REPUBLIC OF THE PHILIPPINES

EIGHTH JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH _____
CITY OF BORONGAN, EASTERN SAMAR

IN THE MATTER OF LRC CASE No. _______

CANCELLATION OF
ENCUMBRANCE ANNOTATED
PURSUANT TO SEC. 7 OF R.A. 26
ON THE TRANSFER CERTIFICATE
OF TITLE NO. 114-2017000109
IN REGISTER OF DEEDS OF
BORONGAN CITY, EASTERN
SAMAR,

J & F DEPARTMENT STORE

CORPORATION,
Movant.
x--------------------------------------------------------x

EX-PARTE MOTION
UNDER SECTION 9 OF R.A. 26
(Ex-Parte Cancellation of Encumbrance)
MOVANT, thru counsel, respectfully avers that:

1. Movant, is a duly registered bona fide domestic

corporation under Philippine laws with principal office
address at Unit 18-H Mandarin Square No. 777 Ongpin
Street, Barangay 297 Zone 029, Sta. Cruz, Manila, with
capacity to sue and be sued.

a. The S.E.C. Certificate of Incorporation of Movant is

hereto attached as ANNEX A.

b. The Board Resolution authorizing the movant’s

representative ARNEL DORADO to represent it in
the filing and all stages of the proceeding is hereto
attached as ANNEX B.

2. Movant is the registered owner of a parcel of

commercial land located in Borongan City, Eastern
Samar, covered by Transfer Certificate of Title No. 114-
2017000109, a copy of which is hereto attached as
ANNEX C.
3. The aforesaid TCT having been administratively
reconstituted, carry the annotation or encumbrance
mandated by Section 7 of Republic Act No. 26, which
state to wit:
“Pursuant Sec. 7 of Republic Act No. 26,
this certificate of title the original of
which has been administratively
reconstituted is without prejudice to
any party whose right or interest in the
property was duly noted on the original
copy of at the time it was lost or
destroyed.”

4. Pursuant to Section 9 of Republic Act No. 26 in relation

to Section 8 thereof, which parenthetically states that,
after the expiration of two (2) years from the
reconstitution of a title, no petition has been filed for the
annotation thereon of an entry previously noted in the
original at the time of its loss or destruction but omitted
from the reconstituted title, then the registered owner
may, by simple ex-parte motion to obtain from the
Regional Trial Court and Order for the cancellation of the
reservation of annotation mandated by Section 7 of the
law. Quoted hereunder is the exact provisions of the
applicable law, viz:

“Section 8. Any person whose right or

interest was duly noted in the original of
a certificate of title, at the time it was
lost or destroyed, but does not appear
so noted on the reconstituted certificate
of title, which is subject to the
reservation provided in the preceding
section, may, while such reservation
subsists, file a petition with the proper
Court of First Instance for the annotation
of such right or interest on said
reconstituted certificate of title xxx.”

Section 9. xxx xxx xxx Provided,

however, That after the expiration of two
years from the date of the reconstitution
of a certificate of title, if no petition has
been filed within that period under the
preceding section, the court shall, on
motion ex parte by the registered
owner or other person having
registered interest in the reconstituted
 certificate of title, order the register of
deeds to cancel, proper annotation, the
encumbrance mentioned in section
seven hereof. (Underlining and emphasis
ours).

5. The subject Transfer Certificate of Title was

reconstituted and the two (2) years have already
passed without any person or entity having laid claim or
interest thereon. Hence, the reservations or
encumbrances annotated pursuant to Section 7 of
republic Act No. 26 may accordingly be cancelled now.

6. The said parcel of land under Transfer Certificate of Title

No. 114-2017000109 has been issued a clearance from
the Office of the Clerk of Court that the same had not
been subject of any petition under Section 8 of R.A. No.
26, and neither has been involved in any court litigation
nor under administrative proceeding, or any case
whatsoever. A copy of the court clearance is hereto
attached as ANNEX D and the affidavit of the movant
as ANNEX E, respectively.

