Republic of the Philippines)
City of Puerto Princesa
) SS.
AFFIDAVIT OF ADVERSE CLAIM
I,
, of legal age, Filipino and a resident of
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:
Affidavit of Adverse Claim
Page 1 of 3
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.
Affidavit of Adverse Claim
Page 2 of 3
NOTARY PUBLIC
Doc. No.
Page No.
Book No.
Series of 2015.
Affidavit of Adverse Claim
Page 3 of 3