REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FOURTH JUDICIAL REGION
BRANCH 72, ANTIPOLO CITY

SITIO KAMIAS
COMMUNITY
CHRISTIAN RESIDENTS
ASSN. INC. and SITIO
KAMIAS GATE 11
RESIDENTS ASSN. INC.

Plaintiffs, Civil Case No. 94-3255

- versus

NATIONAL HOUSING
AUTHORITY, Et. Al.,
Defen
dants.
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MOTION
(To Amend the Order of Dismissal)

Defendant, Sergio Alcalde Jr., through the undersigned

counsel, unto this Honorable Court, most respectfully states
THAT:

1. This case has already attained finality and in fact

said Defendant secured the Order of Dismissal as well as
the Certificate of Finality from this Honorable Court so that
the Lis Pendens caused by Plaintiffs in the Transfer
Certificate of Title of the property subject matter of this
case be cancelled.

2. However, upon verification with the Register of

Deeds of Antipolo City, it appears that the
annotation/encumbrance existing in the said title includes
an Adverse Claim and not merely Lis Pendens.
Furthermore, the Register of Deeds of Antipolo informed
Defendant that said adverse claim cannot be cancelled
without a court order enjoining the said Office cancel the
same.

3. Thus, Defendant most respectfully move that the

previous Order dismissing the instant case be modified or
amended accordingly to include the cancellation of Adverse
Claim in addition to the Lis Pendens inscribed in Title
Certificate of Title Nos. R-51005.

PRAYER

WHEREFORE, in view of the foregoing, it is most

respectfully prayed that the instant motion be granted
ordering the amendment or modification of the Order of
Dismissal to include therein the cancellation of Adverse
Claim caused by Plaintiffs in this case in TCT No. R-51005.
Other reliefs and remedies that may be deemed to be
just and equitable under the premises are likewise prayed
for.

Quezon City, May 5, 2017.

RODVICK J. ABARCA
Counsel for the Petitioner
Unit 5E Future Point 3, Panay Avenue Quezon City
Roll No. 61036
IBP No. 946377 (Until 2016) 1-5-15, Manila 3
PTR No. 2209229-1/8/16-Q.C.
Compliance IV 0008716-10-24-12
09177198677
(rodvick_ab@yahoo.com.ph)

NOTICE OF HEARING

THE BRANCH CLERK OF COURT

Rtc-Branch 72
Antipolo City

Sitio Kamias Gate 11 Residents Assn. Inc.

124 Sitio Kamias, Gate II,
Cogeo, Antipolo, Rizal
National Housing Authority
Elliptical Road, Quezon City

Greetings!
Please take notice that the undersigned counsel shall submit the
foregoing motion for the kind consideration and approval of this
Honorable Court on May 19, 2017 at 8:30 in the morning.

COPY FURNISHED

Sitio Kamias Community Christian Residents Assn.

Inc.
Sitio Kamias, Bagong Nayon
Cogeo, Antipolo, Rizal

Sitio Kamias Gate 11 Residents Assn. Inc.

124 Sitio Kamias, Gate II,
Cogeo, Antipolo, Rizal

National Housing Authority

Elliptical Road, Quezon City

EXPLANATION

Due to distance and absent available messengerial

services, copies of the pleadings are being served to parties
and filed with this Honorable Court through registered mail.

RODVICK J. ABARCA