Republic of the Philippines Department of Justice OFFICE OF THE CITY PROSECUTOR Cagayan de Oro City NPS NO.:X-06-INV-10-L-2984 & NPS NO.:X-06-INV-10-L-2985 Complainant: KHADUA IMAM MUTILAN, et al For: ESTAFA then Falsification of Public Document SUBPOENA TO. SAPHIA L. MUTILAN, MOHAMMAD M. MUTILAN, SAUDA A. MUTILAN, MONAWERA MIRAATO ABUBACAR - Bik 4, Lor 2, RER Subd., Phase J, Kanswagan highway, Cagayan de Oro City GREETINGS: ‘Under and by virtue of the authority vested in me by law, you are hereby directed and required to submit to the Office of the City Prosecutor, Cagayan de Oro City,(Hall of Justice Bldg., Hayes St.) within TEN (10) DAYS from receipt hereof your Counter-affidavit and their supporting documents, if any, in answer to the complaint and/or swom statements filed with this Office in which you are the respondent, copies of which are hereto attached pursuant to Presidential Decree No. 77, as amended, and by the 1985 Rules of Criminal Procedure and to appear on January 21,2011 at 2:00 PM. for preliminary investigation. ‘You are hereby WARNED that failure on your part to comply with the subpoena, said complaint shall be considered for resotution based on the evidence on record. WITNESS MY HAND AND SEAL this 4 day of January 2011 No DAS secuting 0 ‘THE CHIEF OF POLICE/SUBPOENA OFFICER 4, 2011 Chief of Police ~ Cagayan de Oro City GREETINGS: RETURN OF SERVICE on this __day of _ | have served a copy offthe subpoena and the person/s cited herein hashave affixed ther svandniires hereunder. Other remarics: Cony af auhnnana nacndainkCW) Mae ig ~ ag Republic of the Philippines) Cagayan de Oro City yss. AFFIDAVIT-COMPLAINT } 1, KHADIJA IMAM MUTILAN, of lezal age, widowed, Administrator of the entire Estate of DR. MAHID M. MUTILAN (Appointment is attached as ANNEX “A” and “A-1") and a resident of Barangay Lilod-Saduc, Marawi City, after being duly sworn to an oath in accordance with law, hereby depose and state: 1. That I am respectfully filing criminal complaint of ESTAFA THROUGH FALSIFICATION OF PUBLIC DOCUMENTS against the following persons whose respective addresses are enumerated below: 1.1. SAPHIA L. MUTILAN, 1.2, MOHAMMAD M. MUTILAN, JR. [Phase 1, Subdivision, 1.3. SAUDA A. MUTILAN, ‘Kauswagan Highway, 1.4. MONAWERA MIRAATO ABUBACAR } | Cagayan de Oro City 15, MA. HELENNA R. CHU, c/o Guzpachoo's Resturant, Quezon Avenue Extension, Iligan City 1.6. JOHN DOE Employee in the Office of the Register of Deeds of Cagayan de Oro City ‘All at Block 4, Lot 2, RER for conspiring and confederating with each other in defrauding the Estate of Late DR. MAHID M. MUTILAN, his creditors and the Government taxes through falsifying the Absolute Deed of Sale of a commercial lot covered by Transfer Certificate of Title No. T- ‘59899 executed in his favor by the Heirs of SULTAN RAKIM.GUINDOLONGAN. 2. That when DR. MAHID M.MUTILAN died on December 6, 2007 he left several properties including a parcel of commercial land located at Pres. M. Roxas St., Cogon, Cagayan de Oro City he purchased from the Heirs of Late SULTAN RAKIM GUINDOLONGAN which is covered by Transfer Certificate of Title No. T-59899 (TCT). This is evidenced by said TCT, Absolute Deed of Sale acknowledged before Notary Public Atty. Ombawa M. Madum and three (3) Receip¥Agreements dated September 24, 1999, October 28, 1999 and December 9, 1999 which were delivered to him by the Heirs of GUINDOLONGAN. Copies of TCT No. T-59899 and the three Receipts are attached as ANNEXES “B”, “C” to “C-2” while the genuine !but altered/tampered copy of the Adsolute Deed of Sale in favor of DR. MUTILAN is attached as ANNEX “F” below; 3. That, when I was appointed on June 23, 2008 as Administrator of the entire Estate of DR. MAHID M. MUTILAN by the Shari’a District Court of Marawi City in Special Proceedings S.P. No. 93-08, I demanded from respondents SAPHIA L.MUTILAN and MOHAMMAD MUTILAN to tum over the titles and documents of properties of Late DR. MUTILAN in their possession as their obligation to deliver to the Estate, They both ignored my demand. Copy of the letter-directive is attached as ANNEX “D” and“D-1; That, when the same demand was made to ATTY, ABUBAKAR C. BARAMBANGAN (Now Regional State Prosecutor of Region XVI, Autonomous Region in Muslim Mindanao), he replied me on August 5, 2008 that: “ not transfer the. his mame. In fact, the real property tax declaration is still in the name “SOU. asa i Goes eae ee | Tetrieved from the Office of Dr. Mutilan in your house and now in the | possession of the Court.” (Underscoring and emphasis supplied) Certified true copy of ATTY. BARAMBANGAN’s letter-reply is attached as ANNEX “E”: 5. That sometimes on 2009, Saphia L. Mutilan, Mohammad M. Mutilan, Jr, Sauda A. Mutilan, Monawera M. Abubacar, Ma. Helenna R. Chu conspired and confederated with each other and erased from the Absolute Deed of Sale (ANNEX “F”) the name and personal circumstances of DR. MAHID M. MUTILAN, including the amount of the consideration of the sale, as the buyer of said property and thereby superimposed thereon instead the fictitious name and address of persons purportedly of VISTA DEL RIO LAND DEV. CO., Inc. as the buyer and the amount of TWO MILLION PESOS (P2,000,000.00) thereby changed the name of the buyer and the amount of the consideration of the sale in the original Absolute Deed of Sale . The copy of the genuine but altered copy of the Absolute Deed of Sale (Annex “D”) as altered is presently in the records of the Register of Deeds of Cagayan de Oro City and Certified True Blectronic Copy . “thereof is attached and marked as integral part of this complaint as ANNEX “F” while the altered portion thereof is attached as ANNEX “F-1”; 6. That on June 26, 2009, the respondents together with an unidentified employee of the Office of the Register of Deeds (ROD) of Cagayan de Oro City conspired and confederated with each other and illegally transferred the title of the property to the name of VISTA DEL RIO LAND DEVELOPMENT COMPANY. INC., and made it appear that the July 31, 2000 Deed of Absolute Sale (Annex “C”) acknowledged before Notary Public Atty. Ombawa B. Madum was inscribed on the records of the Register of Deeds of Cagayan de Oro City on June 26, 2000 at 9:30 am.\ Criminal Complaint K. Mutilan vs. §dlutilan et al, Page 3 .t200 or béfore the ingtument was made on July 31, 2000. This unidentified employee of the ROD: has taken. advantage of his official position and altered the true date of the inscription of the Deed of Absolute Sale from June 26, 2009 to June 26, 2000. Copy of the corresponding Transfer Certificate of Title No. T- 198968 in the name of Vista Del Rio Land Development Company. Inc., is attached and marked as ANNEX “G”; 7. Im order to cover up her nefarious act, respondent SAPHIA L. MUTILAN filed a “NOTICE OF LIS PENDENS” on July 7, 2010 to the title of the Heirs of Rakim Guindolongan CTC NO. T-598968 and the title of the Vista Del Rio Land Development Company Inc., CTC NO. T- 198968 on the subject property at the Office of Register of Deeds of Cagayan de Oro City claimed therein that the property is part of the Estate of DR. MAHID M. MUTILAN which is under judicial partition at the Shari’a District Court of Marawi City in SP NO. 93-08; 8 That, I attest the truth of the foregoing complaint to prosecute the respohdents forgESTAFA through FALSIFICATION OF PUBLIC DOCUMENTS to prosecute them so they shall answer their criminal liabilities and the damage they done to the Heirs of Dr. Mahid M. Matilan, his Estate, his creditors and the Government for taxes itis entitled to collect; 9. ‘That I reserve my rights to explain the