CASE NO. ________________________ IN RE: IN THE MATTER OF PETITION FOR AMENDMENT AND CANCELATION OF SURVEY PLAN OF CERTIFI CERTIFICA CATE TE OF TITLE NO. ___, REGISTERED IN THE NAME SPOUSES FURTONATO YUNTING YUNTING AND FERIACA YUNTING, YUNTING, REPRENSENTED REPRENSENTED BY THEI THEIR R COMP COMPUL ULSO SOR RY HEIRS NAMELY NAMELY, ROSALINA YUNTING, YUNTING, LOLIT LOLITA A YUNTING, YUNTING, ERLINDA YUNTING, YUNTING, PABLITO YUNTING, YUNTING, FELECITO YUNTING, YUNTING, CANDIDA YUNTING YUNTING AND CEPRIANO YUNTING. YUNTING. MARIO MA RIO H. CERILLES Petitioner !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!"
PETITION COMES COME S NOW NOW, Petiti tition one er, by him himself self and and unt unto this his Hono Honorab rable le Oce Oce,, subm submit its s this this inst instan antt peti petiti tion on and aver avers s that !" Petitio etitioner ner,, M#$%O M#$%O H" CE$%&& CE$%&&ES, ES, 'ilipin ilipino o of le(al le(al a(e, a(e, married and a resident of )" #*uino Street, Santa &ucia ucia +ist +istri rict ct,, Pa(ad a(adia ian n Ci City ty,, her here e he may may be serve served d ith ith summ summons ons,, notic notices es,, or orde ders rs and and othe otherr processes of this Honorable Oce
-" % am the oner of the Mount Palpalan $esort, located at )aran(ay Palpalan, Pa(adian City
'or purposes of establishin( an access road to said property, % purchased on portion by portion bases a parcel of land from the heirs of spouses 'urtonato .untin( and 'eriaca .untin(, namely , ROSALINA YUNTING, LOLITA YUNTING, ERLINDA YUNTING, PABLITO YUNTING #n$ FELECITO YUNTING, CANDIDA YUNTING ROBLEDO #n$ CEPRIANO YUNTING %Heir& o' &(o)&e& Y)ntin*, 'or +reit-, 'ilipinos, all of le(al a(e, married respectively and all are residents of )aran(ay Palpalan, Pa(adian City hich is part of that bi((er parcel of land denominated as
“A parcel of land, bounded on the NE., along lines 1-2 by lot 408 and 2- by lot 40!, "ad#8$% on the E., along lines -4 by lot 404 and 4-# by lot 402, "ad-#&$% on the '., along lines #-$-! by lot 811,"ad #&$ and on the N(., along lines !-8 by lot $12$, )ls-11& and 8-1 by lot 40& "ad-#&$, containing an area of FORTY EIGHT THOUSAND THREE HUNDRED EIGHTY (48,380), SQUARE *ore or less. +, copy of the METERS,
certicate of title hereto attached for*ing an integral part of this letter%
/hat % purchased a total area of T/ENTY SEVEN THOUSAND NINE HUNDRED %01,233 S4UARE METERS of the aforesaid property from the heirs thru their authori0ed a(ent BENEDICTO FERRER PEROLINO, 'ilipino of le(al a(e and resident of Palpalan, Pa(adian City
% bou(ht the aforesaid portion of land 1T5ent- Seen T6o)&#n$ Nine H)n$re$ %01,233 S7)#re Meter&, more or less2 on a portion by portion basis and on installment basis and throu(h the heirs of spouses .untin( authori0ed a(ent )enedicto 'errer Perolino, 'ilipino of le(al a(e and resident of Palpalan, Pa(adian City
/hat sometime in -3!-, % paid an initial don payment to them" #s a conse*uence, the heirs of spouses 'urtonato .untin( and 'eriaca .untin( e4ecuted an E4tra56udicial Partition of Estate ith Sale even if full payment as not yet completed" /he areas sub7ect of the E4tra56udicial Partition of Estate ith Sale shall be T/O THOUSAND SEVEN HUNDRED %0,133 S4UARE METERS, or less, ith further speci8cation that the 5i$t6 shall be FIFTEEN %89 METERS and the en*t6 shall be ONE HUNDRED EIGHTY %8;3 S4UARE METERS,
%n the years that folloed, particularly sometime in -3!9 and -3!:, % made several additional don payments to the heirs of spouses .untin(" #s a conse*uence, , ROSALINA YUNTING, LOLITA YUNTING, ERLINDA YUNTING, PABLITO YUNTING #n$ FELECITO YUNTING, CANDIDA YUNTING ROBLEDO #n$ CEPRIANO YUNTING,
e4ecuted to 1-2 E4tra57udicial Partition of Estate ith Sale to that e;ect in my favor
/hat after % have paid an initial don payment, the heirs of spouses .untin(, partially e4ecuted an e4tra57udicial partition of estate ith sale, pendin( full payment that said area containin( T/O THOUSAND SEVEN HUNDRED %0,133 S4UARE METERS, or less, ith speci8ed ith and len(th to it, the 5i$t6 shall be FIFTEEN %89 METERS and the en*t6 shall be ONE HUNDRED EIGHTY %8;3 S4UARE METERS, the said area is established as an access road (oin( to my resort, copy hereto attached formin( an inte(ral part of this letter<
