Affidavit of Adverse Claim - Bautista

 

Republic of the Philippines ) Province of Laguna ) Sc. City of Cabuyao )

AFFIDAVIT OF ADVERSE CLAIM I, REYNALDO B. BAUTISTA, of legal age, Filipino, married and with residence and postal address at 123 Brgy. Marinig, City of Cabuyao, Laguna, after having been duly sworn to in accordance with law, hereby depose and state, THAT: 1. On August 13, 2003, my elder sibling, Alberto B. Bautista, of legal age, Filipino, married to Mercia V. Bautista and with residence at Phase 2-2 Block 15 Lot 10, Pacita Complex I, San Pedro, Laguna, mortgaged to Banco Filipino Savings and Mortgage Bank with principal place of business at 101 Paseo de Roxas, Makati City as security for the payment of a loan in the sum of Two Million Pesos (PhP 2,000,000.00) the real properties described in Transfer Certificate of Title (TCT) No. T-17314 registered in the name of said Alberto B. Bautista; 2. For and in consideration of Two Million Pesos (PhP 2,000,000.00), 2,000,000.00) , my brother Alberto B. Bautista (brother Alberto) sold to me one-half (1/2) of the portion of a parcel of land or equivalent to Two Hundred Twenty Five (225) square meters located at Block 76 Lot 4 Fort Bonifacio, Taguig City covering Transfer Certificate of Title No. T17314. My brother told me that the amount involved in the sale of the lot would be used for the payment of loan he earlier contracted with Banco Filipino Savings and Mortgage Bank and the eventual cancellation of the real estate mortgage involving the same lot.  After giving to my brother the amount of Two Million Pesos (PhP 2,000,000.00) 2,000,000.00) as consideration of the sale, he turned over to me the Owner’s Copy of TCT No. T -17314; 3. However, my brother Alberto intimated to me that he needed to pay the interest of the principal amount of the loan he contracted from Banco Filipino Savings and Mortgage Bank amounting to One Million Three Hundred Thousand Pesos (1,300,000.00). As younger brother, I agreed with my brother Alberto to pay to Banco Filipino Savings and Mortgage Bank the said interest amounting to One Million Three Hundred Thousand Pesos (1,300,000.00) hence, the total amount I gave to my brother  Alberto is Three Million Million Three Three Hundred Hundred Thousand Thousand Pesos (PhP 3,300,000.00 3,300,000.00); ); 4. On April 20, 2011, my brother Alberto, without my knowledge and consent, sold one-half (1/2) portion of the lot to one (1) Hazel Ruth A. Taparan married to Francis Carlo D. Taparan for the sum of Two Million Two Hundred Fifty Thousand Pesos; 5. On December 29, 2011, my brother Alberto, without my knowledge and consent, executed a notarized letter-request filed with the Registry of Deeds of Province of Rizal requesting cancellation of TCT No. T-17314 hence, TCT No. T-17314 was cancelled and two (2) new Transfer Certificate of Titles were issued namely, Transfer Certificate of Title (TCT) No. 164-2012000108 in the name of Hazel Ruth A. Navaja Taparan and TCT No. 164-2012000109 in the name of my brother Alberto B. Bautista; 6. On October 27, 2014, I secured an electronic copy of TCT No. T-17314 but but I found out that it was already cancelled. When I checked the Memorandum of Encumbrances in the said document, I learned that my brother Alberto filed an Affidavit of Loss with the Registry of Deeds for the Province of Rizal duly recorded on April 8, 2011. I also learned from the same document that my brother Alberto filed a Petition for the Issuance of Owner’s Duplicate Copy of TCT No. T-17314. T -17314. Hence, by virtue of a court order issued by the Regional Trial Court (RTC), National Capital Judicial Region

 

(NCJR) of Pasig City, Branch 70, 70, a new owner’s duplicate copy of the subject title was issued to my brother Alberto B. Bautista; 7. My brother Alberto, through fraud and misrepresentation, declared as lost the owner’s duplicate duplicate copy of TCT No. T-17314 when in truth and in fact, it is existing and the same is in my possession from the time I gave him the sum of Two Million Pesos (PhP 2,000,000.00) as consideration of the sale we earlier entered into involving one-half (1/2) of the portion of the parcel of land or equivalent to Two Hundred Twenty Five (225) square meters registered in my brother’s name; brother’s name; 8. To forestall the possibility of my brother Alberto disposing or encumbering the parcel of land measuring Two Hundred Twenty Five (225) square meters covered by TCT No. 164-2012000109 registered in his name, I would like that my adverse claim be annotated in the said title; 9. I executed this Affidavit for the purpose of requesting the proper authority to record my ADVERSE CLAIM of the parcel of land measuring Two Hundred Twenty Five (225) square meters covered by Transfer Certificate of Title No. 164-2012000109 registered in the name of my brother Alberto B. Bautista located at Block 76 Lot 4 Fort Bonifacio, Taguig City . IN WITNESS WHEREOF, I have hereunto signed this 10 th  day of November 2014 at City of Cabuyao, Laguna.

REYNALDO B. BAUTISTA  Affiant

SUBSCRIBED AND SWORN to before me this 10 th  day of November 2014.  Affiant exhibited to me his government-issued government-issued identification card ______________ _________________ ___ as competent evidence of his identity.

Doc. No. ____ Page No. ____ Book No. ____ Series of 2014.