details of this complaint before the proper forum at proper time. IN WITNESS WHEREOF, | have hereunto affixed my signature this 13" day of December 2010 in Cagayan de Oro City, Philippines. SM day) Sak KHADIJA IMAM MUTILAN Affiant-Complainant teers: 4. + SUBSCRIBED AND SWORN to before me this {3th day December 2010 in Cagayan de Ore City, Philippines by the above-named affignt who exhibited their Identification Cards No. SITTIE R. UMPA ASST. CINY PROSECUTOR CAGAYAN DE ORO CITYRepublic of the Philippines SHARIA DISTRICT COURT Fourth Shari'a Judicial District Marawi City In Re: Petition for Judicial Settlement Of the Estate of MAHID MIRAATO ‘MUTILAN with Prayer for Issuance Of Letters of Administration, SHAPIA L. ‘MUTILAN, 4 * Xe- Petitioner. x KNOW ALL MEN BY THESE PRESENTS: SPL. PROC. NO. 93-08 LETTERS OF ADMINISTRATION ‘That by the order dated June 23, 2008, KHADIJA IMAM MUTILAN has been appointed administrator of the entire estate of the deceased DR. MAHID MIRAATUY MUTILAN with ithority to. ssession of all rty of the estate »in any province or provinces/city in which they may be situated and to perform all other acts necessary for their preservation. As administrator, KHADUA IMAM MUTILAN shall, within two’ (2) months __ from the date of this appointment, make and return to the court a true aid ‘complete inventory of the estate of the deceased which has come into her possession oF knowledge, or,to the possession of any person on her behalf, and under a true and just account of her-administration to the court within six (6) months, and at any time required byithe court. j: 4. nwrthess deorses, [EREOF, I sign and seal these presents in Malabang, Lanao del Sur, Philippines, this fh day of June, 2008. care: CN SHDC, MARAWI CITYY > «, e Aa» A-1 Republic of the Philippines SHARD’A DISTRICT COURT Fourth Shari'a Judicial District ' Marawi City : o In Ré: Petition fer Judicial Settlement SPL. PROC. NO. 93-08 of the Estate of MAHID MIRAATO. MUTILAN withi"Prayer for Issuance Of Letters of Administration, SHAPIA L .MUTILAN, Petitioner. =x OATH OF OFFICE In the name of Allah, Most Gracious, Most Merciful. 1, KHADIJA IMAM MUTILAN, having been appointed Administrator of the estate of DR. MAHID MIRAATO MUTILAN do solemnly swear that I will faithfully fulfill the duties of the trust, i t 1. 7 MP UN rio é KHADIJA IMAM MUTILAN : Saduk, Marawi City SUBSCRIBED AND SWORN to before me this 2th day of Jime, 2008 at Hall of Justice, Malabang, Lanao del Sur, affiant exhibiting to me her. Community Tax Certificate No, A-_ 454 2G1O issued at_MARAWI CITT on APRIL 2) 2003 SAD G. BALINI ting Presiding Judge Ae Bénin fopgpevrnyRenygucgy mir yer NT OTT TE 1 r See ae SE 9 540 & Vel. { RBGIONLY OF DEEDS YOR THK... GABAXAN.DE.OKO.CITY. “ke ag wumsmecearint thar certain land stated in the ippines.. pounded ard de ‘A porcen of apa (Log Woy I-A oe the mubdviaton gh Misnc) heedn1539235, be aettot iy Ginc) Fod-isgitsy URC chay Maes, io IaMe).oltearcd cn UreDastl any City of Caguyan de Oro Leland of cibeindedorithe Kay pointe ‘tg of ‘the. gubdivielon plan ont tntanks Toe Sofgabadncu pn the: .cpeinte, 2 0 3 wy Lot, dore-a Fe - Soaicaceaaa-On1deas. yall of Sui awe, Sone: Hirdion Decree in the niime af PAIARAAG,narsted” co Meas Subieida Abduleh Raledms CAMA. aaa rarsied to At state’ ERB HO ee Ge 2 rryguanyen cern eval reer pe 2 aEE hued and. EME fo eat saan i ra acres an pea re aeseribed lands concerned. pmered at. * ene Phiipptnen. on the day of ‘hg Byer mtetcen hundred and = PLE ets er indrod and ty: Artis Pn NAIR Sreaen Bacon. hd ae ekomeem aity “Wear orbeat State: the wivit status, naine of spovse If married, age if » minor, kitizenship and/ residence of te ere acer ats Ss Tetcetly tte Soa Its hereby cotiod that hiss tue elections copy a he document(s) on fle consisting of 4 page. Dave: aaz010 Timo: £:34:270M ‘Requetled By ATTY, GANIE ABLIBACAR, ‘Amount Pais: $6.09 a OR Number: fopodsisaz ©” OR Date - 2010 3m de Oro Cay Reals of ee oto00%22MEMORANDUM OF ENCUMBRANCES (orem necensery une thls pe forthe nll of the techn! description) nd, ners Somerado\Tungoaling, ZENATDA RAKIM BARAMBUNCAR anor ‘Avubokar GC: Barambenean, NOFAIDK RAKIM 7 wero DIA: BAMSEDARACGM CANSANMA, arvied to INCRAKIN JR, married toKHsiriya Be Mascrong, a1 of 10 WSand resident of Baducy Marew! Clo, Beil iprines 2 x 2 oh thence My, 05 dogs O64, 1,50 si. to point 35 6 Bote aT as Se fot i eo dade ogMet, ream: to pose leh ereaer FOUR HINDRED AND POUR’ (404) SQUARE HCTERS: Sefer ec to sreindicated or theple, ant enskcten ty fap the rant by Old Pos cyl. C nos Mone. 15 2:60, Taogs aire, datect ctiginar ctsvey Nove subdivision sorvey wos executed by Péeto RESP R Eh Fae ES Tern ag s bronces continued on Pose 3. (Technteat Description continued om Additional Sheat “¢ 1 ts hereby crt ats te lectoni py ofthe doamant) on contigo pages) ate aczoi9 “one: aaazeM Recueted By: ATI GANIEABLACAR ‘Amount Pit 98.00 ORNember:igoastse? OR Date anya Page 20t4= =. | SRG COMPANY 065 Panggao Saduc, Marawi Clty ot AVIFTE eeu Mens. Tel. No. 520-567 . COPY FRUM Lae ORISHA | << RECEIPTZAGRI iT y Received this 24th day of September,1999 at Marawi City, Philippines from DR. MAHID'M. MUTILAN the sum of fwo Million Pesos (#2,000,000,00), 1 “WBphitippine Currency repeesenting partial payment and as pert of the purchase a rice of our lands most particularly described as follows: 1. A parcel of land situeted at Hayes St., Cagayan de Oro City conta- Aiming q total area of 404 sq, meters and covered by TCT-759899 of the Office of the Register of Deeds of Cagayan de Oro City together with the improvements thereon particularly the six (6). doors apart- ments known os the Pangcoga Restaurant; and 2. A parcel of land situated at Labao St,, City of Iligan containing a total area of 769 sq. muters covered by TCT No, 7-35738 of the Register of Deeds of Iligan City including the building, a three storey known as the Cinerama II, “It 4s our agreement that the consideration of this sale is NWELVE LLION PESOS (712,000,000.00), Philippine Currency and that Dr, Mahid SeMutilan will give two (2) Million Peess every month as much as possible fintdl the full amount is completely paid , and after full payment, we will Wesxecute the avsolute deed of sale of the above-described property with Dr, MP Motilon paying all the expenses of tho trensfer like the capital gaihs Tex, Pmotarial fees,.transfer fees and othgr expenses for the registration, : 7? EH oan ne ey . AS) KAS par, & paw )LONGAN MRS. HADHAH HEDJARA RAKIW GUIN fe adh, | ond with the consent of UTRAR PAN iM DINAKUTA " Pilar rm " Mrs. JAMIRI@pA/ ALONG RAKIM Pn ne . Ae [SIDA oe GANDAMRA "(ds at A ge fy Cty, (BF at Pas’ OF 0. MPH M fs he dtm 4 oo Jilly. ge 9 ary he EDD pppoe TAO f Ze fiche on bate frat de bh ah bom fe] ge filaaberf oh ee Go) Fam of Othe ob tie ane athe Curae H | wn) BOY - kes Sb di ERIE he Sen eeosbgr! Me ben 2 (Oe } Tmlatens of with Ys Cot p aft | CUM its, tele - FD. ftiim a Hrs. Bipmom flepiLad bein ‘7 p- = Che fs ic Mes ei fare Akin ZL aay — des . aE ag fUsppih lL. DprA Peet Mert A Aline Rakin ¢ fl yan Gy LWA Raton TUGAL NG 4 Bir, B SeERA DE HAH 1h, por ans Miles men ! GT = peewee ~ Mopar Dr ThAObRA 4 _ aasinam Tenure Kifen Ble te (Pcp Drs Sirsi0h pam aonyney | Mere Selegtasy Gp Dian A. — SAiaisn00 beefln Jr. “ Pik FHMC P Lipsypors~ Raesee ee Tid Beh i RT EGR. retest oe Hapa) eR a ape RAK usps aise SMALLS. BADAD DA. GrsiDb- btn GPHAQNEA- OM Shs Se/Dprye, Sai ate eaters Chm hu naral wascran = sees‘> dARVA'DISTRICT COGRT ANNEX ‘ob Fourth Shari’a Judicial District Marawiciy "0 qegieteeY eben In re: Petition for Judicial Settlement of “on The Estate of