Sometime in -3!:, % as able to pay the entire amount" Hoever, % as not able to process yet the transfer of the portions of land covered in the to previous E4tra57udicial Partition of Estate ith Sale" 'or purposes of includin( and incorporatin( the to portions earlier sold to me ith the latest portion that % paid sometime in -3!:, and the further purpose of havin( only one certi8cate of title hen % process the re(istration, trans and titlin( of the entire area that % bou(ht and paid for,, $osalina .untin(, &olita .untin(, Erlinda .untin(, Pablito .untin(, 'elecito .untin(, Candida .untin( $obledo .untin( and Cepriano .untin( t6en ee=)te$ # t6ir$ Etr#!>)$i=i# P#rtition o' E&t#te #?on* 6eir& 5it6 &#e, coverin( a total area of T5entSeen T6o)&#n$ Nine H)n$re$ %01,233 S7)#re Meter&, more or less, in my favor, copy of the /hird E4tra5 7udicial partition of estate ith sale, hereto attached formin( an inte(ral part of this letter
/hat
/hat in vie of the peculiar surroundin( circumstance involved, % hereby prayed that any transaction hich convey and=or transfer onership of a parcel of land covered by ORIGINAL CERTIFICATE OF TITLE NO. 8,9@, should be HELD IN ABEYANCE and further prayed that this letter of protest be annotated or cause it to be annotated in the /C/ NO" !,:9>" itself Hopin( for your immediate action and attention, % am"" than
DR. MARIO H. CERILLES COPY FURNISHED:
#rticle @A Section -!!" /he folloin( procedure shall apply in the cancellation of approved survey planB
!" /here should be a re*uest for the cancellation of the approved survey from the private party=(overnment a(ency a;ected e4pressly statin( therein the reason for cancellation" -" /he re*uest should be under oath" @" On the basis of such re*uest, the $/+ for &ands concerned shall issue an Order of %nvesti(ation to the 'NSP or a separate survey party created for the purpose" 9" #n investi(ation=(round veri8cation shall be conducted by the 'NSP or Survey Party to ascertain hether there is a valid (round to cancel the previously approved survey" :" #fter completion of the investi(ation=(round veri8cation, the team shall immediately submit their 8ndin(s and recommendations >" #n Order shall be issued by the $/+ for &ands concerned indicatin( therein hether the sub7ect plan is cancelled or not, amon( other information" #ny approved survey plan, includin( its lot data computations, etc", cancelled by virtue of such Order shall be mar, otherise
#rticle 93 Pro7ection Maps Section -!-" /he folloin( shall serve as a (uide in the use of pro7ection mapsB !" %nventory the available maps such as Cad, Pls, ?ss, /s coverin( the entire re(ion" %nde4 all available maps and reIect in a re(ional base map" %n the
absence of these maps, construct provisional pro7ection map ith their correspondin( inde4 number and reIect the same on the map" %nde4 number shall start from number one 1!2 from the top left of the base map (oin( to the ri(ht for every line thereof" -" Jse blueprints of previously approved cadastral survey, public land subdivision, ?ss, tonsite subdivision survey for pro7ection" @" %f no Cad, Pls, ?ss, /s maps are available, construct a provisional pro7ection map but should only be used after reIectin( all the previously approved isolated surveys usin( the available lot data computations" 9" Jse pencil hen pro7ectin( submitted surveys for approval and use permanent in< after the approval thereof by the $/+ for &ands concerned" %f found to overlap other previously approved surveys, immediately return the survey documents to the ?E concerned emphasi0in( the reasons of the re7ection thereof and advise him to ma" &MS ocials=employees found violatin( these provisions shall be char(ed administratively sub7ect to due process of la" F" /he (rounds for cancellation shall be as those provided in Section :3, +#O No" -33F5-A
