Republic of the Philippines

____________ Judicial Region

________________ TRIAL COURT

Branch _____, _____________, _____________

MOTION TO CANCEL LIS PENDENS

Plaintiff, by counsel and to this Honorable Court, respectfully states:

1. Defendant caused the annotation or registration of a notice of lis pendens on the subject matter of the instant suit.

2. Defendant caused the recording of the lis pendens for the purpose of molesting plaintiff, and the recordal thereof is not necessary to protect his rights to the property, his right thereto, if any, is only indirect and contingent.

3. The recordal of the lis pendens is prejudicial to plaintiff’s interest to the property because, being the owner of said property, it is burden and it restricts its transferability by sale, as no one will buy it during the pendency of the case and for as long as the lis pendens is not canceled.

RELIEF

WHEREFORE, plaintiff respectfully prays that the notice of lis pendens be ordered cancelled.

Other just and equitable reliefs are likewise prayed for.

City of Puerto Princesa, December 2, 2013

ATTY. ______________________________

Counsel for the Plaintiff

Brgy. San Pedro, Puerto Princesa City

Roll No. __________

IBP No. __________- __________,

PTR No. __________, issued on __________, 20____,

MCLE Compliance Cert. No. __________

NOTICE OF HEARING

Atty. ______________________

Counsel for the Defendant

Bgy. San Pedro, Puerto Princesa City

Sir:

Please be informed that the undersigned counsel has set the foregoing Motion for Reconsideration for hearing on November 25, 2013 at 8:30 am, for the consideration of the Honorable Court or soon thereafter as counsel maybe heard.

ATTY. ______________________________

Counsel for the Plaintiff

Bgy. Sta. Monica. Puerto Princesa City

AFFIDAVIT OF PERSONAL SERVICE

I, _________________________________, of legal age and having been duly sworn depose and say:

That I am the messenger of Atty. Arnel B. Venturillo, Counsel for the defendant in the case entitled Alexander Bermejo vs. Roel Ponce de Leon, Civil Case No. 65448, and that such messenger I served upon the counsel of adverse party and other parties, the Motion for Consideration filed in said case, as follows:

Atty. Bernardo U. Goy, counsel for the Plaintiff, by personal service by delivering personally copy of said Motion upon said lawyer who acknowledged receipt there of as shown by his signature or initial on the said pleading, this 23^rd day of October 2013

IN WITNESS WHEREOF, I have signed this affidavit this 24^th day of October 2013 at Puerto Princesa City.

_________________________________

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, A Notary public in and for the City of Puerto Princesa and the Province of Palawan this 24^th day of October 2013. Affiant personally came and appeared with Driver’s License ID No. issued by the Land Transportation Office and valid until May 1, 2015, at Puerto Princesa City, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument

_________________________________

Notary Public

Doc. No. ______;

Page No. ______;

Book No. ______;

Series of 20__;

Copy furnished:

____________________________

Counsel for plaintiff

_________________, __________