MAHID MIRAATO Pomted - 2 MUTILAN with Prayer for Issuance of Preserve’ at f Oe Letter of Administration. - ‘Spl Proc. No. 93-08 SHAPIAL. MUTILAN, Petitioner. x Tampilong, Saduc, Marawi City July 7, 2008 Mrs. Saphia L. Mutilan Saduc, Marawi City Dear Mrs, Mutilan, ‘The undersigned ALIMA KHADUA IMAM MUTILAN has been appointed as administrator Of the estate of decedent DR. MAHID M. MUTILAN pursuant to the order of the Honorable court dated june 23, 2008, a copy of which is hereto attached for your reference. Pursuant to the order, you are directed to deliver to the undersigned the goods, chattels, money and estate of the decedent which are in your possession. am expecting your compliance and cooperation with this directive within a period of five (5) days from receipt hereof so that the June 23, 2008 Order of the court can be complied with dispatch, Please be guided accordingly. Sincerely yours, I ot Ra) St LIMA KHADUA IMAM MUTILAN: ‘Administrator Copy Furnished: . . “The Shari'ah District Court Pabtbay Marawi City: ‘© Republic of the Philippine: - ° SHARI’A DISTRICT COURT ANNEX D. Fourth Shari'a Judicial District Marawi city In re: Petition for Judicial Settlement of The Estate of MAHID MIRAATO MUTILAN with Prayer for Issuance of Letter of Administration. Spl Proc. No. 93-08 SHAPIA-L. MUTILAN,- Petitioner. Office of the Administrator Tampilong, Saduc, Marawi City July 9, 2008 Engr. Mohammad Mahid L, Mutilan Saduc; Marawi City Dear Engr. Mutitan: Assalam’'u alaykum! “The undersigned ALIMA KHADUA IMAM MUTILAN has been appointed as Administrator of the estate of decedent DR. MAHID M. MUTILAN pursuant to the order of the Honorable Court dated ‘June 23, 2008, a copy of which is hereto attached for your reference. Pursuant to the order, you are directed as Special Administrator to cease in exercising your power as such. Furthermore, you are directed to deliver to the undersigned the following goods, chattels, money, and estate of the decedent which are in your possession in the Philippines and abroad, to wit; L Pui Nature 1. llincome that you Collected from the estate of late Dr. Mahid M. ‘Matilan during your incumbency as special administrator; 2. All copies of original and photo copies of land tittle and other documents during the first Inventory conducted by a committee of ‘lama constituted for the settlement of the estate of Dr. Mahid ‘Muti. W. eaBROAD Nature Location 1. House And Lot Soba Alnaima, Cairo Egypt 2. House And Lot Neat International Airport, Cairo Egypt 3. House And Lot Near Nile river, Cairo Egyet 4. Two2} service vehicles Cairo, Eavet {1am expecting your compliance and cooperation with this directive within a period of five 5) days from receipt hereof so that the June 23, 2008 Order of the court can be complied with dispatch. ° Please be guided accordingly. Sincerely yours, ke Wal AS ASTER KHADUA IMAM MUTILAN AdminstratorSHARIA DISTRICT COURT a2 ae Fourth Sharia’a Judi Narawi 1m re: Petition for Judicial Settlement ». » Of the Estate of MaHiD MIRAATO MUTILAN with prayer for issuance Of Letters of Administration. HD Gy MARAW! CITY August §, 2008 AaEEMA KHADIJA IMANAMUTILAN Administratrix of the Estate of the tate Dr. Mahid M. Mutilan Lilod Saduc, Marawi City Assalaniuataikom, In connection with your by my wife when | was in Cotabato City last August 1, 2008, | wish to inform you that the parcel of land situated at Hayes St... Cagayan de Oro City and Covered by TCT No, T-59899 4s a property owned by the late Dr. Mahid M. Mutilan, The property was sold by the heirs of the late Sultay Rakim Guindolongan to Dr. Mahid M. Mutilan. & dead of sale was duly uted and the certificate of title in the name of the heirs of Suitan Rakin Guindolongan was delivered to him, During the lifetime of Dr. Mutilan, he did not transfer the property to his name. pfact, the real property tax declaration is still in the name of the heirs oft Rakim Guindolongan up to the present. after his death, | was told by vs. Saphia Mutilan that the Certificate of Title of the said property as well as the deed of sale is in her possassion because Dr. Mutilan told her that the property will be owriéd by hie children to her, During the inventory of the defunct Committee of Utama extrajudicially constituted to settie the Fstate, 1 reported to the Committee that the aforementioned property is the property of Dr. Mutilan and that It should be included in the in In fact. sorne of the docurnents relative to the property were retrieved fromm the Office of Dr. Mutilan in your house and now in the possession of the Court The problem was the maintenance over the building. There are two P2, 500,00 vie or a total {2} ernptoy ary of P10,000 per month. Before the aeath of br. Mutilan he was delayed for the months of september, Occader and November 2007, and | was the one personally paying for the’ salaries of the employees up to the in the buitding and they ar JERTIFIED TRUE ERA-ffionth of Janu: 2008 or 2 total amount of P50,000.¢ vhich until now is not paid and/oPsimbursed to me, his death because of the by the Bank, | took the Dr. Mutilan called me the night before Cinerama problem which will be foreclose opportunity to once again reiterate my' tong tirne request and insisted that | should be retieved of the responsibility of overseeing his building, He pleaded to me to continue a little because it will not take atong time, He is finding ways to operate the building. ilan leamed about the probien on the of lana had no money at When Mrs. Saphia maintenance and since the defunct Corernitt that time, she voluntered to pay the month of February 2008, The payment was subsequently continued up to the present by Mohammad Mutilan who was the Extrajudicial Special Administrator of the Estate as aopointed by the majority of the heirs and later appointed as Special Administrator of the Estate by the Honorable Shariah Court. Another problem is that the property has an outstanding real property tax balance of more than P-200,000.00 as of the year 2007 and a balance on the sprinkler systern of about 350,000.00 which 1 still have to check because | lost the contract and the establishment transferred to Cebu City. This balance will be paid upon the occupation and operation of the building. 1 helped Dr. Mutilan in his construction. 1 provided the Management including err the materials and the laborers and | did the work efficiently, effectively and with ail honesty. | it as it is more than mine. And | was ‘not getting any salary and/or remuneration from him. | relied on his promise to take care of me when the project is completed and in operation. | am therefore requesting you to include in the inventory of the estate she-aforementionad proparty and to secure an order frorn the Court that the ownership and title of the property be transferred to the Heirs of the late"De? Mahid M. Mutilan or to whomsoever the Honorable Court may adjudge as the exclusive owner of the property. Thank you and | hope | have enlightened you on tha nuatter. Vary truly yours, > ATTY. ABUBKRAR C/BARAMBANGAN Copy furnished: ‘The Presiding Judge w.casqet > TRIE KERIX Shariah District Court (CERT sag ORIGINAL Marawi.City cory, Eng’r. Mohamad Mutilan Lilod Saduc, Marawi City ‘Mrs. Saphia Mutilan Lilod Saduc, Marawi City ———“ ‘ABSOLUTE DEED OF SALE KNOW ALL MSU BY THESE PRESENTS: WB, HADIAH HEDJARAM RAZIM CUINDOLONGAN PANARAAG (maried to Mrs, Alda Guinar Ponarasg), RAKIM (married to Mire. Subaida Abdullah Rakim), CAsAK aAKIn fl @ He ere fea Noraine Yandao Rakim), SARAH RAKIM OIMAKUTA, | warihed to Attys Mustapha G, Dimakuce), SMG*R, AREW RAKIM | married to Mro, Jamirizea Adiong