at 10:20
a.m., ANNEX A-1;

7. In July 4, 2002, the RTC Branch 54, Bacolod City trying


the Civil Case No. 6692 issued an Order DISMISSING the
case in favour of the spouses Nava. The said Order
became final and executory due to the failure of the
Respondents to timely file their Motion for
Reconsideration and or Appeal. Attached is the Certified
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True Copy of the said Order, ANNEX B and the
Certificate of Finality, ANNEX B-1;

8. For all intents and purposes, the Respondents lost their


right whatsoever over the subject property making the
adverse claim annotated at the back of the title moot
and academic as there is no pending case filed by the
Respondents or any form of claim involving the subject
property as of this filing.

9. Sec. 70 of P.D. 1529 in part states:

xxxx The adverse claim shall be


effective for a period of thirty
days from the date of
registration. After the lapse of said
period, the annotation of adverse
claim may be cancelled upon filing of
a verified petition therefor by the
party in interest: Provided, however,
that after cancellation, no second
adverse claim based on the same
ground shall be registered by the
same claimant.xxxx;

PRAYER
IN VIEW OF THE FOREGOING, it is most respectfully
prayed of this Honorable Court, after due notice and
hearing, to render judgment in favour of the Petitioner the
following:

a) ISSUE AN ORDER DIRECTING THE REGISTER OF


DEEDS OF BACOLOD CITY TO CAUSE THE
CANCELLATION OF THE ADVERSE CLAIM
ANNOTATED AT THE BACK OF TCT NO. T-53046
DENOMINATED AS ENTRY NO. 173047;

b) Other relief that is just and equitable under the


circumstances.

Bacolod City, Philippines. July 30, 2015.

MALUNES, MAMPANG & MONTORO


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LAW OFFICE
Counsel for the Plaintiff
Room 202, Park Lane Bldg.
Hilado-Tindalo Ave., Shopping Center
Bacolod City, Philippines

By:

ARIEL I. MALUNES
IBP Roll No. 51729
IBP No. 0984004 - 01/08/15, Bacolod City
PTR No. 7451101, 1/09/15- E.B. Magalona, Neg. Occ.
MCLE Compliance No. IV- 0022885

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