Affidavit of Adverse Claim

May 2, 2018 | Author: Michelle Ricaza-Acosta | Category: Deed, Affidavit, Document, Natural Resources Law, Property Law
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Affidavit of Adverse Claim...


Republic of the Philippines) City of Puerto Princesa ) SS.


 ____________________ , of legal age, Filipino and a resident of I, ____________________  Barangay Bucana, El Nido, Palawan, after being duly sworn according to law, hereby depose and state that:

1) I am filing a Notice of Adverse Claim on the property covered by Original Certificate of Title (OCT) No. _________ Homestead Patent No. ________ of the Registry of Deeds of the Province of ________________. ________________. 2) OCT No. __________, which is registered under the name of the late ___________, covers a real property (parcel of land) located at the Barrio of ___________, containing an area of 6.5742 hectares and which parcel of land is particularly described as follows: “Original Certificate of Title “No. _______  _______ .  _____________________________________________   ________________________ _____________________ .”

3) My father, _____________ is married to my mother,  _____________. I am the only surviving legal heir of my father who died on 27 July 1976 at Brgy. Bucana, El Nido, Palawan, leaving the above-mentioned property, without any last will and testament. A copy of the Marriage Contract is hereto attached and marked as ANNEX “A”.

4) My stepmother _______________ and I did not execute any DEED OF EXTRAJUDICIAL SETTLEMENT OF ESTATE WITH SALE (Deed) with a certain ______________ last 10 December 1985 pertaining to the estate of my father. A copy of the said Deed of Extra-Judicial Settlement of Estate with Sale is hereto attached and marked as ANNEX “B”. 5) The Deed is forged as I did not affix my signature in the assailed Deed and neither did my stepmother. There are also many falsities in the subject Deed, some of which are:

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a.  _________________ 6) On the basis of the forged Deed, ___________ was able to obtain the owner’s copy of the Original Certificate of Title from the Register of Deeds of Palawan. 7) It was only in the year 2012 that I came to know of the existence of the subject property registered under my father’s name and I had no knowledge of the assailed Deed as I was only able to secure a copy of the subject Deed sometime in the year 2013. 8) There is a great possibility that the title on the property will be transferred in the name of Ms. ________________ because she has in her possession the original owner’s copy thereof and I was informed that the same is now being processed with only the DENR Clearance Certificate as the only lacking requirement. 9) Unless an adverse claim is annotated on the aforedescribed Original Certificate of Title, I am in danger of being deprived of my valid right over the subject property. 10) I am executing this Affidavit for the purpose of attesting to the truthfulness and veracity of the foregoing allegations and to effect the annotation of the adverse claim in the original copy of OCT No. _______________. Further I sayeth naught. IN WITNESS WHEREOF  I have hereunto set my hand this  ______ day of January 2015 at Puerto Princesa City, Palawan, Philippines.

 ________________________   Affiant

SUBSCRIBED and SWORN  to before me this ____ day of  January 2015 at Puerto Princesa City, affiant exhibited to me his Voter’s I.D. No. ____________________, issued by the Commission on Elections.

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NOTARY PUBLIC Doc. No._______ Page No. ______ Book No.______ Series of 2015.

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