Hain}, SORAIDA NALS ~~ PUNGCALING (married to Eng Somerado Tingcaling), S2hAIDA RAKIM BARAMBANGAN. (marricd Sys ADULAKEC C, baLambangan), TORAIDA RARIN TAWANO (mareied to Sig's. Sauaudiin Tawar), DRA, SAMSIDA RAKIM GANDAMRA-(married to Mr. Sukarno Gandamre), eR SANSUDDIK RAKIM JR, (aerried to Mrs, Khatrlya Nesovons Hakim), all of legal ages, filipinos and residents of 3 whasawi City, Philippines, sa. in favor of: VISE OB, RIO Lit» Gey Sepkvet fot ostabiisaed in accurgaice with Vas2igpines Aisrens at S7-i, Jason 1 wiahity Uppr fal = Femegeuted by Hite TOWIO Pe CASTE, Pro fie Tyouoaser of tp comyany and eerafuadter Ant! por xx6 in cousider )) Pailippine Currency to ue in hand paid sak, Metre, bi CONT, aboolt COMFART, TPeapT torether With the ee erat cetroe oat ia0 havo tina staid ree that certain pocovt of Land Ree agaLene th cevenenve thereon, wore pareiculor bateines fotows, te watt rig avn "A parcel of Land (Lot Ho, des of the ot abn (uic}Psde151912, being a poxsion © ie paid 1304963, Lee Cad. Rea. Noe t tn'che Dive, of Gogon, City of Cagayan dé Ore, in the Peenindanaes founded on tne i, points’ ¢ to 2 deMgt GbNof the oubasviaion plan; ah toe Bey pointe L tore by Lot 2079~baG~ 22 O0n12 oh’ ene posnee nue 2 to 4 by Lot, 2079 ~o-0akP=0n 4 Deal? {idad bot); on the W., pointes to 4 by Lex 2079~ Metearoctbae2 (ixioting Koad), abl of DR? Ped 352465 eppining at 2 point masked "2" on a plas Pees 32h 2 970.42 ne fron BBY NO. 4, being S. 1 Gagayan Oadeptre; thence 2, 5 dek. L3'W. ois tne 'te point 2; thence N, 85 deg. O6"¥,, 14.50m- 45 point 3: thence X, 4 deg, 39'E., 21569 4. to n to poime 4; thence S, 65 deg, 39'2., 14.68 Poin of bestningy containing a Area of Fox y~ ftonbReD AND FOUR (404) SQUARE METERS mane or} Mode, of which axe the registered owner in tee, / dinple’in'accortence wen the. band Registratie Kate out title being evidenced by Tranafer ¢ Hokte of Title Ko. 159899 ‘saved by the Pe Si°beeas of Cageyan 3 Oro ity". IN WIMIEGS VHEREO?, le have herevnto affixed our aignatures thie See day of July, 2000 at saan WEE Rls with my marizel consent MRS. & HADI ny owas, dUbarna Re meontinue to pate 2 -‘Gar NO. DATE OF CAR ocy Ter iN. TYPE LOCATION AREA eewviey SELLING PRICE TAX TYPE, AMOUNT PAID Git NO. DATE PAID. INFORMATION REQUIRED AS PER'SEC 4 OF KI24:2008 ‘ONETT ~ NOEL B. GoNdAL):s. ic: REYANUE LISTHfC/ OFFICER fr: 133-9009fi fran Tag) BARAMBAKGAN sor RR Sian . aay : on pag, AMSIOA SARIN Ganpanna ath, SUKARNO CANDOR ON cre on. " Ag Qe REPUBLIC OF THE PHILTEPINES. orgy OF MAR AY Io DRFORE MB, this stat day of July,2000 at 1 Fhilippines, personally appeared the following: Hume, Res, Cort, No, date and place tucues Had jan Hedsarah Rakim Guindoloncan OY 3¢ 74/0 Jouana Panaraeg olin oias + Aida Guinar Panarang ele] 7. { Pateal Rakin ers See os naan OOGU9/99 fof 2am, sae a Gener Rao SEG GIS ES Be Mie (eee ee GENES Saad feu Sarah Rakin Dinacuce omyeduay “* puftfum rte Ey Mataoha ye Blatt Aaa “nae woes a ate, Aner Rakcla Sie Yr, Bien § Jamirizea Adiong Rakin appa — SAP acs Bhgan oul Soraida Rakin ‘tingoaling S/S Zyo— Maipee cop en. 13. Bus'e, ‘sonerado fungealing 15007 ~ he ias a 14, Zenaida Rakim Barambangan 0 15; Atty, Abubakar 0, Baranbangan OFPOEgSY elem how! Sen aR 1é. Novsidu Rakis Tawano ted nnd LTL mg'r, Sanauddin Pavano hes Yam 18) Dra, Ssunida Rakin Panconre Te woah Ey 15] Sukaene Candnaen Jetpenat. — 2fiafine “maari cry 20. Sanoudain Ruin Jr. oa) ezer® Yuji Prana ch 21. Khairiya Masorong Rakin ou deta F MiP Vt Marae y Or known to ne to be the same persona who executed the foregoing sbsolute deed of aale consisting of thucpages and signed by ‘the above nated persons and they acknowledged to me that the sane is their free and voluntary act and deod. WITRESS UY HAND AND SEAT pace above written, - a te poe. Xo. LIS3 Brad. 422 oF. : PORNO ESS Sears pomB| i - tis hero cet that hiss a tue electronic conv ofthe documents) on fle consstina of &pacelsh. ey onere Se “ WEORMATIENRIEQURED AS Pe AC 4 fad Sate Or can ecrrer fona we a“ LOOATION BREA Pavey. Seto Ba sen, micurn Pao Gieno Date Pao Nos Sb. Oic-ReygNUE OIStKier OFFICER In: 531-808.424 Its herby cote that his sa tue electronic copy of the document(s) on fle consisting of 4 pagel.REPUDLICOF TH anh Registration e QUEZON Sime T. REGISTRY OF DEEDS For THE... AOAFAN DE ORO orry, @ransfer Certificate of Title r-190960 Ronee. : ae _.Sttatot’ Coven ae 1 MEER COMER, Chetan td a i elbgan Wo BREST BE Tad CHE NEE Re CEE ea (unc) "pwts181912-" wing a poction ge tne ads ince: nolaSea) situated ah boon city of Saguyon de Oro Yaland of Miptahas’ Reundedron the Ren’ poeta e fol by Lot dea of the subdivigionplan ek’he fr. poinee't ce Pree he Sot polates te 3 ay Lot 207S-p2erag-o-dgwei2 (Road, weir OA LENe TT poles 2 Fe Why toe 20798 a eo 2s-O- 1a An ge Stig Pacey, 4g rexhneredin accordance with the provisions ofthe Propity *Regituation Devrce in she name) s™ Vx8HA" DEL’ ATO LAND DEVELOPMENT SoMPaNy. INCh a Cou and emtabiiuned with Philippine Ls wath’ peuncay. Ravier Heights, Upper Balulang,,cagavanide ore icy, fz owner therein foe simple, subject@ tuch of the encumbgances memined In Section 44 of 22M PERSE LOBE OR ECER afro 14 ot. dye mnss ut court tec a parted ey een eae Ce et sel gi” st ‘rseun ts Decroe, Na beS28 ne as Original CertOMbQY. Tite We enced in ec ere i = ‘This eeriVcate is a tran rom* ea Eevee of Tate Na BEBORS sconce yp irae hee as te ave deserve lands concerned kmernd an __, ThCaty ol Cagayan deOre: Prins, on te? Ey of NY inatMghfty tne thowiond and NBR. soll een Rem Eat cr ey BoA TY ssiate the civil gtatus, name of spouse if marred, age if 2 minor, citizenship. and resience of the istered owner. If the owner is a married woman, sate also the chirchohip. of ee Masta, We the his Feistered in the name af the conjugal partners, sate the citizceahip of bath spouses tis hereby cfiniied nat his sa irue electionc copy ofthe documents) on fe consisting of 4 page(s) Date: gazo1a Time: £:36:490M Requested By ATTY. GANIE ABLBACAR ‘Amount Paid 98.00 (SS VANS OR Number: 1op0461357 . . OR Date U2010 FICER, Cagayan de Ora Cy Registy of Page tof eese : zoiocone22MEMORANDUM OF-ENCUMBRANCES ihe necenary ue this pag (or ie continua of the techn 3/6? cha” ped-132463. Beginning at a point marked “2¥,on plan being Bs deg. S2/w.. 870.42 ms feom BoM vo. A Cagayan nant thence 8. $ deg. 13/ w., 27.04 m. to point 2; thence. 65 dea. 06".W., 14780 m. to poant 4) thence N. 4 deg! 59’ /E., 27.69 m. to point 4; Sl BS deg. 39° EL, lalez ms te the point oF taining an area of FOUR HUNDRED FoGR(d04)” couARE METERS Aull" poantal seterced to ‘are samiescedapn dlr pian, fon the-yround as. follows points dcby Pa any he veaup by o: fyi." oonc. mone. 15 x G0 cm, bearings edfiys, vec Vajatsonewueg.4a-ee. ate “oF original auvey "nov. 1329-90 bsa92 URARMBN Se oe ts febdtvinion autvey wae enecuted. by Cetaiae, Seodette Ena. ees 27, i972 aa, iG Bangpiner aeatanses i at ‘aUCEI VED, Uren a7" ge ese Amgeeree : ene te a Encumbrances contined on Page (Thehaticat Description continued en Additional Siccl is horeby cated tat this a true electronic copy ofthe documents) on fle consiting of 4 page) Date: 32010 ‘Te: LRASPM Requested By: ATTY. GANIE ABUBACAR, ‘Amount Paid 8.00 ‘OR Number: 1900481287 «+ OR Date: 142010 Page 20t4Sle (Cautinuation of the Memorandum of Encumbrances from Puc Bntsy Yo. 2921 v1.62 p.132 - SBCRETARY’s CKRTTEICATE wcecuted hy MRAM PUL EB ig. avaiuo Sau, Corporate secretary ce YEeEn EL Rae DBVELOPMENT COMPANY, Entre certifies ‘chat ar Of che Boned held Gn dune’ 20 S010; wnere) ehcle Fenolved that the corporation be authorised Von Mand oeaced in teaneeee nertsficate cf Tivie Wee tae ame Gt Vines Oe1 Rio development “comsny the. faba tae es Yioue the aces converted sayen ecies of “Cove stump peett Emponie! As” agucy.onee ot “inaccumenr “gnne SF gto: Inseriprion - “june Te. 2010 at anes0 wom s : a 9 ogy OB rr. Kine, religabs Cus benes ty _ [site ho.