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Petition To Cancel Adverse Claim-Amigable

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REPUBLIC OF THE PHILIPPINES

LAND REGISTRATION AUTHORITY


REGISTER OF DEEDS OF ILOILO

IN RE: PETITION TO CANCEL


NOTICE OF ADVERSE CLAIM
IN THE TRANSFER
CERTIFICATE OF TITLE NO.
090-2017008222. CASE NO. __________________

ELENA AMIGABLE as Petitioners.


represented by SPS. NELIAN A.
AMIGALE AND ARNOLD C.
AMIGABLE,

x---------------------------------------x

PETITION

COMES NOW, the undersigned Petitioner and before the Register of


Deeds, Province of Iloilo, most respectfully states:

1. That the Petitioners are all of legal age, Filipinos, and a resident of
Brgy. Aquino East, Janiuay, Iloilo, Philippines;

2. That the petitioners SPS. NELIAN A. AMIGALE AND ARNOLD C.


AMIGABLE are the authorized representative thru Special Power of
Attorney of ELENA AMIGALE to institute this action;

A copy of the Special Power of Attorney is herein attached as


ANNEX “A”;

3. That the Petitioner ELENA AMIGLE is the owner/buyer of the


portion of Lot 501-B, covered by Transfer Certificate of Title No. T-
218342, equivalent to an area of FOUR HUNDRED (400) SQUARE
METERS;

4. That the Petitioner ELENA AMIGABLE filed a Notice of Adverse


Claim to the said Lot 501-B, covered by Transfer Certificate of Title
No. T-218342, at the Register of Deeds for Iloilo, to protect her rights,
interest and participation over the subject property;

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5. That the said Notice of Adverse Claim with ENTRY NO. 967265,
dated February 10, 2009 was annotated to the Transfer Certificate of
Title No. T-218342 of Lot 501-B;

6. That subsequently, the said Lot 501-B, covered by Transfer


Certificate of Title No. T-218342 was subdivided and the new titles
was issued;

7. That the said Annotation of Notice of Adverse Claim with ENTRY


NO. 967265, dated February 10, 2009 on Lot 501-B, covered by
Transfer Certificate of Title No. T-218342 was carried over to the
newly issued titles, specifically on Lot 501-B-1, covered by Transfer
Certificate of Title No. 090-1027008222, registered in the name of
CONCEPCION MANCILLA married to VICTOR MANCILLA;

A copy of the Transfer Certificate of Title No. 090-1027008222 is


herein attached as ANNEX “B”. Whereas, the Annotation of Notice
of Adverse Claim with ENTRY NO. 967265, dated February 10, 2009
is marked as ANNEX “B-1”;

8. That the Annotation of the said Notice of Adverse Claim over Lot
501-B-1, covered by Transfer Certificate of Title No. 090-
2017008222 is non-essential, and it would be prejudicial to the rights,
interest and participation of the new registered owners of the said
property.

PRAYER

WHEREFORE, in view of the foregoing, it is most respectfully


prayed that the Notice of Adverse Claim annotated in TRANSFER
CERTIFICATE OF TITLE NO. 090-2017008222 with Entry No. 967265,
dated February 10, 2009 be cancelled.

Other just and equitable relief under the premises are likewise prayed
for.

Iloilo City, Philippines. _______________.

ELENA AMIGABLE
Petitioner

Thru:

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NELIAN A. AMIGALE ARNOLD C. AMIGABLE
Attorney-In-Fact Attorney-In-Fact
VERIFICATION

We, SPS. NELIAN A. AMIGALE AND ARNOLD C. AMIGABLE,


of legal age, Filipinos and a resident of Brgy. Aquino East, Janiuay, Iloilo,
Philippines, after having been duly sworn to in accordance with law do
hereby depose and state that:

1. We are the petitioners in the above-entitled petition, and that we have


caused the preparation of the foregoing petition and have read the
contents thereof;

2. The allegations contained therein are true and correct based on our
personal knowledge and authentic documents;

3. The pleading is not filed to harass, cause unnecessary delay, or


needlessly increase the cost of litigation; and

4. The factual allegations therein have evidentiary support or, if


specifically, so identified, will likewise have evidentiary support after
a reasonable opportunity for discovery;

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of


___________ 2022, in the City of Iloilo, Philippines.

NELIAN A. AMIGALE ARNOLD C. AMIGABLE


Affiant Affiant
ID No. VIN-3023-0007A-E2971NAA2000 D ID No. VIN-3023-0007A-K2269ACAA00-8
Issuing Agency: COMELEC Issuing Agency: COMELEC

SUBSCRIBED AND SWORN to before me this ___ day of _______


2022 in the City of Iloilo, Philippines, personally appeared and known to me
the above-named person with his government issued Identification card
below his name. I hereby certify that I am satisfied that he voluntarily
executed and understood his Verification.

Doc. No.____;
Page No.____;

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Book No.____;
Series of 2022

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