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    June 16 2022 Cancellation S4 R74 TCT#076-2022002327

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    Robert Moreno
    1) Cathay Land, Inc. petitions to cancel the annotation of a two-year heirs' lien on the title of a 28,149 square meter property in Silang, Cavite. 2) The heirs' lien refers to potential claims from creditors or heirs of the previous owner, Romulo T. Kiamzon, and was annotated on June 21, 2017. 3) Cathay Land argues the two-year period for filing claims has expired, as more than two years have passed since the annotation with no claims filed. Therefore, the heirs' lien annotation should be cancelled from the title.

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    June 16 2022 Cancellation S4 R74 TCT#076-2022002327

    Uploaded by

    Robert Moreno
    16 views3 pages
    1) Cathay Land, Inc. petitions to cancel the annotation of a two-year heirs' lien on the title of a 28,149 square meter property in Silang, Cavite. 2) The heirs' lien refers to potential claims from creditors or heirs of the previous owner, Romulo T. Kiamzon, and was annotated on June 21, 2017. 3) Cathay Land argues the two-year period for filing claims has expired, as more than two years have passed since the annotation with no claims filed. Therefore, the heirs' lien annotation should be cancelled from the title.

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    1) Cathay Land, Inc. petitions to cancel the annotation of a two-year heirs' lien on the title of a 28,149 square meter property in Silang, Cavite. 2) The heirs' lien refers to potential claims from creditors or heirs of the previous owner, Romulo T. Kiamzon, and was annotated on June 21, 2017. 3) Cathay Land argues the two-year period for filing claims has expired, as more than two years have passed since the annotation with no claims filed. Therefore, the heirs' lien annotation should be cancelled from the title.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    16 views3 pages

    June 16 2022 Cancellation S4 R74 TCT#076-2022002327

    Uploaded by

    Robert Moreno
    1) Cathay Land, Inc. petitions to cancel the annotation of a two-year heirs' lien on the title of a 28,149 square meter property in Silang, Cavite. 2) The heirs' lien refers to potential claims from creditors or heirs of the previous owner, Romulo T. Kiamzon, and was annotated on June 21, 2017. 3) Cathay Land argues the two-year period for filing claims has expired, as more than two years have passed since the annotation with no claims filed. Therefore, the heirs' lien annotation should be cancelled from the title.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 3

    REPUBLIC OF THE PHILIPPINES

    LAND REGISTRATION AUTHORITY


    THE REGISTRY OF DEEDS
    TAGAYTAY CITY

    IN RE: PETITION FOR CANCELLATION OF


    ANNOTATION OF TWO (2) YEARS HEIRS’ LIEN
    PURSUANT TO SECTION 4, RULE 74 OF THE
    REVISED RULES OF COURT, AS ANNOTATED ON
    TRANSFER CERTIFICATE OF TITLE [TCT] NO.
    076-2022002327,

    CATHAY LAND, INC.


    Petitioner.
    x------------------------------------------------------------x

    PETITION

    Petitioner, CATHAY LAND, INC. (“Petitioner”), represented by the undersigned, respectfully


    states:

    STATEMENT OF FACTS

    1. Petitioner is the lawful and registered owner of one [1] parcel of land covered by Transfer
    Certificate of Title [TCT] No. 076-2022002327, a copy of which is hereto attached as
    Annex “A”, more particularly identified and described as follows:

    A parcel of land (Lot 1682-G-1, Plan Psd-04-252579), situated in Barangay Lalaan I,


    Silang, Cavite, containing an area of Twenty Eight Thousand One Hundred Forty Nine
    (28,149) square meters, more or less.

    2. Appearing on page 3 [Memorandum of Encumbrances] of TCT No. 076-2022002327 is the


    following annotation:

    “Entry No.: 2022003586 Date : April 19, 2022 12:12:26PM


    Liabilities under Section 4 Rule 74: To creditors, heirs, and other persons unlawfully
    deprived of participation in the estate of the deceased Romulo T. Kiamzon as
    extrajudicially settled for a period of two (2) years pursuant to Section 4 Rule 74 of the
    Rules of Court. Date of instrument: June 21, 2017.

