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Petition For Cancellation of Annotation Usufruct

1) The petitioner Ifreme L. Indanao filed a petition to cancel the annotation of usufructuary rights on the title of a parcel of land co-owned by him and his spouse. 2) The title has an annotation granting usufructuary rights to Aguila Alfere Vda. De Alonzo during her lifetime. 3) However, Aguila Alfere Vda. De Alonzo is now deceased as of September 8, 2010 according to the attached Certificate of Death, so the usufructuary rights have been extinguished according to Civil Code provisions.

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Eulo Lagudas
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2K views2 pages

Petition For Cancellation of Annotation Usufruct

1) The petitioner Ifreme L. Indanao filed a petition to cancel the annotation of usufructuary rights on the title of a parcel of land co-owned by him and his spouse. 2) The title has an annotation granting usufructuary rights to Aguila Alfere Vda. De Alonzo during her lifetime. 3) However, Aguila Alfere Vda. De Alonzo is now deceased as of September 8, 2010 according to the attached Certificate of Death, so the usufructuary rights have been extinguished according to Civil Code provisions.

Uploaded by

Eulo Lagudas
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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Republic of the Philippines

REGIONAL TRIAL COURT OF ZAMBOANGA DEL NORTE


Ninth Judicial Region
Branch ______
Dipolog City

IFREME L. INDANAO, MISC. SP. PROC.


Petitioner, NO.________

- versus - “PETITION FOR


CANCELLATION OF
THE LOCAL REGISTER OF ANNOTATION ON
DEEDS FOR THE PROVINCE OF USUFRUCTUARY RIGHTS”
ZAMBOANGA DEL NORE
Respondent.
x----------------x

P E T I T I O N

PETITIONER, through the undersigned counsel,


and unto this Honorable Court, for a valid and
meritorious cause of action, most respectfully
alleges:

1.That petitioner is of legal age, Filipino,


married, and a resident of Dapdap, Poblacion
South, Zamboanga del Norte, the place where he
may be served with summons and other notices of
this Honorable Court;

2.That respondent is herein impleaded as the


head of office of the Local Registry of Deeds for
Province of Zamboanga del Norte, with office
address at Back Capitol Building, the address where
he may be served with summons and other notices of
this Honorable Court;

3.That Petitioner, with his spouse Bebelyn


Indanao, is a co-owner and possessor of a parcel
of land covered by Transfer Certificate of Title
No. T-63647 bearing the Petitioner and his spouse’
names, issued by the Office of the Register of
Deeds for the Province of Zamboanga del Norte. A
copy of said title is attached hereof as Annex
“A”;
/3

4.That in the face of the title, there appears


an annotation “usufructuary rights in favor of
Page2
Aguila Alfere Vda. De Alonzo, during their
lifetime,”…;

5.That AQUILLA ALFEREZ ALONZO already died on


September 8, 2010, as evidenced by a Certificate of
Death a copy of which is attached hereof as Annex
“B”;

6.That the discrepancy in the spelling of the


names Aguila Alfere Vda. De Alonzo and AQUILLA
ALFEREZ ALONZO can be explained and remedied by
the Affidavit of Two Disinterested Persons, a copy
of which is attached hereof as Annex “C”;

7.That under Art. 603, par. 1, of the Civil


Code of the Philippines (R.A. 386), this is
provided:

“Article 603. Usufruct is extinguished:

(1) By the death of the usufructuary, unless a


contrary intention clearly appears;”…

8.That Petitioner now wishes that the


annotation “usufructuary rights in favor of Aguila
Alfere Vda. De Alonzo, during their lifetime,”…
found in front of Transfer Certificate of Title No.
T-63647 be cancelled;

PRAYER

WHEREFORE, after due notice and hearing, it is


most respectfully and humbly prayed of this
Honorable Court that judgment be rendered ordering
the Register of Deeds for the Province of Zamboanga
del Norte to cancel the annotation of usufructuary
rights, after payment of the required legal fees.

May 24, 2018, Dipolog City, Philippines.

ATTY. EULOGIO L. LAGUDAS, JR.


COUNSEL FOR THE PETITIONER
IBP NO.1047391 12-13-16
PTR NO.5486369 12-14-16
ROLL OF ATTYS. NO. 56396
MCLE COMP. NO. V-0018672 4-7-14
/3

Grnd Flr, Philja Bldg., Calibo st., Dip. City


Page2

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