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    Memorandum: (For The Petitioners)

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    Omnibus Musc
    This document is a memorandum filed on behalf of the petitioner Dino Owen Nava y Ramos. It seeks the cancellation of an adverse claim on a property covered by TCT No. T-53046. The adverse claim was registered by respondents Benjamin Ramos Jr. and Sally Pablo y Ramos during litigation over the property in Civil Case No. 6692. However, the court dismissed the case in 2002 in favor of the previous owners, the spouses Nelly Nava and Atty. Ricardo Nava. As the respondents lost all rights to the property and did not appeal, the petitioner argues the adverse claim should now be cancelled as it is moot. The memorandum requests an order directing the register of deeds to cancel the

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    © All Rights Reserved
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    Memorandum: (For The Petitioners)

    Uploaded by

    Omnibus Musc
    311 views4 pages
    This document is a memorandum filed on behalf of the petitioner Dino Owen Nava y Ramos. It seeks the cancellation of an adverse claim on a property covered by TCT No. T-53046. The adverse claim was registered by respondents Benjamin Ramos Jr. and Sally Pablo y Ramos during litigation over the property in Civil Case No. 6692. However, the court dismissed the case in 2002 in favor of the previous owners, the spouses Nelly Nava and Atty. Ricardo Nava. As the respondents lost all rights to the property and did not appeal, the petitioner argues the adverse claim should now be cancelled as it is moot. The memorandum requests an order directing the register of deeds to cancel the

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    Cancellation of adverse claim

    Original Title

    Memorandum

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    This document is a memorandum filed on behalf of the petitioner Dino Owen Nava y Ramos. It seeks the cancellation of an adverse claim on a property covered by TCT No. T-53046. The adverse claim was registered by respondents Benjamin Ramos Jr. and Sally Pablo y Ramos during litigation over the property in Civil Case No. 6692. However, the court dismissed the case in 2002 in favor of the previous owners, the spouses Nelly Nava and Atty. Ricardo Nava. As the respondents lost all rights to the property and did not appeal, the petitioner argues the adverse claim should now be cancelled as it is moot. The memorandum requests an order directing the register of deeds to cancel the

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    311 views4 pages

    Memorandum: (For The Petitioners)

    Uploaded by

    Omnibus Musc
    This document is a memorandum filed on behalf of the petitioner Dino Owen Nava y Ramos. It seeks the cancellation of an adverse claim on a property covered by TCT No. T-53046. The adverse claim was registered by respondents Benjamin Ramos Jr. and Sally Pablo y Ramos during litigation over the property in Civil Case No. 6692. However, the court dismissed the case in 2002 in favor of the previous owners, the spouses Nelly Nava and Atty. Ricardo Nava. As the respondents lost all rights to the property and did not appeal, the petitioner argues the adverse claim should now be cancelled as it is moot. The memorandum requests an order directing the register of deeds to cancel the

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 4

    Republic of the Philippines

    6th Judicial Region


    REGIONAL TRIAL COURT
    Branch 42
    Hall of Justice, Bacolod City
    ---O0O---

    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
    1|Page
    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
    2|Page
    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


    3|Page
    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

    4|Page

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