Affidavit - Quieting Title

 

Republic of the Philippines) Philippines ) Province of Davao del Norte ) s.s. City of Tagum   ) x- - - - - - - - - - - - - - - - - - x

AFFDA!T"C#$P%ANT

& $AR%# $. %ARR#'A& of legal age, Filipino, married, and a resident of Makati, Manila , Philippines, after having been duly sworn to in accordance with law, hereby depose and state, T(AT T(AT::

! "n # #$ $ %e %ece cemb mber er &# &#' ',, Angel $ay amas, amas, of legal age, Filipino, widow with postal address at (ison (ubdivision, agum *ity, filed a Petiti Pet ition on for the +ssuan +ssuance ce of ew "wn "wner ers s %up %uplic licate ate *opy of TCT Nos. *+,-  *+,-  and /01 /01   and #CT No. 2*3**  2*3**  before the .egional r ria iall *o *our urtt of a agu gum m *ity *ity!! Ma Machi chine ne co copy py of the the sa said id Pe Peti titi tion on is hereto attached as /nnex 0A4 0 A4 and  and made an integral part hereof1 &! Ang Angel el $ay am amas as   al alle lege ged d in he herr Pe Peti titi tion on that that wh when en sh she e wa was s gathering the titles of the spouses as she was settling the estate of her husband, she noticed that she could not locate TCT Nos. *+,and /01 /01   and #CT No. 2*3**1 2*3**1

'! (he also all alleged eged tha thatt since she ho hoped ped that th the e said title titles s were 2ust misplaced, she and her children searched and looked for the said titles at the residence, and in the office but the same was not found! hus, she claimed, with all the diligent efforts made, she considered said titles as deemed lost1

3! /tt /ttache ached d with the sa said id Pet Petiti ition on is an /ffi /ffidavi davitt of 4oss of #CT No. 2*3**   of An 2*3** Ange gell $a $ay y a ama mas s  da date ted d &' o ove vemb mber er &# &#' ' an and d denominated as %ocument o! &35, Page o! &6, 7ook o! 488+, (eries (erie s of &#' of the otar otary y .egist .egister er of otary Public iel 9illarico before whom she subscribed said /ffidavit on &' ovember &#'! /ttached as Anne5 67 67 hereof is the copy of the said Affidavit of %oss and %oss  and made an integral part hereof1

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;! Angel $ay amas alleged amas alleged in the said /ffidavit of 4oss that she is curren cur rently tly set settli tling ng the estat estate e of her husba husband, nd, Atty. 8ohn amas and she include included d #CT No. 2*3** in 2*3**  in the estate being a con2ugal property! Further, she alleged that while gathering the titles of their other oth er pro proper pertie ties, s, she notic noticed ed tha thatt she could not loc locate ate #CT No. 2*3**   and that s 2*3** she he exerted d diligent iligent efforts to find the same but to no avail1

5! (he also allege alleged d with the s said aid /ffi /ffidavit davit of 4 4oss oss whic which h was atta attached ched to her Petition that, to anuary $, &#&, + wanted to purchase a parcel of land lan d loc locate ated d at (iso (ison n (ub (ubdivi division sion and cov covere ered d und under er TCT No. T" ***"+ **"++ + bu butt due to the the fa fact ct that that + am pe perm rman anen entl tly y resi residin ding g in Manila, there were some legal inconveniences which caused delay to the transaction1

! /tty! >ohny ?amas then suggested that in order to expedite the transaction of purchasing the said parcel of land, the purchase must be placed under the name of his wife, /ngel May ?amas, or under his name and the same be held in trust for me and under the clear agreement that later on the said land would be reconveyed to me, the real owner1

&! hough at first, + was reluctant to the said suggestion, + conceded to the proposal under the assurance of /tty! >ohny ?amas that a (pecial Power of /ttorney would be executed by him or by his wife in my favor authoriAing me to sell the said parcel of land and to receive the proceeds thereof! /ttached as Anne5 6 94 hereof 94 hereof is the (pecial Power of /ttorney dated >anuary &$, &#& and made an integral part of this hereof1

'! hus, said transaction was pursued wherein /tty! >ohny ?amas stood as the vendee with the purchase price furnished by me and under the agreement we had previously agreed1

3! "n

Febru February ary #&, &#& &#&,, the said tr transact ansaction ion was re register gistered ed with

the .egistry of %eeds and subseohny ?amas1

5!! "n Ma 5 Marc rch h #5 #5,, &# &#& & an anot othe herr pa parc rcel el of land land loca locate ted d at (i (iso son n (ubdivision and covered by #CT No. 2*3** was 2*3** was purchased under the same agreement! hus, the title was registered to /tty! >ohny ?amas as my trustee1

$! + being the real owner of the said lands which were only held in tr trus ustt by /n /nge gell Ma May y ?a ?ama mas s an and d he herr hu husb sban and d an and d ha havi ving ng the the possession posse ssion of the owner owners s duplicate copy of TCT No. ***"++ ***"++ and  and #CT No. 2*3** since 2*3**  since they were issued by the .egistry of %eeds of %avao del orte, opposed the said petition on the ground that th the e sa same me were not lo lost st!! /tta /ttach ched ed as Anne5 6:4  6:4  hereof is the copy of the said "pposition1

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6! hus, /ngel May ?amas who had long been separated from her husband even before the latters death filed the aforesaid petition under the actual knowledge that the said titles were w ere never lost1

@! he /ffidavit she validly and willfully executed on $ %ecember &#& which was material to her petition and re