Scribd
Upload
724 views

Motion For Cancellation of Annotation On Title (Mr. Viray)

The motion requests the cancellation of an encumbrance on a property located in Paete, Laguna. [1] In 1992, the property was used as a bond to secure the provisional liberty of Roger Leynes in a criminal case. [2] After the death of the property owners, their heirs want to settle the estate, but the property remains encumbered despite the termination of the criminal case over 25 years ago. [3] Cancelling the encumbrance will allow the heirs to avail of a tax amnesty and consolidate two separate tax declarations for the same property.

Uploaded by

Arkim llovit
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
724 views

Motion For Cancellation of Annotation On Title (Mr. Viray)

The motion requests the cancellation of an encumbrance on a property located in Paete, Laguna. [1] In 1992, the property was used as a bond to secure the provisional liberty of Roger Leynes in a criminal case. [2] After the death of the property owners, their heirs want to settle the estate, but the property remains encumbered despite the termination of the criminal case over 25 years ago. [3] Cancelling the encumbrance will allow the heirs to avail of a tax amnesty and consolidate two separate tax declarations for the same property.

Uploaded by

Arkim llovit
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 3

REPUBLIC OF THE PHILIPPINES

5 TH
MUNICIPAL CIRCUIT TRIAL COURT
(PANGIL-PAETE-PAKIL)
PANGIL, LAGUNA

PEOPLE OF THE PHILIPPINES


Complainant,

-vs- Crim. Case No. 2137


For: Reckless Imprudence
Resulting in Physical Injuries
ROGER LEYNES @AGA
Accused.

X -----------------------------------------x

MOTION
(for the Cancellation of Encumbrance on Property)

COMES NOW, herein Movant MA. VILMA A. VIRAY,


Filipino, married, of legal age, and residing at J.P. Rizal St., Paete,
Laguna, through the undersigned counsel, most respectfully alleges
that:

1. Movant is a representative of the heirs of the late Victoriano


Afunggol and Maria Saldaña, the former’s parents;

2. In 1992, the accused in the above-captioned criminal case,


Roger Leynes, was an employee of the Movant who was then
engaged in the retail of Liquefied Petroleum Gas;

3. Relative to the aforesaid criminal case, Victoriano Afunggol


pleaded to secure a property bond for the provisional liberty
of Roger Leynes as he felt that it was the Movant’s family’s
obligation to help Roger. Consequently, a piece of his
property located at Brgy. Quinale, Paete, Laguna and covered
by Tax Declaration No. 18 0013 00065, was encumbered to
serve as property bond;

4. After the death of the Movant’s parents, the heirs, including


the Movant, agreed and decided to settle and partition the
Estate of the deceased which includes the said encumbered
property;

1|Page
5. In the process, the heirs were advised by the Bureau of
Internal Revenue (BIR) that there was an ongoing tax
amnesty for all defaulted payment of taxes;

6. The heirs worked to avail of the amnesty only to find out that
the subject property has not yet been released from
encumbrance despite the termination of the case;

7. The heirs also discovered that a property they thought to be a


separate piece of land, covered by Tax Declaration No. 18
0013 00064 is one and the same with the encumbered
property covered by Tax Declaration no. 18 0013 00065;

8. In order to effect the cancellation of the said Tax


Declarations, and to have a single one issued covering the
subject property, and to avail of the tax amnesty from the
BIR, there is a necessity for the cancellation of the
encumbrance on Tax Declaration No. 18 0013 00065 by
virtue of a court order;

9. Pursuant thereto, Movant proceeded to the court to secure a


copy of the needed court order, however, she was informed
that the pertinent case records, including the decision and
the order cancelling the property bond have been destroyed
by termites;

10. Further, diligent efforts were made by the Movant to


secure a copy thereof by trying to locate the parties in the
case. However, private complainant named Irene Edlagan,
who was already an elderly woman when the case was filed,
could not be found, while Roger Leynes, who is no longer an
employee of the Movant, does not hold a copy of the decision
and the court order;

11. To pay taxes for a single property covered by two separate


tax declarations, and having the property encumbered for a
case that had already been decided 27 years ago defy equity,
reason and justice;

12. We then pray…

PRAYER

WHEREFORE, in view of the foregoing premises, it is most


respectfully prayed that the encumbrance on the property covered by
Tax Declaration No. 18 0013 00065 be cancelled and that the same be

2|Page
released to the rightful owners, the Heirs of Victoriano Afunggol and
Maria Saldaña Afunggol.

Other reliefs, just and equitable under the premises, are


likewise prayed for.

RESPECTFULLY SUBMITTED.

17 December 2019 in Paete, Laguna.

LAURENCE L. PASIA
PTR No. 6502742/ Sta. Cruz, Laguna
IBP No. 060625/1-04-2019
Roll No. 66146
MCLE Compliance No. VI – 005190

The Clerk of Court


5th MCTC, Pangil, Laguna

Sirs;

Please take notice that the undersigned submits this Motion for the
consideration of the Honorable Court on December 26, 2019,
Thursday, at 10 o’clock in the morning or as soon as counsel and
matter may be heard.

LAURENCE L. PASIA

3|Page

You might also like