CASE NO.

________________________
IN RE: IN THE MATTER OF
PETITION
FOR
AMENDMENT
AND
CANCELATION OF SURVEY
PLAN OF CERTIFICATE OF
TITLE
NO.
___,
REGISTERED IN THE NAME
SPOUSES
FURTONATO
YUNTING AND FERIACA
YUNTING, REPRENSENTED
BY THEIR COMPULSORY
HEIRS NAMELY, ROSALINA
YUNTING,
LOLITA
YUNTING,
ERLINDA
YUNTING,
PABLITO
YUNTING,
FELECITO
YUNTING,
CANDIDA
YUNTING AND CEPRIANO
YUNTING.
MARIO H.
CERILLES
Petitioner
x---------------------------------/

PETITION
COMES NOW, Petitioner, by himself and unto this
Honorable Office, submits this instant petition and avers
that;
1. Petitioner, MARIO H. CERILLES, Filipino of legal age,
married and a resident of B. Aquino Street, Santa
Lucia District, Pagadian City, where he may be
served with summons, notices, orders and other
processes of this Honorable Office;

2.
I am the owner of the Mount Palpalan Resort, located at
Barangay Palpalan, Pagadian City;

For purposes of establishing an access road to said

property, I purchased on portion by portion bases a parcel of
land from the heirs of spouses Furtonato Yunting and Feriaca
Yunting, namely, ROSALINA YUNTING, LOLITA YUNTING,
ERLINDA YUNTING, PABLITO YUNTING and FELECITO
YUNTING, CANDIDA YUNTING ROBLEDO and CEPRIANO
YUNTING (Heirs of spouses Yunting, for brevity),
Filipinos, all of legal age, married respectively and all are
residents of Barangay Palpalan, Pagadian City; which is part
of that bigger parcel of land denominated as;

A parcel of land, bounded on the NE., along

lines 1-2 by lot 408 and 2-3 by lot 407, Cad586; on the E., along lines 3-4 by lot 404 and
4-5 by lot 402, Cad-596; on the S., along lines
5-6-7 by lot 811,Cad 596 and on the NW.,
along lines 7-8 by lot 6126, Pls-119 and 8-1
by lot 409 Cad-596, containing an area of
FORTY
EIGHT
THOUSAND
THREE
HUNDRED EIGHTY (48,380), SQUARE
METERS,
more or less. , copy of the
certificate of title hereto attached forming an
integral part of this letter;

That I purchased a total area of TWENTY SEVEN

THOUSAND NINE HUNDRED (27,900) SQUARE METERS
of the aforesaid property from the heirs thru their authorized
agent BENEDICTO FERRER PEROLINO, Filipino of legal age
and resident of Palpalan, Pagadian City;

I bought the aforesaid portion of land (Twenty Seven

Thousand Nine Hundred (27,900) Square Meters, more
or less) on a portion by portion basis and on installment
basis and through the heirs of spouses Yunting authorized
agent Benedicto Ferrer Perolino, Filipino of legal age and
resident of Palpalan, Pagadian City;

That sometime in 2012, I paid an initial down payment

to them. As a consequence, the heirs of spouses Furtonato
Yunting and Feriaca Yunting executed an Extra-Judicial
Partition of Estate with Sale even if full payment was not yet
completed. The areas subject of the Extra-Judicial Partition of
Estate with Sale shall be TWO THOUSAND SEVEN
HUNDRED (2,700) SQUARE METERS, or less, with further
specification that the width shall be FIFTEEN (15) METERS
and the length shall be ONE HUNDRED EIGHTY (180)
SQUARE METERS,

In the years that followed, particularly sometime in

2014 and 2015, I made several additional down payments to
the heirs of spouses Yunting. As a consequence, ,
ROSALINA YUNTING, LOLITA YUNTING, ERLINDA
YUNTING, PABLITO YUNTING and FELECITO YUNTING,
CANDIDA YUNTING ROBLEDO and CEPRIANO YUNTING,

executed two (2) Extra-judicial Partition of Estate with Sale to

that effect in my favor;

That after I have paid an initial down payment, the heirs

of spouses Yunting, partially executed an extra-judicial
partition of estate with sale, pending full payment; that said
area containing TWO THOUSAND SEVEN HUNDRED
(2,700) SQUARE METERS, or less, with specified with and
length to wit, the width shall be FIFTEEN (15) METERS
and the length shall be ONE HUNDRED EIGHTY (180)
SQUARE METERS, the said area is established as an access
road going to my resort, copy hereto attached forming an
integral part of this letter;

Sometime in 2015, I was able to pay the entire amount.

