REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
LAND REGISTRATION AUTHORITY

REGISTRY OF DEEDS
TABANG, GUIGUINTO, BULACAN

SPOUSES ROMEO AND

ELIZABETH DE LEON
730 Romana Subd.
Wawa, Balagtas, Bulacan
Consulta No: ____________

Petitioner.
x-----------------------------------x

PETITION EN CONSULTA

The Register of Deeds, Tabang, Guiguinto, Bulacan, denied the

registration of the Affidavit of Adverse Claim executed by the petitioner
spouses in a Notice of Denial (“Notice”) dated January 14, 2019. A copy of
said Notice is hereto attached as Annex “A”. The pertinent portions of said
Notice are herein quoted, viz:

Please be notified that this office cannot proceed with the

registration of the Notice of Adverse Claim under
Registration Land Entry Number(s) 20130004 involving
TCT 2012000016 based on the following ground(s):

1. OCT No. 0-376 is cancelled titled and that the Adverse

Claim cannot be effected anymore. – Consulta 2327

2. Regarding TCT 015-2012000016 it seems that Sps.

Peter Paul V. Bañez and Ma. Elena V. Bañez had no
privity with Loreta F. Valera, the registered owner. –
Consulta 2327

3. Adverse claimant does not himself claim ownership of

the subject property. The claim of ownership is premises
on the adverse claimant’s alleged interest over the
properties as stockholder of its previous owner
Necropolis, Inc. – Consulta 5362

4. The interest in question does not appear to be adverse

to the registered owner but to the previous owner which
in such case is not covered by the legal remedy of
 adverse claim. Adverse claim is unavailable if there are
other remedies provided for in PD 1529 for protecting
interest in the property which in this case is the filing of
appropriate case in the Court and registering the same
when proper as lis pendens. Premises considered, the
affidavit of adverse claim is hereby denieed registration.
– Consulta 5362

Pursuant to Section 117 of Presidential Decree No. 1529, otherwise known

as the Property Registration Decree, petitioners elevate the matter to Land
Registration Authority (LRA) by way of consulta.

BASIS OF CONSULTA

Section 117 of the Property Registration Decree reads –

Section 117. Procedure. When the Register of Deeds is in

doubt with regard to the proper step to be taken or
memorandum to be made in pursuance of any deed,
mortgage or other instrument presented to him for
registration, or where any party in interest does not agree
with the action taken by the Register of Deeds with
reference to any such instrument, the question shall be
submitted to the Commissioner of Land Registration by
the Register of Deeds, or by the party in interest thru the
Register of Deeds. Where the instrument is denied
registration, the Register of Deeds shall notify the
interested party in writing, setting forth the defects of the
instrument or legal grounds relied upon, and advising
him that if he is not agreeable to such ruling, he may,
without withdrawing the documents from the Registry,
elevate the matter by consulta within five days from
receipt of notice of the denial of registration to the
Commissioner of Land Registration.

The Register of Deeds shall make a memorandum of the

pending consulta on the certificate of title which shall be
cancelled motu proprio by the Register of Deeds after
final resolution or decision thereof, or before resolution,
if withdrawn by petitioner.

The Commissioner of Land Registration, considering the

consulta and the records certified to him after notice to
the parties and hearing, shall enter an order prescribing
the step to be taken or memorandum to be made. His
resolution or ruling in consultas shall be conclusive and
binding upon all Registers of Deeds, provided, that the
party in interest who disagrees with the final resolution,
 ruling or order of the Commissioner relative to consultas
may appeal to the Court of Appeals within the period and
in manner provided in Republic Act No. 5434.

STATEMENT OF MATERIAL DATES

The Notice was received by herein petitioner ELIZABETH DE LEON last

January 15, 2019; thus, petitioners have five days therefrom or until January
20, 2019 to elevate the matter by consulta to the Land Registration
Authority.

STATEMENT OF FACTS

Petitioners are the VENDEES under a Deed of Conditional Sale of a

portion of a parcel of land ON May 10, 2017 equivalent to FIVE
HUNDRED square meters (500)described as follows:

TRANSFER OF CERTIFICATE OF NO. RT-346(T-209298)

That the VENDOR, MELBA G. VALENZUELA is the landowner and

Attorney-in-fact on behalf of the heirs of BELEN LOPEZ DE GUIA.

That the VENDOR desires to sell a portion equivalent to FIVE HUNDRED

(500) square meters, more or less of the above mentioned parcel of land as
per the New Subdivision Plan (Psd-E-2016000034) as Lot No. 3047-JJ-5
and the VENDEES agrees to buy the same for a total selling price of TWO
MILLION FIVE HUNDRED THOUSAND (php 2,500,000
00)

That the VENDEES upon signing of this Deed of Conditional Sale paid the
VENDOR the partial amount of ONE MILLION TWO HUDNRED
FIFTY THOUSAND (1,250,000.00) representing fifty (50%) down
payment for which the VENDEES can possess and develop the property
upon full-payment of the said selling price. A copy of the Deed of
Conditional Sale is hereto attached and marked as Annex B and series.

That the remaining balance shall be paid by the VENDEES upon

submission of complete sales documents, including proof of payments of
capital gain tax, documentary stamps tax within twelve (12) months after
payment of down payment.
The transfer of the said parcel of land under the name of GUOCOLAND
REALTY CORP. under the New TCT No. 03-2018007983 was made in
bad faith and prejudice the rights of the herein VENDEES. The said New
Title is described as follows:

TCT NO. 03-2018007983

A copy of the said New Transfer Certificate of is hereto attached and

marked as Annex C and series.