    (SGD) ATTY. ROBERTO B. SALCEDO


    Register of Deeds – Tagaytay City”

    3. Petitioner hereby requests your Honorable Office for the cancellation of the above-cited
    Heirs’ Lien annotated on TCT No. 076-2022002327, for the reasons hereinbelow set forth:

    GROUNDS FOR CANCELLATION OF HEIRS’ LIEN

    4. TCT No. 076-2022002327 was registered in the name of Petitioner on 19 April 2022. TCT
    No. 076-2022002327 was derived from Katibayan ng Orihinal na Titulo [Original
    Certificate of Title (OCT)] No. 2013000633, which was registered in the name of Romulo
    T. Kiamzon, a copy of which is hereto attached as Annex “B”.

    1
    5. The date of the instrument referred to in the annotation quoted in Paragraph 2 of this Petition
    is 21 June 2017. More than two (2) years had passed, and since then, no claim by any
    disenfranchised heir or creditor has been filed. Thus, the period allowed by law or the
    Rules of Court (Section 4, Rule 74) to file a claim has already lapsed.

    6. Based on the foregoing, the reglementary period of two (2) years for any disenfranchised heir
    or creditor of the Estate of Romulo T. Kiamzon, to file a claim over the parcel of land
    presently covered by TCT No. 076-2022002327 has already expired or lapsed, and no claim
    has been made or filed by a legal heir or creditor of Romulo T. Kiamzon against his
    estate. Therefore, the annotation covering the Heirs’ Lien quoted on Paragraph #2 of
    this Petition may now be cancelled.

    PRAYER

    WHEREFORE, it is respectfully prayed and moved that this Honorable Office CANCEL the
    Heirs’ Lien quoted on Paragraph #2 of this Petition annotated on Transfer Certificate of Title
    [TCT] No. 076-2022002327 issued under the name of herein Petitioner.

    Other reliefs as are just and equitable under the circumstances are likewise prayed for.

    Silang, Cavite, for Tagaytay City, Cavite,

    CATHAY LAND, INC.


    (CLI)
    Petitioner
    South Boulevard, South Forbes Golf City
    Barangay Inchican, Silang, Cavite

    By:

    EDUARDO L. DE JESUS
    Legal Counsel
    IBP Life Member ID No. 010568
    PTR No. 3189762B [Silang, Cavite, 10 January 2020]
    MCLE Certificate of Compliance No. VI-0017868 (14 February 2019)

    REPUBLIC OF THE PHILIPPINES )


    _________________ CITY ) S.S.

    VERIFICATION AND CERTIFICATION

    I, EDUARDO L. DE JESUS of legal age, Filipino, married, with postal address at South
    Boulevard, South Forbes Golf City, Barangay Inchican, Silang, Cavite, under oath, depose and
    state that:

    1. I am the Legal Counsel of CATHAY LAND, INC., the petitioner in the foregoing
    Petition;

    2
    2. I caused the preparation of the foregoing Petition, the contents of which are true and
    correct based on personal knowledge, authentic documents and records at hand.

    3. I have not commenced any other action or proceeding involving the same issues before
    the Supreme Court, the Court of Appeals, or any other tribunal or agency, and that to the
    best of my knowledge no such action or proceedings is pending before the Supreme
    Court, the Court of Appeals, or any other tribunal or agency.

    4. Should I learn that a similar action has been filed or is pending, I undertake to promptly
    inform this Honorable Office of that fact within five (5) days from notice.

    EDUARDO L. DE JESUS
    Affiant

    SUBSCRIBED AND SWORN to before me this ___ day of __________________ at


    __________________, affiant exhibiting to me his Integrated Bar of the Philippines (IBP) Life
    Member ID No. 010568.

    Doc. No. _____;


    Page No. _____;
    Book No. ____;
    Series of _____.

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