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Republic of the Philippines)

Marikina City) S.S

VERIFIED PETITION TO CANCEL LIEN


UNDER SECTION 4 RULE 74 OF THE RULES OF COURT

I, KAREN MAE L. HERNANDEZ-PALOMIQUE, of legal age, President of Montalban


Great Ridge Corporation with principal address at Don Mariano Marcos Avenue, San Jose,
Rodriguez, Rizal, after having been duly sworn to in accordance with law hereby depose
and state that:

1. MONTALBAN GREAT RIDGE CORPORATION (corporation for brevity), is a


corporation duly organized and existing under Philippine laws with business
address at Don Mariano Marcos Avenue, San Jose, Rodriguez, Rizal, where it
may be served with notices, orders, writs and other processes to be issued by
this Honorable Court. A certified true copy of the General Information Sheet (GIS)
of the petitioner corporation is hereto attached and marked as Annex A with sub
markings hereof.

2. The corporation is represented in this Affidavit by its President, Karen Mae L.


Hernandez as shown by a Secretarys Certificate authorizing her to sign this
Affidavit. A certified true copy of the Secretarys Certificate is hereto attached and
marked as Annex B hereof.

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3. Montalban Great Ridge Corporation is the registered owner of four (4) parcels of
land situtated at Barangay San Isidro, Rodriguez (formerly Montalban), Rizal
consisting of 13, 194 and 672 square meters, 356 square meters and 240 square
meters, respectively.

4. The said parcels of land are covered by Transfer Certificates of Title Nos. 009-
2011005096, 009-2011005095, 009-2011006100 and 009-2011006104, copies
of which are hereto attached and marked as Annexes C D E and F with
sub markings.

5. On page 3 of the TCT Nos. 009-2011006100 and 009-2011006104, there


appears on the Memorandum of Encumbrances an annotation of similar
Encumbrance dated July 1, 2011 under Entry No. 2011007038, quoted
hereunder as follows:

LIABILITIES
UNDER SECTION 4, RULE 74: TO CREDITORS, HEIRS AND
OTHER PERSONS UNLAWFULLY DEPRIVED OF PARTICIPATION IN THE
ESTATE OF THE DECEASED FELIX HERNANDEZ, AS EXTRAJUDICIALLY
SETTLED FOR A PERIOD OF TWO (2) YEARS PURSUANT TO SECTION 4,
RULE 74 OF THE RULES OF COURT. DATE OF INSTRUMENT: MARCH 04,
2011

6. Likewise, on page 3 of the Transfer Certificates of Title Nos. 009-2011005096,


009-2011005095, there appears on the Memorandum of Encumbrances an
annotation of similar Encumbrance dated July 1, 2011 under Entry No.
2011007036, quoted hereunder as follows:

LIABILITIES
UNDER SECTION 4, RULE 74: TO CREDITORS, HEIRS AND
OTHER PERSONS UNLAWFULLY DEPRIVED OF PARTICIPATION IN THE
ESTATE OF THE DECEASED FELIX HERNANDEZ, AS EXTRAJUDICIALLY
SETTLED FOR A PERIOD OF TWO (2) YEARS PURSUANT TO SECTION 4,

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RULE 74 OF THE RULES OF COURT. DATE OF INSTRUMENT: MARCH 04,
2011

7. Section 4, Rule 74 of the Rules of Court states as follows:

Sec.4. Liability of distributes and estate. - If it shall appear at any time


within two (2) years after the settlement and distribution of an estate in
accordance with the provisions of either of the first two sections of this rule,
that an heir or other person has been unduly deprived of his lawful
participation in the estate, such heir or such other person may compel the
settlement of the estate in the courts in the manner hereinafter provided for
the purpose of satisfying such lawful participation. And if within the same time
of two (2) years, it shall appear that there are debts outstanding against the
estate which have not been paid, or that an heir or other person has been
unduly deprived of his lawful participation payable in money, the court having
jurisdiction of the estate may, by order for that purpose, after hearing, settle
the amount of such debts or lawful participation and order how much and in
what manner each distributee shall contribute in the payment thereof, and
may issue execution. Xxx. Such bond and such real estate shall remain
charged with a liability to creditors, heirs, or other persons for the full
period of two (2) years after such distribution, notwithstanding any
transfers of real estate that may have been made. (emphasis supplied)

8. Based on the afore-quoted provision, any creditors, heirs or other persons who
have been unlawfully deprived of their lawful participation in the settlement of the
estate, which in this case is the estate of Felix Hernandez, has a period of two (2)
years from annotation to file a claim against the estate and/or against the other
heirs who received their shares.

9. The annotation of the encumbrances in this case was registeres on July 1, 2011,
thus, the prescriptive period of two (2) years have ALREADY LAPSED without
any creditor, heir or other person filed a claim against the estate or against the
heirs.

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10. Accordingly, the encumbrance appearing on both titles under Entry Nos.
2011007038 and 2011007036 should now be cancelled and deleted for being
moot and academic.

AFFIANT FURTHER SAYETH NAUGHT.

IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of July
2017, at Rodriguez, Rizal, Philippines.

KAREN MAE L. HERNANDEZ


Affiant

SUBSCRIBED AND SWORN TO before me this ______________day of


October 2016 in Rodriguez, Rizal, affiant exhibited to me her Identification Card Nos.
________________________ issued on _____________________, in Rodriguez,
Rizal.

Doc. No. _____


Page No. _____
Book No. _____
Series of 2016.