Cancelling an encumbrance under Section 7 RA 26 follows the same process as cancelling other encumbrances.

You will need to do the following Steps to Cancel and Encumbrance:

• Legal Consultation: Begin by engaging a lawyer who specializes in property law to evaluate your specific situation.
• Drafting the Petition: Your attorney will prepare a petition that details your request for cancellation, supported by the evidence you provide.
• Court Filing: File your petition with the relevant court, along with all necessary documentation.
• Publication Notification: Announce your intent to cancel the encumbrance by publishing this intent in two consecutive editions of the Official Gazette at least 30 days prior to your scheduled hearing.
• Hearing Procedure: – Present the evidence that upholds your claim. Allow any interested parties to present their claims regarding the property.
• Awaiting Court Judgment: After the hearing, you will need to await the court’s determination regarding your petition.
• Updating the Registry of Deeds: If the court rules in your favor, the Decision must be registered with the Registry of Deeds so that the title is updated.

Publication is needed for the cancellation of the encumbrance under Section 7 RA 26.

Publication is required so that people who may have an interest in the property are informed and have enough time to indicate their claim on the property.

Publication must be done twice in successive issues of the Official Gazette at least thirty (30) days before the date of hearing.

Publication is necessary to ensure that you have complied with the Rules of court.

If publication is not done, then it is possible that the later on someone can state that the Rules of court were not followed and state that the case was impaired.