-2523 vol. 62 p. 192 ~ nead cfllie retin cecentos BY pat. nro LAND’ DiveLonwaar count 6 Uh Prats Me Osta an fore Ot PRISBAN'R. URGRPASIB. Suey Siete’ soctinelariy ascribed Tobo7ze1 heen Lasucgehne ye ee enon, onan 4 YASMIN. EATAEAN RS ASTR ani fur whieh This certificere of citie igahereny djkeruuen. isc. vs. Tsay S47 Boek Me. 243; se we mulary public mbey| Macod1 -M. Agus) page i nane 210. Bate off water 3. Catala CSS y « (Continued on Pase Its hereby certified that this tatu elctronic copy ofthe document) on fle consisting of 4 pages) Dat: srvzai0 Time: 1:36:496M ‘Requested By : ATTY, GANIE ABUBACAR ‘Amount Ped 8.00 OR Number: 1ogo4siNs7 OR Date - 112010 Page 3 ot a4\ ae eet) Pe Mla Madi Republic ofthe Philippines) Cagayan de Oro City )ss. JOINT AFFIDAVIT-COMPLAINT We, KHADIJA IMAM MUTILAN, of legal age, widowed, Administrator of the entire Estate of DR. MAHID M. MUTILAN (Appointment is attached as ANNEXES “A” and “A-1”) and resident of Barangay Lilod-Saduc, Marawi City, ADNAN M. DIMAPORO, of legal age, married and resident of 152 Barangay Matampay, Marawi City, SAIFODEN D. SANGGOYOD, of legal age, married, resident of Block 22, Lot 62, Vamenta subdivision, Barra, Opol, Misamis Oriental and HADJI NOR D. BASSER, of legal age, married and a resident of Barangay Maindig, Binidayan, Lanao del Sur, after being duly sworn to an oath in accordance with law, hereby depose and state: 1, That we are respectfully filing criminal complaint of ESTAFA THROUGH MULTIPLE COUNTS OF FALSIFICATION OF PUBLIC DOCUMENTS against the following persons whose respective addresses are enumerated below: 1.1, SAPHIA L, MUTILAN, [All at Block 4, Lot 2, RER] 1.2, MOHAMMAD M. MUTILAN, JR. Phase 1, Subdivision, 13. $AUDA A. MUTILAN, Kauswagen Highway, 1.4. MONAWERA MIRAATO ABUBACAR Cagayan de Oro City 1.5. MA. HELENNA R. CHU, c/o Gazzpachoo's Restaurant, Quezon Avenue Extension, lligan City << 1.6. ENGR. JAMAEL R. MACARAMBON, All at 7 St, Barangay 1.7, YASMIN FAYZZAH R. MACAPASIR, Nazareth, Cagayan de 18. DR. SANDOR R. MACAPASIR, Ore City 1.9. ATTY. ABEDIN P. MACAPASIR, and . 110, ATTY. MACODIM. AGUS, Divisoria, Cagayan de Oro City 1.11. JOHN DOE Employee, Office of the Register of Deeds, Cagayan de Oro City for conspiring and confederating with each other in defrauding the Estate of Late DR. MAHID M. MUTILAN, his creditors and the Government for taxes through falsifying a Deed of Absolute Sale of the commercial lot in Cagayan de Oro City covered by Transfer Certificate of Title No. T-59899 and Transfer Certificate of Title No. T- 198968, and part of the Estate of Dr. MUTILAN which is under judicial partition at the SHARI’A DISTRICT COURT, Marawi City in SP NO. 93-08. 2. That, copies of the genuine but tampered Absolute Deed of Sale in favor of DR. MAHID'M. MUTILAN acknowledged before Atty. Ombawa M. Madum, Transfer Certificate of Title No. T-59899 in the name of the Heirs of SULTAN RAKIM * GUINDOLONGAN, three (3) Receipt/Agreements dated September 24, 1999, October 28, 1999 and December 9, 1999, confirmatory letter of ATTY. ABUBAKAR C. BARAMBANGAN dated August 5, 2008 and Transfer Certificate of Title No. T-Bebnan yy Mirmaperreg aa > 4 2" Criminal Complaint: K. Mutilan vs. Saphia Mutilan et.als., Page 2 198968 in the name of Vista Del Rio Land Development Company, Inc., are attached as "ANNEXES “B”, “C” “D? to “D-2”, “E” and “F”; 3, That on June 7, 2010 respondents conspired and confederated with each other and executed a DEED OF ABSOLUTE SALE purportedly executed by Mr. DENNIS M. OSIA and MR. RODOLFO M. TAN as corporate president and corporate treasurer of Vista Del Rio Land Development Company Inc., who sold and transferred (Transfer Certificate of Title No. T- 198968) the parcel of land to respondents ENGR. JAMAEL R. MACARAMBON and YASMIN FAYZZAH R. MACAPASIR when said ‘SIA and TAN were not in fact the corporate president and corporate treasurer of said corporation who executed the Deed of Absolute Sale in favor of respondents MACARAMBON and MACAPASIR. Copy of the said Deed of Absolute Sale is attached as ANNEX “G”; 4, That respondents conspiring and confederating with each other and illegally and unlawfully signed as witnesses to the Deed of Absolute Sale where Mr. RODOLFO M. TAN is written as one of the sellers when in fact MR. RODOLFO M. TAN did not sign the Deed of Sale because he died four years ago on 2006 when respondents imitated the signature of MR. TAN in the Deed of Absolute Sale on June 7, 2010 in the Office of Notary Public MACODI M. AGUS; 5, That the respondents committing the aforesaid illegal acts have caused prejudice and damage to the Estate of DR. MAHIDM. MUTILAN, his creditors and the Government for taxes to the amount of not less than SIX MILLION (P6,000,000.00) PESOS as originally paid by DR. MUTILAN to the Heirs of GUINDOLONGAN; 6. That, respondents imitated the signatures of OSIA and TAN and affixed them to the Deed of Absolute Sale they have fabricated when in fact OSIA and TAN did not signed the Deed of Sale. Respondents ENGR. MACARAMBON and MACAPASIR signed the said Deed of Absolute Sale as “Party of the Second Part” when respondents SAPHIA MUTILAN, MOHAMMAD MUTILAN, JR., (Using his third signature) MA. HELENNA R. CHU, DR. SANDOR R. MACAPASIR and ATTY. ABEDIN P. MACAPASIR signed as witnesses in the fabricated Deed of Absolute Sale. Respondents SAUDA MUTILAN and MONAWERA ABUBACAR assisted and insisted them in impersonating OSIA and TAN (deceased) in the Office of Notary Public respondent MACODI M. AGUS whom the instrument was acknowledged. Certified Electronic Copy of the said Deed of Absolute Sale in favor of ENGR. MACARAMBON et al, is attached and marked as ANNEX “@’ above; 7. “Then, ‘on June 16, 2010, respondents went to the Register of Deeds of Cagayan de Oro City and further illegally transferred the title of Vista Del Rio Land Development Company Inc., to the names of respondents ENGR. JAMAEL R MACARAMBON and YASMIN FAYZZAH R. MACAPASIR. Copy of the corresponding Transfer Certificate of Title No. T-207281 is attached and marked as ANNEX “Fi;2 Criminal Complaint: K. Mutilan vs. Saphia Mutilan et.als., Page 3 8. Inorder to cover up her illegal act, respondent SAPHIA L, MUTILAN filed a “NOTICE OF LIS PENDENS” on July 7, 2010 to the title of the Heirs of Rakim Guindolongan CTC NO, T-598968 and the title of fictitious Vista Del Rio Land Development Company Inc., CTC NO. T- 198968 on the subject property at the Office of Register of Deeds of Cagayan de Oro City and claimed therein that the property is part of the Estate of DR. MAHID M, MUTILAN under judicial partition at the Shari'a District Court of Marawi City in SP NO. 93-08; 9, That, in order to cover up further the crimes they committed, respondents MOHAMMAD MUTILAN, JR., SAPHIA MUTILAN and SAUDA MUTILAN feigned and filed on August 20, 2010 a criminal complaint against MR. DENNIS M. OSIA, RODOLFO M. TAN, ENGR. JAMAEL R. MACARAMBON, YASMIN FAIZZAH R. MACAPASIR, DR. SANDOR R. MACAPASIR, ATTY. ABEDIN P. MACAPASIR, ATTY. BONAFEBE D. LEYSON, BUENAVENTURA B. UDANG and MACODI M. AGUS in the Office of the City Prosecutor of Cagayan de Oro City docketed as NPS NO. X-06-INV-010-H-1686 claiming therein that the very land covered by both TCT No. T- 59899 and TCT No, T- 198968 is belonging to the Estate of DR. MAHID M. MUTILAN. Copy of the said Affidavit-Complaint is attached as