PRAYER

WHEREFORE, premises considered, it is most

respectfully prayed that an order be issued directing the
Register of Deeds for the Province of Eastern Samar TO
CANCEL any annotation, reservation or encumbrance
whatsoever pertaining to Section 7 of R.A. No. 26 in the said
Transfer Certificate of Title No. 114-2017000109.

Other relief and remedies as may be deemed just and

equitable under the premises are likewise prayed for.

RESPECTFULLY submitted this 31st day of May 2019 in

Borongan City.

TANGLAO, TIU, & VILLERO LAW OFFICES

Real St., Songco, Borongan City, Eastern Samar
Counsel for Movant

By:

Atty. FERNANDO L. TANGLAO, JR.

 Real St., Songco, Borongan City
Contact Nos.: 0966-228-0069
PTR Nos. 3553910/ January 4, 2019/ Borongan City
IBP No. 1037958/ CY 2019/ Eastern Samar
MCLE Compliance VI (Complied awaiting Cert.)
Roll No. 60002
NOTICE OF HEARING
& COPY FURNISHED BY REGISTERED MAIL

TO: BRANCH CLERK OF COURT

Regional Trial Court
Branch ___
City of Borongan

Office of the Solicitor General

134 Amorsolo Street, Legazpi Village, Makati

Office of the City Prosecutor

Hall of Justice, Capitol Grounds,
Brgy. Alang-Alang, Borongan City, Eastern Samar

G R E E T I N GS:

Please submit the foregoing motion for the

consideration and approval of the Honorable Court on June 7,
2019 at 8:30 a.m., or soon thereafter as this Honorable Court
may hear the foregoing Motion upon notice to the parties.

Due to constraints of distance and manpower, the

undersigned counsel was constrained to cause service of the
afore-stated motion by registered mail.

FERNANDO L. TANGLAO, JR.

 VERIFICATION
AND CERTIFICATION OF NON-FORUM SHOPPING

I, ARNEL B. DORADO, of legal age, Filipino, and with office

address at J&F Department Store, Songco, Borongan City, after
having been duly sworn in accordance with law, depose and state
that:

1. I am the authorized representative of the Movant in the

above-stated case; by virtue of a Board Resolution in a
board meeting dated May 25, 2019 and subscribed on
May 27, 2019;
2. I caused the preparation of the foregoing Ex-Parte Motion;
3. I have read the contents thereof and the facts stated
therein are true and correct of my personal knowledge
and/or on the basis of copies of documents and records in
my possession;
4. I have not commenced any other action or proceeding
involving the same issues in the Supreme Court, the
Court of Appeals, or any other tribunal or agency;
5. To the best of my knowledge and belief, no such action or
proceeding is pending in the Supreme Court, the Court of
Appeals, or any other tribunal or agency;
6. If I should thereafter learn that a similar action or
proceeding has been filed or is pending before the
Supreme Court, the Court of Appeals, or any other
tribunal or agency, I undertake to report that fact within
five (5) days therefrom to this Honorable Court.

IN WITNESS WHEREOF, I have hereunto set my hand this

31st day of May 2019 at Borongan City.

ARNEL B. DORADO
Affiant

SUBSCRIBED AND SWORN to before me this 31st day of

May 2019, ARNEL B. DORADO at Borongan City, Eastern Samar,
Philippines, affiant showing me his ID No. _______________ as
competent proof of her identity.

Atty. FERNANDO L. TANGLAO, JR.

NOTARY PUBLIC
Commission Expires on December 31, 2019
 Commission No. 02-01-2018-BR-2
Contact Nos.: 0966-228-0069
Doc. No. ____; PTR Nos. 3553910/ January 4, 2018/ Borongan
City
Page No. _____; IBP No. 1037958/ CY 2018/ Eastern Samar
Doc. No. ______; MCLE Compliance VI (Complied awaiting Cert.)
Series of 2019. Roll No. 60002