REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
First Judicial Region
Branch 6, Baguio City
In Re: Petition for Cancellation of Adverse Claim
ERLINDA S. ROJAS,
Petitioner
-verus-
HEIRS OF SPOUSES ROBERTO T. NAVARRO and EDNA GALANG-NAVARRO, herein represented by Magelene S. Navarro and THE REGISTER OF DEEDS OF THE CITY OF BAGUIO,
Respondents.
LRC Admin. Case No. 2630-R
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NOTICE OF INITIAL HEARING
In a verified petition, petitioner, Erlinda S. Rojas, through counsel, alleged among others that:
Sometime on January 16, 2007, respondent heirs of spouses Roberto T. Navarro and Edna Galang-Navarro represented by Magelene S. Navarro filed a complaint for Forcible Entry against her and several others which is docketed as Civil Case No. 12948 and raffled to the Municipal Trial Court of Baguio City, Branch 2;
Private respondent Navarro likewise executed an Affidavit of Adverse Claim and caused the annotation of the same in the title/copy in the records of the Register of Deeds of Baguio City of Transfer Certificate of Title No. T-41610 under the name of Happy Homes, Inc.;
It appears that private respondent spouses Roberto T. Navarro and Edna Galang-Navarro bought from Happy Homes, Inc. a townhouse, subject of the case they filed, Townhouse Unit 12, on installment basis. The spouses and their children occupied the Townhouse Unit 12 from 1987 to 1990 and thereafter transferred residence in San Fernando, Pampanga;
On the other hand, sometime in the year 2005, she bought two (2) townhouse units from Happy Homes, Inc. and undertook massive renovations and spent a huge amount of money for the repair of said units. All the while, she thought that she bought Units 11 and 12. However, it was only sometime in 2007 when the above-mentioned case was filed by private respondent Navarro, that she learned she took possession of Unit 12 by mistake because accordingly in her title, the unit she bought was unit 6 and not Unit 12;
After trial, the Municipal Trial Court, Branch 2, Baguio City rendered a Decision dismissing the complaint. The fallo is hereby quoted hereunder:
“WHEREFORE, the instant case is dismissed for the reason stated above. Plaintiffs Heirs of Spouses Roberto T. Navarro and Edna Galang-Navarro are ordered to pay the cost of the suit to defendants Spouses Joseph and Ma. Concesa Albayalde and Erlinda Rojas.
SO ORDERED.”
Said case, was appealed by private respondent Navarro to the Regional Trial Court of Baguio City and the same as raffled to the Regional Trial Court, Branch 3, Baguio City. On July 29, 2008, the Honorable Court rendered its Decision affirming the Decision of the Municipal Trial Court, Branch 2, Baguio City;
Private Respondent Navarro, elevated the above-mentioned case to the Court of Appeals and the Supreme Court. In its Decision promulgated on March 24, 2011, the Honorable Court of Appeals affirmed the Decision of the Regional Trial Court, Branch 3, Baguio City;
The petition filed by private respondent Navarro in the Supreme Court was denied for failure to sufficiently show any reversible error in the assailed judgment to warrant the exercise by the Court of its discretionary appellate jurisdiction in the case and thereafter, the Court issued an “Entry of Judgment”;
Considering that she won the case filed by private respondent Navarro, on the 17th day of November 2016, she was able to transfer the title of the Unit 12 under her name as evidenced by Transfer Certificate of Title Number 018-2016002176 by virtue of a Deed of Exchange dated September 1, 2016;
However, upon inspection of TCT No. 018-2016002176, she saw that the “Notice of Adverse Claim” dated January 11, 2007 under Entry No. 1608-38-42 was not cancelled;
Upon verification with Happy Homes, Inc., she was informed that Happy Homes, Inc. has filed a petition for cancellation of the said annotation/adverse claim docketed as LRC Case No. 1658-R and raffled to RTC 3, Baguio City. However, the Court dismissed the petition for failure to prosecute;
In view of the dismissal of the case filed by private respondent Navarro against her and the same being final, the former has no valid claim, right or interest over the property covered by TCT No. 018-2016002176 registered under her name. In the same light, for failure of Happy Homes, Inc., vendor of the property, to have the annotation cancelled, she, being the registered owner has no other recourse but to pursue the cancellation of the adverse claim/annotation f ound on page three (3) of the said title judicially.
Petitioner prays that after due notice, hearing and publication, a judgment be rendered directing the Register of Deeds of Baguio City to cancel t he adverse claim annotated on the third page of the Transfer Certificate of Title Number 018-2016002176, with Entry Number 1608-38-42 dated January 16, 2007, said title being registered under her name.
Let the petition be set for hearing on June 16 2017 at 8:30 in the morning at the Regional Trial Court, Branch 6, “Bulwagan Ng Katarungan” (Justice Hall), Baguio City at which date, time, and place, all persons interested may show cause why the petition should not be granted.
Let a copy of this Notice of Initial Hearing be published in a newspaper of general circulation In Baguio City once a week for three (3) consecutive weeks at the expense of the petitioner.
Let a copy of this Notice of Initial Hearing be posted in four (4) public places at the Bulletin Boards of the City Market, the Post Office, the City Hall, and the Regional Trial Court, all in Baguio City, and at a conspicuous place in the land covered by the Transfer Certificate of Title subject of this case, at the expense of the petitioner.
Let also a copy of the Petition and Notice of Initial Hearing be furnished to the Register of Deeds of Baguio City, the Office of the Land Registration Authority in Quezon City, the Office of the Solicitor General in Makati City, the Office of the City Prosecutor in Baguio City, and the private respondents, heirs of the spouses Roberto T. Navarro and Edna Galang-Navarro, herein represented by Magelene S. Navarro.
Serve a copy of this Notice of Initial Hearing upon the petitioner and her counsel.
SO ORDERED.
February 24, 2017 Baguio City, Philippines
(SGD)CECILIA CORAZON DULAY-ARCHOG
Acting Presiding Judge
Publication Dates: March 25, April 1 and 8, 2017
