REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
LAND REGISTRATION AUTHORITY

REGISTRY OF DEEDS
BANGUED, ABRA

SPOUSES PETER AND MA.

ELENA BANEZ

ZONE 5, BANGUED, ABRA Consulta No:

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

PETITION EN CONSULTA

The Register of Deeds, Bangued Abra, denied the

registration of the Affidavit of Adverse Claim executed by the
petitioner spouses in a Notice of Denial (“Notice”) dated
September 26, 2013. A copy of said Notice is hereto attached
as Annex “A”. The pertinent portions of said Notice are herein
quoted, viz:

Please be notified that this office cannot

proceed with the registration of the Notice of
Adverse Claim under Registration Land Entry
Number(s) 20130004 involving TCT
2012000016 based on the following ground(s):

1. OCT No. 0-376 is cancelled titled and that

the Adverse Claim cannot be effected anymore.
– Consulta 2327

2. Regarding TCT 015-2012000016 it seems

that Sps. Peter Paul V. Bañez and Ma. Elena
V. Bañez had no privity with Loreta F. Valera,
the registered owner. – Consulta 2327

3. Adverse claimant does not himself claim

ownership of the subject property. The claim of
ownership is premises on the adverse
claimant’s alleged interest over the properties
as stockholder of its previous owner
Necropolis, Inc. – Consulta 5362
 4. The interest in question does not appear to
be adverse to the registered owner but to the
previous owner which in such case is not
covered by the legal remedy of adverse claim.
Adverse claim is unavailable if there are other
remedies provided for in PD 1529 for
protecting interest in the property which in
this case is the filing of appropriate case in the
Court and registering the same when proper as
lis pendens. Premises considered, the affidavit
of adverse claim is hereby denieed registration.
– Consulta 5362

Pursuant to Section 117 of Presidential Decree No. 1529,

otherwise known as the Property Registration Decree,
petitioners elevate the matter to Land Registration Authority
(LRA) by way of consulta.

BASIS OF CONSULTA

Section 117 of the Property Registration Decree reads –

Section 117. Procedure. When the Register of

Deeds is in doubt with regard to the proper
step to be taken or memorandum to be made
in pursuance of any deed, mortgage or other
instrument presented to him for registration,
or where any party in interest does not agree
with the action taken by the Register of Deeds
with reference to any such instrument, the
question shall be submitted to the
Commissioner of Land Registration by the
Register of Deeds, or by the party in interest
thru the Register of Deeds. Where the
instrument is denied registration, the Register
of Deeds shall notify the interested party in
writing, setting forth the defects of the
instrument or legal grounds relied upon, and
advising him that if he is not agreeable to such
ruling, he may, without withdrawing the
documents from the Registry, elevate the
matter by consulta within five days from
receipt of notice of the denial of registration to
the Commissioner of Land Registration.
 The Register of Deeds shall make a
memorandum of the pending consulta on the
certificate of title which shall be cancelled
motu proprio by the Register of Deeds after
final resolution or decision thereof, or before
resolution, if withdrawn by petitioner.

The Commissioner of Land Registration,

considering the consulta and the records
certified to him after notice to the parties and
hearing, shall enter an order prescribing the
step to be taken or memorandum to be made.
His resolution or ruling in consultas shall be
conclusive and binding upon all Registers of
Deeds, provided, that the party in interest who
disagrees with the final resolution, ruling or
order of the Commissioner relative to
consultas may appeal to the Court of Appeals
within the period and in manner provided in
Republic Act No. 5434.

STATEMENT OF MATERIAL DATES

The Notice was received by herein petitioner Ma. Elena Banez

last September 30, 2013; thus, petitioners have five days
therefrom or until October 7, 2013 to elevate the matter by
consulta to the Land Registration Authority.

STATEMENT OF FACTS

Petitioners are the members of the Board of Necropolis, Inc.

(“Corporation”), a corporation duly organized under the laws of
the Philippines.

On 24 December 2011, the Corporation through its Board,

passed Board Resolution No 01-2011 authorizing the sale of
the only property of the Corporation in favor of Loreta F.
Valera, married to Raul A. Valera; that such property of the
corporation is more particularly described as follows:

OCT 0-376 (now TCT 15-2012000016)

 A parcel of land (Lot 4415, CAD 536 Bangued
Cadastre Plan AP-130101-000036, LR Case No
N-42 LRA Record N-65407) together with the
improvements thereon situated at Zone 6,
Municipality of Bangued Province of Abra,
Island of Luzon Bounded on the SE Points 1-2
by Lot 4431 CAD 536 case 7 by Jaime Barros;
on the SW points 2-3 by Barangay Road (10.00
M wide) on the NW points by 3-4 by Lot 4413
Alejandro Ballestra; on the NE and NW points
by 4-6, by Lot 4414 Efren Agcaoili; on the NW
points 6-7 by Lot 4416 by Quirino Viado; on
the NW points 7-8 by Lot 4417 by Anita
Astudillo on the NW and NE points 8-10 by Lot
4423 Rosa Vasquez on the SE NW and NE
points 10-12-1 by Lot 4427 Efren Agcaoili in
CAD 536 case 7, Bangued Cadastre beginning
at a point marked “1” on Plan being S 71 Deg
07’W., 827.23 M from BLLM No 1 Cad 536
Bangued Cadastre, thence:

S. 36 Deg 18’W20.83 M to Point 2

N. 71 Deg 42’W 147.12 M to Point 3
N. 25 Deg 03’E 27.45 M to Point 4
S. 78 Deg 48’E 39.78 M to Point 5
N. 23 Deg 26’E 46.44 M to Point 6
N. 37 Deg 08’E 44.62 M to Point 7
N. 37 Deg 21’E 19.13 M to Point 8
N. 35 Deg 42’E 21.40 M to Point 9
S. 76 Deg 34’E 28.19 M to Point 10
S. 7 Deg 10’W107.99 M to Point 11
N. 83 Deg 22’E 17.91 M to Point 12
S. 0 Deg 08’E 45.69 M to Point of

Beginning; containing an area of Twelve

Thousand Nine Hundred Fifteen Square
Meters and Thirty Three Square meters ( 12,
915.33) more or less. All Points referred to are
indicated on the plan and are marked on the
ground bearing grid date of original survey
January 27, 1977.

The said sale of the Property of the Corporation is null and

void for lack of consent on the part of the Corporation and
stockholders and lack of consideration
 ISSUE

Whether or not the Affidavit of Adverse Claim is registrable

DISCUSSION

Section 70 of the Property Registration Decree reads –

Section 70. Adverse claim. Whoever claims any

part or interest in registered land adverse to
the registered owner, arising subsequent to the
date of the original registration, may, if no
other provision is made in this Decree for
registering the same, make a statement in
writing setting forth fully his alleged right or
interest, and how or under whom acquired, a
reference to the number of the certificate of
title of the registered owner, the name of the
registered owner, and a description of the land
in which the right or interest is claimed.

The statement shall be signed and sworn to,

and shall state the adverse claimant's
residence, and a place at which all notices may
be served upon him. This statement shall be
entitled to registration as an adverse claim on
the certificate of title. 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
canceled 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.

Before the lapse of thirty days aforesaid, any

party in interest may file a petition in the
Court of First Instance where the land is
situated for the cancellation of the adverse
claim, and the court shall grant a speedy
hearing upon the question of the validity of
such adverse claim, and shall render judgment
as may be just and equitable. If the adverse
claim is adjudged to be invalid, the registration
 thereof shall be ordered canceled. If, in any
case, the court, after notice and hearing, shall
find that the adverse claim thus registered was
frivolous, it may fine the claimant in an
amount not less than one thousand pesos nor
more than five thousand pesos, in its
discretion. Before the lapse of thirty days, the
claimant may withdraw his adverse claim by
filing with the Register of Deeds a sworn
petition to that effect.

From the foregoing, the following are the requisites of an

adverse claim:

1. The adverse claimant must state the

following in writing:

a. His alleged right or interest;

b. How and under whom such alleged right or
interest is acquired;
c. The description of the land in which the
right or interest is claimed; and
d. The number of the certificate of title;

2. The statement must be signed and sworn to

before a notary public or other officer authorized to
administer oath

3. The claimant should state his residence or

the place to which all notices may be served upon
him
Here, based on the adverse claimed filed by petitioners, the
above mentioned requisites are indubitably present. The
petitioners are stock holders of the corporation who used to be
the registered owners of the subject lot, that said subject lot
was sold without the consent of the corporation and for lack of
consideration.

Further, purpose of annotating the adverse claim on the title

of the disputed land is to apprise third persons that there is a
controversy over the ownership of the subject land and to
preserve and protect the rights of the petitioners, as stock
holders, while there is a pending controversy.

Also, there is no other provision made in the Property

Registration Decree for registering the herein rights of
petitioners as stock holders.
 PRAYER

Petitioners therefore request that:

1. The Land Registration Authority direct the Register of Deeds

of abngued Abra to register the Affidavit of Adverse Claim
herein presented.

2. The Register of Deeds be further directed to cause the

annotation of a memorandum of the pending consulta.

Petitioners pray for such other reliefs as may be just and

equitable in the premises.

_______ City, 4 October 2013.

PETER PAUL V. BANEZ MA. ELENITA V. BANEZ

(indicate address here)

VERIFICATION

We, PETER PAUL V. BANEZ MA. ELENITA V. BANEZ,

Filipinos, of legal age, after being duly sworn to in accordance
with law hereby depose and state: THAT-

1. We are the petitioners in the above entitled case and

we have caused the preparation of the foregoing consulta; and

2. We have read the foregoing and the allegations therein

are true and correct based on our personal knowledge and/or
on authentic records.

IN WITNESS WHEREOF, We have hereunto affix my

signature this _____ day of October, 2013 at _______ City.

PETER PAUL V. BANEZ MA. ELENITA V. BANEZ

SUBSCRIBED AND SWORN TO before me on this _____

day of October, 2013, at ___________ affiants exhibiting to me
their _____________ with No. ______ as competent proof of their
identity.

Doc. No._______
Page No. ______
Book No. ______
Series of 2013.