ANNEX “J”; 10, That, we attest the truth of the statements in the foregoing complaint and will explain its detail before the proper forum at proper time, IN WITNESS WHEREOF, we have hereunto affixed our signatures this I* day of December 2010 in Cagayan de Oro City, Philippines. SoM UN ava [daa tn: KHADIJA IMAM MUTILAN ADNAN M. DIMAPORO iant-Complainant Affiant-Complainant ‘D. SANGGOYOD I NOK D. BASSER A tiant-Complainant _/Affiant-Complainant SUBSCRIBED AND SWORN to before me this th day December 2010 in Cagayan de Oro City, Philippines by the above-named affiants who exhibited their Identification Cards Nos. $4 1025318, and SITTIE MPA ASST. CHYY PROSECUTOR CAGAYAN DE ORO CITYRepublic of the Philippines SHARPA DISTRICT COURT Fourth Shari'a Judicial District Marawi City In Re: Petition for Judicial Settlement SPL. PROC. NO. 93-08 Of the Estate of MAHID MIRAATO MUTILAN with Prayer for Issuance LETTERS OF ADMINISTRATION Of Letters of Administrs SHAPIA L. MUTILAN, Petitioner. xe as KNOW ALL MEN BY THESE PRESENTS; . ‘That by the order dated June 23, 2008, KHADMAUMAMCMUTILAN has been appointed administrator of the entire estate. of the deceased DR. MAHID. MIRAATU MUTILAN with fulk authority to. take possession: of all. property-of the estate.-in any province or provinces/city in which they may be situated and to perform all other acts necessary for their preservation, As administrator, KHADIJA IMAM.MUTILAN shall, within two. (2), months from the date of this appointment, make and return to the court a true afd complete ~~ inventory of the estate of the deceased which has come into her possession or knowledge, or to the possession of any person on her behalf, and under a true and just account of her administration to the court within six (6) months, and at any time required by the court. IN WITNESS WHEREOF, | sign and seal these presents in’ Malabang, Eanao del Sur, Philippines, this f4h day of June, 2008. ?vm. CA Pome Aue» A-1” Republic of the Philippines L SHARIA DISTRICT COURT ? Fourth Shari'a Judicial District : Marawi City _ In Re: Petition for Judicial Settlement SPL. PROC. NO. 93-08 of the Estate of MAHID MIRAATO MUTILAN with Prayer for Issuance | Of Letters of Administration, SHAPIA L .MUTILAN, : Petitioner. x x CATH OF OFFICE In the name of Allah, Most Gracious, Most Merciful, I, KHADUJA IMAM MUTILAN, having been appointed Administrator of the estate of DR. MAHID MIRAATO MUTILAN do solemnly swear that Iwill faithfully fulfill the duties of the trust. SUBSCRIBED AND SWORN to before me this 2th day of June, 2008 at Hall of Justice, Malabang, Lanao de! Sur, affiant exhibiting to me her Community Tax Certificate No. A-_ 21.54 2610 issued at_MARAwt c(TY on ! APRIL 2, 2009NOW ALL MEN BY THESE PRESENTS: FAH HEDSARAW RAKIM CULNDOLONSAN DIA a Mrs. Aida Guanes Panerani)y FAISAL BAMARMG ened to tro, Subaida xodutia® san), GAMAR SAKIC ‘married to Mrs. ‘Noraine Pandso akin), SARAH RARLM DIMAKUTA y wareied to Atty. Mustapha b Sunekutay, EMGRe AMER RAKIN married to Mire. Je nirisze Adiong Rakim), FRATDA RARL PUNGCALING {warxied-Vo Sx, Somerado imgoaling)» ‘BERAL TENCE MEM uatoaW-Caaexsce Atty. $DUDREEE ‘Ge Bakandé yadin Tawane)y Rokatng naan tAWARO (iereseg- og Eon DRA« SAMSIDA RAI GA oye ted to. Ree suxarne Gandara), Daas SAMSED RARETH TRe/(nmexiea, to Tre, Ehateeye ee sadu fakin, ali of Leger ages, 211405009, 5 Beatdente of Sadicy aki be yg Philippines » ang in tarps oft TET, Tx Hs Bmp Joo wish Pallspphcas WE, PaRanaG @ cits Ines & company Dinad end agtatlished St oe nt ST-2, Savion B ob eh DeONIO Fy ANaeEx 6-1” i Geoigne that certain, per aitnes and. imprevenents *ereor, pnibed aa Lollows, to witt wa ponger of Lend (et Hor SA. 68 £6 stbdtviston pes Ghodpearisist2, being a portion Of Lott pian, (URC) pe ties, tad Gnd. Rec 30-1562) gituatet ERC Paw PHP Sogon, Clty of Cagayan Ae Oee7 45 the DePhodanany Bounded on the Mo» poinee to 2 Toland of MoE ene Subsavsnion pans coe Bee Sy EES TEE ty toe COrsBean zea Bae ene Ot Toe DOTS BeGmBz-C—t alin 12 {idol othe gp tee 7 heince 5 to. 4 By Let 2079- Gad Sot}s 08 Caristing Rowd),, alt of ERO Pat T2463 Dogpining 855 25% exred "a" on a phan tee ete eg, Seta 9100k2 De 9%, BEE No, 4+ being SoU eke merce 2 9 2e8s t ame wmego pont ay shence Bs 2e “50m, 1B, hogke 35 thence Me 4 degic528' Be Sosbe ay thence S« 65 dee 29%, Laced m to Rotnt oF bestsnanis copcatn i Se nkS “of FOUR] Bein OF RO ROR CON SQUARE NEFERS ort HUNDRED AND Ep axe the Felsberg ot ot don single in #000) ‘Yend Registration 1 raance with the. wipe ch tetle being, evidenced DY Prenster Certi~ AeSate of Bitze Ho. 7-99099 temuee by the Regicter ro CStY Of Deeds of Cagayan de ym yinwsss WHEREOR, We have NeEsenks affixed our pignatares his Stet say of Suby, 2990 Be Marawt City, supetees a, susan womouni EA oaics fq with my marital consent 6 MRS. He afdsi agent woontinue to page 2~ +OIC REVENUE DISTROZOFPIGER: Sr 138NOEL. cofza)es o WUE DISTRICT OFFICER IN: 139-808.42 y 2 mo tag eecnimet A“ORENCUMBRANOSS sina a i ett ep) Ficibitbircsices combined in: Page | escripion continued om Adattonal Sie electrons copy of tha document) on fe consisting of 4 page eis noveby cet that i ‘Requestee By : ATX ‘oat; gevz010 me: 2aa7eM ‘Amount Paid: 95509 OnNumber: joggustas - OR Date 12019 {SROs UOANG BeBe cen, Capayen ce Ore Ca) Reais of ‘Deeds omens aovoontezRp 8 ‘(intonation of the Momeanduon of Pucumbrances from Pose corgi 8629 v.59 p96 ~ Daud’ of Rbsorute Sole exncitadshy EADIM MEDIN Pee SSacnw“CUEMSGeeNGAN. osdsn) JosEaA ERIAFANGO oa na Soenar anges Tae ane ened teas, uae netstat RUM caren secre Gatried ee Mess orsine ‘Panda Bian (eercied “te -Atty-Mustapha be Ounakuea) murriea’ ‘fo Mec, danivistaMitong akin)» s0RAE BEEEEICG to ‘UoghesSecucnao “mungcalingy | ZEXRIDA. Gazsicon$e Rely ghia ot "aevantriaiys oe iaaeesea ‘Bansuddin aware)» Gaeeted Whatetye “Manocong Rakin) (vendors) , Senean Ue Citte and” nore paretovade subvivinion plan (inc)" spentsabie, “Bean af Boge hundead fowe (404). “BEING talon’ Oniy. cehn2 000,008 Sto," TReANUDGD. ew bon Lanuss dn Mevesureien ccleaner tes ang tor wh Rucehy"enteenmen. (ope mee Ba0b or notary name Tey da Ae ibe Mave of taeecipt tone sy “Beisktes’ feo. pneey ne 8023" fog Clearance 2 Bneey No. 8623 Tay Geclaeation -eneeyjes SHa3~ soeegine: rate Eneey Wow 0623-5 Seria2 juaber 00208462 a} dfevehue Dieseice Nos RR Sfovanue bastrict officer? Jaren Bold’ seorsnaza, ale # tis hereby cote that hiss ru alectreni copy af the document) on fle consisting of 4 page) ae: srzonn ee Time: 13a 272Mt ‘Requesed By ATTY. GANIE ABLISAGAR ‘Amount Pais: 28.00 ORNumber: 1on0s51357 «OR Date LZONO Page sofa“ESTERS. PALALA, REVENE H|STRICT OFFICER upbrrosses Iti hereby cated that his ea tue laconic copy of the documents) on fi consisting of € page(s) Date: syi92010 Time: 1007:28AM ‘Requested By : ATTY. GANIE ABUBACAR ‘Amount Paid: 60.09 COR Number: 1991073495 OR Date; 11/972010 a2 |Tek ae ed Vine Del ig Land Bowisiment Company Inc? \ =~ ar bc =e cues -Cagevan 2 1 Oy. PIPER “Tek, & Fax No. (08822) 729 TOO, Po. KNOW ALL MEN BY THESE PRESENTS ‘This CONTRACT OF SALE mede-and executed in the City of Cagayan de Oro by snd between: VISTA DEL RIO. LAND DEVELOPMENT COMPANY, toe. a company duly organized and established in fuceocdance with Philippines laws with Prineipal address 2 Lot 29, & ‘Bik 28 ~ RER2, Carmien, Cagayan de Oro City, herein represented 3 by Ms, DENNIS M. OSTA President nd Mr. RODOLFO M. TAN, “Treasuer of the eoimpaay and heceinaftr known as the PARTY OF THE FIRST PART. ~ And in favor of ~ ENGR. JAMAEL R, MACARAMBON and YASMIN FAIZZAH R, MACAPASIR, of legal age, both single, Filipinos saad tesident of 7 