That the failure of the Petitioners to register the Deed of Conditional Sale
was in good faith as GUOCOLAND REALTY CORP. was fully aware of
the fact that there were buyers prior to their purchase of the said parcel of
land. Further stated, as real estate company, the latter is competent to inquire
into any defects of the title they are purchasing and the fact that the said
parcel of land was subdivided would trigger an inquiry in such regard.

That the said knowledge of prior purchasers was evident when they in fact
monitored the process of refunding the amounts paid by prior purchasers to
avoid any legal issues that may arise. A copy of the Cancellation of Deed of
Conditional Sale with Refund of Down Payment is hereto attached and
marked as Annex D and series.

ISSUE

Whether or not the Affidavit of Adverse Claim is registrable

DISCUSSION

Section 70 of the Property Registration Decree reads –

Section 70. Adverse claim. Whoever claims any part or

interest in registered land adverse to the registered owner,
 arising subsequent to the date of the original registration,
may, if no other provision is made in this Decree for
registering the same, make a statement in writing setting
forth fully his alleged right or interest, and how or under
whom acquired, a reference to the number of the
certificate of title of the registered owner, the name of the
registered owner, and a description of the land in which
the right or interest is claimed.

The statement shall be signed and sworn to, and shall

state the adverse claimant's residence, and a place at
which all notices may be served upon him. This
statement shall be entitled to registration as an adverse
claim on the certificate of title. The adverse claim shall
be effective for a period of thirty days from the date of
registration. After the lapse of said period, the annotation
of adverse claim may be canceled upon filing of a
verified petition therefor by the party in interest:
Provided, however, that after cancellation, no second
adverse claim based on the same ground shall be
registered by the same claimant.

Before the lapse of thirty days aforesaid, any party in

interest may file a petition in the Court of First Instance
where the land is situated for the cancellation of the
adverse claim, and the court shall grant a speedy hearing
upon the question of the validity of such adverse claim,
and shall render judgment as may be just and equitable. If
the adverse claim is adjudged to be invalid, the
registration thereof shall be ordered canceled. If, in any
case, the court, after notice and hearing, shall find that
the adverse claim thus registered was frivolous, it may
fine the claimant in an amount not less than one thousand
pesos nor more than five thousand pesos, in its discretion.
Before the lapse of thirty days, the claimant may
withdraw his adverse claim by filing with the Register of
Deeds a sworn petition to that effect.

From the foregoing, the following are the requisites of an adverse claim:

1. The adverse claimant must state the following in

writing:

a. His alleged right or interest;

b. How and under whom such alleged right or interest is
acquired;
c. The description of the land in which the right or
interest is claimed; and
 d. The number of the certificate of title;

2. The statement must be signed and sworn to before a

notary public or other officer authorized to administer oath

3. The claimant should state his residence or the place to

which all notices may be served upon him
Here, based on the adverse claimed filed by petitioners, the above mentioned
requisites are indubitably present. The petitioners are purchasers for value.

Further, purpose of annotating the adverse claim on the title of the disputed
land is to apprise third persons that there is a controversy over the ownership
of the subject land and to preserve and protect the rights of the petitioners,
purchasers in good faith, while there is a pending controversy.

Also, there is no other provision made in the Property Registration Decree

for registering the herein rights of petitioners as prior purchasers for value
and the same must also covers the New Title issued in favour of
GUUCOLAND REALTY CORP.

A copy of the said Affidavit of Adverse Claim is hereto attached and marked
as Annex E and series.

PRAYER

Petitioners therefore request that:

1. The Land Registration Authority direct the Register of Deeds of Tabang,

Guiguinto, Bulacan to register the Affidavit of Adverse Claim herein
presented.

2. The Register of Deeds be further directed to cause the annotation of a

memorandum of the pending consulta.

Petitioners pray for such other reliefs as may be just and equitable in
the premises.

Balagtas, Bulacan for Tabang, Guiguinto, Bulacan January 17, 2019.

ELIZABETH DE LEON ROMEO DE LEON

730 Romana Subdivision, 730 Romana Subdivision
Wawa, Balagtas, Bulacan Wawa, Balagtas, Bulacan
 Represented by Attorney-in-Fact:

ELIZABETH DE LEON

ASSISTED BY COUNSEL

VERIFICATION

We, Spouses ROMEO and ELIZABETH DE LEON, Filipinos, of

legal age, after being duly sworn to in accordance with law hereby depose
and state: THAT-

1. We are the petitioners in the above entitled case and we have

caused the preparation of the foregoing consulta; and

2. We have read the foregoing and the allegations therein are true and
correct based on our personal knowledge and/or on authentic records.

IN WITNESS WHEREOF, We have hereunto affix my signature

this _____ day of January 2019 Balagtas, Bulacan.

ROMEO DE LEON ELIZABETH DE LEON

Represented by:

ELIZABETH DE LEON
Attorney-in-fact

SUBSCRIBED AND SWORN TO before me on this _____ day of

January 17, 2019 at Balagtas, Bulacan affiants exhibiting to me their
_____________, with No. ______, No._______ as competent proof of their
identities.

Doc. No._______
Page No. ______
Book No. ______
Series of 2019.