Section 4, Rule 74 of the Rules of Court

annotation 3 pr

Here’s a recent case on a certain property being sold wherein an annotation at the back of the title was required to be taken out by the BUYER, below is the caption from an offer to buy on the property …..  this annotation applies to cases wherein a property went through an extra judicial settlement.  It’s disturbning to know that more than 50% of current issued titles with this annotation haven’t been brought to the Register of Deeds to be cancelled.

If the property is being sold through a Bank Loan, removal of this annotation is a MUST |!

Seller will be responsible for the cancellation of Sec. 4, Rule 74 of the Rules of Court annotation at the back of the Title.  However, there are cases wherein the Buyer takes care of submitting the Petition to Cancel.

This is how the annotation looks like at the back of the title :

PE 6000 / RT 70000                                                                                                                                         7/10/1993

  • Pursuant to Sec 7 of the Rep Act 26, This Certificate of Title the original of which having  been administratively reconstituted is without prejudice to any party whose right of interest in the property was duly noted on said duplicate at the time it was lost or destroyed.

To cancel this annotation would require a petition to be submitted to the Register of Deeds  and will take some proceedings, time and legal fees to be taken off the title.

As always, it’s always best to consult a real estate lawyer or go to the register of deeds to ask about their procedure.

There is a difference  in processing and time to release New Title if the Original Title was burnt, lost by the Register of Deeds or lost by the Owner.

This cancellation of this annotation could take anywhere from three weeks to six months wherein the petition has to be filed in court.

RULE 74
SUMMARY SETTLEMENT OF ESTATES
Sec. 4. Liability of distributees and estate. - If it shall appear at any time within two (2) years after the settlement and distribution of an estate in accordance with the provisions of either of the first two sections of this rule, that an heir or other person has been unduly deprived of his lawful participation in the estate, such heir or such other person may compel the settlement of the estate in the courts in the manner hereinafter provided for the purpose of satisfying such lawful participation. And if within the same time of two (2) years, it shall appear that there are debts outstanding against the estate which have not been paid, or that an heir or other person has been unduly deprived of his lawful participation payable in money, the court having jurisdiction of the estate may, by order for that purpose, after hearing, settle the amount of such debts or lawful participation and order how much and in what manner each distributee shall contribute in the payment thereof, and may issue execution, if circumstances require, against the bond provided in the preceding section or against the real estate belonging to the deceased, or both. Such bond and such real estate shall remain charged with a liability to creditors, heirs, or other persons for the full period of two (2) years after such distribution, notwithstanding any transfers of real estate that may have been made.

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Thank you.

robert
Robert G. Sarmiento Properties
Professional Affiliation :
Philippine Association of Real Estate Boards
Member, City of Taguig Real Estate Board 2016 – 2017
Real Estate Broker’s Association of the Philippines 2000-2015
President, Greenhills Chapter 2008, 2009
Philippine Association of Real Estate Brokers
San Juan Mandaluyong Chapter 1998, 1999
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