St, Barangay Nucareth, Cagayan de Oro City. ‘nd hereinafter known as the PARTY OF THESECOND PART. WITNESSETH F “THAT for and in consideration of the sum of Eight Hundred Seventy: Six Thousand Pesos Z {Ptip876,000.00) in Philippine Currency ia hand paid in-cash by the PARTY OF THE SECOND & ‘PART to the PARTY OF THE FIRST PART, the PARTY OF THE FIRST PART hereby sells, ‘ausfers and convey unto said PARTY OF THE SECOND FART. the following desenbed ‘parcel of land. INCLUDING ALL THE IMPROVEMENT EXISTING THEREON. Transfer cerificate of ile no. T~ 198968.” ‘A PARCEL OF LAND (Lot No. 4-Ay6f subdivision plan ‘{(LRC) Psd-181912, being a portion of Lot 4, (LRC) Psd-152463, ERC Cad. Record No, 1562) situated in the Distrigt of Cogon, City \ of Cagayan de Or, Island of Mindanao, Bounded on the Ni'points 4 to 1 by Lot 448 of the subdivision plan on the, points t 10 2 by Lot 2079-1-2-C-220- = F2cH13: on the S., points 2 t0°3 by Lot 2079-B-2-C-2260-1 (Road Lor}; on the W., points 3 40 4 by Lot 2079-B-2-C.22.0-12- 12 Existing Road), all of LRC Psd-132463. Beginning at a point iesked “I” on the plan being S. {5 deg. 32°W., 97042m, from BBM No. 4, Cagayan Cadastre; Thence S. 5 deg. 13°W., 27.84 m, } te point 2; Thenice N.8S dog. O6"W., 14.50 m. 16 point 3; "Thence Nf dog $0°E., 27.69 m, to. point 4; Thence S. 85 dep. 39°E., 14,62 m. 0 poist of beginning; coniaining an arca of FOUR HUNDRED AND FOUR (404) SQUARE METER more or less, INCLUDING ALL THE IMPROVEMENT EXISTING ‘THEREON, a {tis hereby cote that hiss a true electronic copy ofthe document(s) on fle cénsisting of 6 pagel). Date 1171972010 “Time: 1007.20 Requostod By : ATTY. GANIE ABUBACAR“The PARTY OF THE FARST PART hereby warrants this ttle over the property with full right.to dispose of the same and the same is not tenanted, Teased nor ‘encumbered to any pekson or gntity whulsoever, pove mentioned IN WITNESS WHEREOF, the said parties herein have hereunto set tevr lands this 7" day of Jung 2010 at Cagayan de Oro City VISTA DEL RIO LAND DEVELOPMENT CORPORATION Party of the Fisst Part Represented by: M JA / d esid 4 iN FAIZZAM NIA Party of the Second Part Party of the Second Pact SIGNED IN THE PRESENCE OF MA (ie RCT ~SApAig) L MUTICAN : eo De: Ss Be nAcarasin, mroeinipre me Creed ee : ATTY: WA) fe macapasls | 4 sie on le consti af 6 oanetIts heceby cated tat his sa tue electronic copy of the documents) on file consisting of 6 page(s) Date 111812010 Time: 1007:288M Requested By : ATTY. GANIE ABLBACAR ‘Amount Paid: 60.00 ORNumber: 1001020496 OR Date : 187010 ee —- 1% ACkNOWLEDEMENT Repivblio.of the Phitippinas) City of Cagayan de ‘Ore....)8.8; ose Matebegeeee day of Jame rssucd BEFORE MIS, & Notary Public for ant in Cagayan de Ore City on this 7 on OY Petsanall appeared and Mr DENNIS te Casco CTC Nor a on it and MR. RODOLFO M TAR with cre No 28517530. issiod.on Mae 4 50 a at a bain repecantiog Vista Bet Rig Lund Develapmccy Conan, as President and Treasurer NCTC No, 236/269) on ately and ENGR. JAMAEL R. MACAR SMM 2 6 on ve at Cagayan de O10 and YASMIN FALL z © Sxecuted the (ea EE- ZOU st Capayan de Oro, Alt nos ak ie the same ledged to me that the sume 1s then Damn fice wg Sateued the foregoing tasirument ard sesso own feee and voluntazy act and dees ais AstTUMED Consists oF thee (3) pages including this paye where % panos edement is written pertains to deed of cn oF a parcel of land, is duly signe Panties and their instrumental witnesses in eneh oa every paue and sealed by my note WHNESS MY HAND AND SEAL this 7 day of ano 2010 at Cagayan de Gro City a MACGDI a. acus KU ™ Notary — Sinica ko Sons ae : EN a : ; ede Seat chy tne mere ae Cie int in 598 : 2098 a * og sea, Bn le consisting of 6 pege(s). re cpetoe crm) oe Hoya Ins hereby cated that hiss tv eltonINFORMATION REQUIRED AS PER SEC. 4 OF RRS CAR NO. BATEOF CAR gomosgo7 6.41,2010. ocurct TNO. i {tis hereby cotfed that hii a true electronic copy ofthe document(s) on fle consisting of 6 pages). Date: 1119/2010 ‘Time: $007.208M Requested By ATTY, GAME ABUBAGAR ‘Amount Paid: 62.00 ‘ORNumber: 1001028489 OR Date 41872010 24REPUBLIC OF THE PHILIPPINES 9920768 ‘DEPARTMENT OF JUSTICE Bund Registration Authority oT Quezon cry _ GAGATAN, DE. .ORQ..GEEY... REGISTRY OF DEEDS FOR SHI Gransfer Certificate of Title ‘7-207281 No. city of cagayan de ts genes, cour, sat certain land sleoted inthe wan ve _D SS este as ‘ned and deseribed as alo: TT ASBARGBE-OFLNND (Lot Mo.’ AHR Of The shbaivision'!plan (LRC) aed SNE RRing a poction of Lor A, (URC) Pad 132862, Le Oo Reece Dad 10102 gtmuawed”in he Dist. of cogon, City of Coast de oro fod 1862) Oityanao, Bounded on che Na, podnee # fo 2 Oy, ot a8 of Tadend of MirgnTpian en the £., posnce 1 to 2 by Lop 2099" -2-cha2— the subdivisine as, pores 2 to 3 by Lat 2072-B-2-6" 2-H 32 (road tet); on. the W., points 9 to 4 by Bot 2079-B-2-C-22-0-12-12 (eomgeing foad). ait of (URC) Ped~129463- BeaLMNITE, AY CP, xLatENT Road erce- wih the provisions of the Reoperly Reuoey See iy Dae Eo GINEARAMBON ¢ YASMIN FATZZAH R- | MACAPASAN, ‘of legal | AMER, Re WADE ipinos. and = renident of 7 Bray Nazareth, |. cagayan de Oro City. fas owner thereaf in fee simale, ssibivct id Decree as may be sustains and 10 deena naa eryigaction 4 Tule 74 of the Rule of Court for period of the encumbrance menioned in Section’ #4 of vw ropgyyegcuRTineo sat sod la a arial sted OF - guste i el a a a” sea ne scant oa ce Rear of Bl get SESE ohm BCE Begin Po oat Cert of The a fo Dee Ne abe Oe Or Ce Ne wth een sina ar fom nent, Coca of Pile No wich ne a et or asthe abe doris isonet the city of Cagayan de ore Entered at . prilppincs on the¥ SEB, day Fong, ety thous ad 0EB arrest som ers REE oP veces SY iy. Titeeiter of Deeds: ener pon ties « sgaze ee et satin, same of sponse iC mariage Hin, skies Se of the (aca ea ete comer ia mace wera. ae Ther husband tbe redial owns mn of te con al panne, sat be eiaznen of Pol SOMES sts erty cited that isis tru bcc ony the documents) on le consi of Age Date: 15/2010 ‘Time: SLL:ZTAM ‘Requested By : ATLY. GANIE ABUBAGAR. ‘Amount Paid: 48.00, CORNumber: 000451047 «OR Date =gLisv2010 UENAvEsliuRAE UDANG ncconos SiFicer agen dO Rey ofwacked "3" on plan being 8. 58 deg. agayan Cadastre? chance ehence rhence hence FLonteinine an -aree of ees, All points cefecred he ground ee follows pown qe x 69 om, bearangs tues 1928-Ju pabis, Geodetic Eng. on 96t Rriginal aurvey Nov, ieecuted bY §. 8 deg. 13 ¥. 95 deg. 06" HN. ‘4 deg. 59° 81 85 deg. 39° Pesta C. 4, arathed By! (Memorandum. of Encumbrances CPetiotcat Description continued on AdaiBDH" Set 1s heceby corte that hiss a true electron copy ofthe dos Date: aisi2010 ‘Amount Pai 40.00 ‘OR Number: 1090454947 “Time: 94:27AM on bate 1912030 ous HUNDRED FOUR 404) x 4 by PS an rncumprancns © 22728) P? tinuation of th technica doseription) 32) we, 970.82 me from enh No. A W., 27.84 m. to ppine 27 tol laleo m. te point 37 EL) 27,68 m. to point’ 47 ELL lalea m. to point of beginning? SQUARE METERS more ated on the plan and macked (3 the reat by Old #3 cyh. ae? £., dat ko are indie Geclination 1 deg. uly 1932 and chet 01 21, 1972. 