However, I was not able to process yet the transfer of the
portions of land covered in the two previous Extra-judicial
Partition of Estate with Sale. For purposes of including and
incorporating the two portions earlier sold to me with the
latest portion that I paid sometime in 2015, and the further
purpose of having only one certificate of title when I process
the registration, trans and titling of the entire area that I
bought and paid for,,
Rosalina Yunting, Lolita Yunting,
Erlinda Yunting, Pablito Yunting, Felecito Yunting, Candida
Yunting Robledo Yunting and Cepriano Yunting then
executed a third Extra-judicial Partition of Estate
among heirs with sale, covering a total area of Twenty
Seven Thousand Nine Hundred (27,900) Square
Meters, more or less, in my favor, copy of the Third Extrajudicial partition of estate with sale, hereto attached forming
an integral part of this letter;

That knowing I already made full payment, I now

planned the construction of the access road and a perimeter
fences on the Twenty Seven Thousand Nine Hundred
(27,900) Square Meters area. However, before I could
commence the construction of the access road and the
perimeter fence, I was surprised to learn that there was
already a constructed finished wall in said portion. Thus, my
access road cannot be constructed

That in view of the peculiar surrounding circumstance

involved, I hereby prayed that any transaction which convey
and/or transfer ownership of a parcel of land covered by
ORIGINAL CERTIFICATE OF TITLE NO. 1,546, should be
HELD IN ABEYANCE; and further prayed that this letter of
protest be annotated or cause it to be annotated in the TCT
NO. 1,546. itself
Hoping for your immediate action and attention, I am..
thanks and God Bless
Sincerely yours,

DR. MARIO H.
CERILLES
COPY FURNISHED:

Article 39
Section 211. The following procedure shall apply in the cancellation of
approved survey plan:

1. There should be a request for the cancellation of the approved survey from
the private party/government agency affected expressly stating therein the
reason for cancellation.
2. The request should be under oath.
3. On the basis of such request, the RTD for Lands concerned shall issue an
Order of Investigation to the FNSP or a separate survey party created for the
purpose.
4. An investigation/ground verification shall be conducted by the FNSP or
Survey Party to ascertain whether there is a valid ground to cancel the
previously approved survey.
5. After completion of the investigation/ground verification, the team shall
immediately submit their findings and recommendations;
6. An Order shall be issued by the RTD for Lands concerned indicating therein
whether the subject plan is cancelled or not, among other information. Any
approved survey plan, including its lot data computations, etc., cancelled by
virtue of such Order shall be marked on its face with the words Cancelled by
virtue of Order dated _____;
7. Those isolated plans (original survey, subdivision, consolidationsubdivision) which are superseded by subsequent subdivision, consolidation
or consolidationsubdivision, as the case may be, should only be indicated on
the plan in the space provided for additional information after date of
approval as This survey amends/supersedes _______________ .
8. Notice to parties shall be served with a copy of the Order as finally
approved by the RTD for Lands concerned.
9. In cases where the DENR initiates the cancellation of fake and illegal titles
in accordance with Memorandum Circular No. 2000-06, otherwise known as
the Guidelines in the Disposition of Cases involving Fake and Illegally Issued
Title, the resolution of the case which provides for the cancellation of the title
will serve as a reference for LMS to determine if the supposed approved
survey covered thereof can likewise be subjected to cancellation or not. 100
Article 40 Projection Maps

Article 40 Projection Maps Section 212.

The following shall serve as a guide in the use of projection maps: 1.
Inventory the available maps such as Cad, Pls, Gss, Ts covering the entire
region. Index all available maps and reflect in a regional base map. In the

absence of these maps, construct provisional projection map with their

corresponding index number and reflect the same on the map. Index number
shall start from number one
(1) from the top left of the base map going to the right for every line thereof.
2. Use blueprints of previously approved cadastral survey, public land
subdivision, Gss, townsite subdivision survey for projection.
3. If no Cad, Pls, Gss, Ts maps are available, construct a provisional
projection map but should only be used after reflecting all the previously
approved isolated surveys using the available lot data computations.
4. Use pencil when projecting submitted surveys for approval and use
permanent ink after the approval thereof by the RTD for Lands concerned. If
found to overlap other previously approved surveys, immediately return the
survey documents to the GE concerned emphasizing the reasons of the
rejection
thereof
and
advise
him
to
make
the
necessary
correction/adjustment. 5. The Head, Projection Unit, Section Chief concerned
and the Chief, Regional Surveys Division should strictly monitor the use of
projection map. They shall be held responsible for any loss, tampering and
inability to implement these provisions without justifiable reason. 6. LMS
officials/employees found violating these provisions shall be charged
administratively subject to due process of law. 7. The grounds for cancellation
shall be as those provided in Section 50, DAO No. 2007-29