2 eK continued on Page ,umert() on fle consisting of 4 page) Requested By : ATTY. ein 8 RecoRDs OFFI SER, Cagayan Ue Deeds € the mubdivision urve ones a: | City Registy of‘tie hereby carted that iis isa true electronic copy of the documents) on file consisting off page(s) Date 1152010 Time: BALZZAM Requested By: ATT AR ‘Amount Paid: 48.00 (OR Number: 1oones1947 OR Date: 1487010 ea | SuRDAVESEURAEODANS {ECORDS OFFICE Cagayan de Oro City Regi o Page 3of4 ee a "10000486snare ore na i are elcid copy oft documents) onl conn of aPC Date: 97152010 Time: 11-278 Requested By : ATI. ‘Amount Palé 48.09 OR Number: 1900451087 «OR Date = 914372010 Bu RECORDS OFF| unex “IT” Republic of the Philippines) ANNEX Cagayan de Oro City )s.s. Xen JOINT AFFIDAVIT-COMPLAINT We, MOHAMMAD MAHID M. MUTILAN, of legal age, married and a resident of Marawi City with postal address of P.O. Box 290, Chaves St., Cagayan de Oro City, SAPHIA L. MUTILAN, also of legal age, Filipino citizen, widow and a'resident of Marawi City with postal address of P.O. Box 290, Chaves St., Cagayan de Oro City, and SAUDA A. MUTILAN, also of legal age, citizen, widow and a resident of igan City with postal address of P.O. Box 290, Chaves St., Cagayan de Oro City, after having duly sworn to in accordance with law, hereby depose and state: 1. That we are one of the heirs of the late Dr. MAHID M. MUTILAN, MOHAMMAD being the eldest son, SAPHIA and SAUDA being two of the surviving spouses, respectively, of the late Dr. MAHID D. MUTILAN; 2. That during the lifetime of Dr. MAHID M. MUTILAN, he bought a certain parcel of land from Hadja Hedjara Rakim Guindolongan and her co-hires situated at Hayes St, Bray 37, Cagayan de Oro City with an area of 404 square meters covered by Transfer Certificate of Title No. 59899. That Dr. MAHID M. MUTILAN constructed thereon 1 unit 4-storey commercial building, and which is now part of his estate, hereinafter referred as the Property (certified true copies of the property title and the ocular inspection report from records of Fourth Sharia District Court of Marawi City, are hereto attached as Annex “A” and “B”); 3, That we are filing a criminal complaint for Estafa through Falsification of Public Documents against: a) MR. DENNIS M. OSIA ~ President of Vista Del Rio Land Development Company, Inc. - Lot 29, Blk 28, RER2, Carmen, Cagayan de Oro City; “\. b) MR. RODOLFO M. TAN — Treasurer of Vista Del Rio Land Development Company, Inc. — Lot 29, Blk 28, RER2, Gafinen, Cagayan de Oro City;c) ENGR. JAMAEL R. MACARAMBON,. 3" St, Brgy. Nazareth, Cagayan de Oro City; 4" o d) YASMIN FAIZZAH R. MACAPASIR: 7 St, Brgy. Nazareth, Cagayan de Oro City; e) DR. SANDOR R. MACAPASIR — Ground Floor, Polymedic Hospital, Kauswagan St., Cagayan De Oro City; f) ATTY. ABEDIN P. MACAPASIR — Del monte Philippines, Bugo, Cagayan De Oro City; @) ATTY, BONAFEBE D. LEYSON, City Register of Deeds ~ Office of the | City Register of Deeds, Hall of Justice, Cagayan de .. “ Oro City; re “on. b) BUANAVENTURA B. UDANG, Record Officer ~ Office of the City Register of Deeds, Hall of Justice, Cagayan'de Oro City; \ i) ATTY. MACODI M.-AGUS, Notary Publit — Office of the Integrated Bar of the Phitippines, Cagayan de Oro Chapter, Cagayan Property is for rent to which ourlear persons came back, manifested their interest in rentihg the Property and wanted to talk to me (MOHAMMAD). Thani" MOHAMMAD, agreed and went to their office leaded by them, and discovered that the office.was a home reception and one person was there and she was’ lady ‘physician who introduced to me as DR. SANDOR R. MACAPASIR fiom Jolo. That DR, SANDOR R. MACAPASTR asked me to visit the Propéity bebausé her husband who is working for Tablegh activity in Mindanao is looking for aplacé to rent and/or buys 3.2); That after DR. SANDOR R: MACAPASIR visited the Property, she asked. me if the Property is for sell to which T replied that the Property is the subject of partition among the heirs and is not for sell as of now, sought the ‘consent from other heirs as to the leasing of the Property, and if she like to meet she replied, “No Need”. That DR. SANDOR R. them I will arrange for meeting but MACAPASIR intimated to me that her hus! ceived $400,000 i dollars wafrom Arab countries for Tablegh activities but they are buying properties under their family names as she bought share of stocks from the Polymedic Hospital at Kauswagan St., Cagayan de Oro City and likewise her husband bought houses and lots in same city. She intimated further that she is interested with her husband to buy the Property at P10,000,000 arid inquired if the Property is titled to which 1 replied in the affirmative but informed her that the title is misplaced and not in our custody. Later, I informed our Property’s caretaker not to entertain those persons because I did not agree on the idea of selling the Property and I did not agree too on the offered price of P10,000,000 for said property which is located at a few steps from Cogon public market; 3.3) That sometime in June 2010, we heard stories from our relatives in Marawi City that the Property was sold to a third person dd is already titled in the name of DR. SANDOR R. MACAPASIR. We went to office of the Register of Deeds of Cagayan de Oro City to checked and asked for a certified true copy of the Property's ttle (TCT No. T-59899) and inquired as to the truth of the sale and from whom she bought the Property but they replied us that they are busy transferring their office to new building and to come another time; 3.4) , MOHAMMAD, instructed my stepmother, SAPHTA. 1. MUTILAN and one from our relatives, who discovered that his son is schoolmate of DR. SANDOR R. MACAPASIR’s children, to see DR. SANDOR R- MACAPASIR to inquire as to the truth of the sale. That upon my stepmother’s returned with our relative; she informed me that DR. SANDOR R. MACAPASIR, who was holding office at the Polymedic Hospital at Kauswagan St., Cagayan de Oro City, is from Lanao Del Sur and not from Jolo and she bought the Property from a company. ‘That, immediately thereafter, I went to Polymedic Hospital and met DR. SANDOR R. MACAPASIR who showed to me.the deed of sale. That after going over with the deed of sale (copy is hereto attached as Annex C),I discovered the following: 3.4.a) The seller, VISTA DEL RIO LAND DEVELOPMENT COMPANY, Inc. represented by MR. DENNIS M. OSIA-President, and MR. RODOLFO M. ‘TAN, Treasurer, is the purported registrant of the Property under TCT No. T- 198968;3.4) A hand written name “MOHAMMAD MUTILAN” with signature over it appeared as one of the witnesses of the deed of sale. The signature over the hand written name “MOHAMMAD MUTILAN” is not my (MOHAMMAD) signature because WE did not appear before the parties and/or any notary public +0 witness the execution deed of sale of the Property (Annex C-1); 3.4.0) The printed name “SAPHIA L. MUTILAN” with signature over it likewise appeared as one af the withesses of the deed of sale. The signature over the printed name “SAPHIA L. MUTILAN” is not my (SAPHIA) signature because WE did not appear before the parties and/or any notary public to witness the execution of the deed of sale of the Property (Annex C-2); 3.4.4) The selling price of the Property (building and lot) is P876 000.00 (Fight Hundred Seventy Six Thousand Pesos) in Philippine currencys 3.5) That I (MOHAMMAD) reported the matter to my Stepmother, SAUDA 'A. MUTILAN, aunt Hadja Monawira Abubacar and her husband Alim Abdullah ‘Abubacar and requested them to talk to DR, SANDOR MACAPASIR and her husband ATTY, ABEDINP. MACAPASIR. Thereafter, my aunt delivered to me ¢ photo copy of alleged title of the Property already transferred or registered in the name of DR. SANDOR R. MACAPASIR’ family members, namely: ENGR. JAMAEL MACARAMBON and YASMIN FAIZZAH R. MACAPASIR under Transfer Certificate of Title No. T- 207281 which cancelled TCT No. T-198968 (copy of said ttle is hereto attached as Annex D). We went again to the office of City Register of Deeds of Cagayan De Oro City requested for a certified true copy of the deed of sale or any deed of conveyance leading to the issuance of TCT- 207281, we received the same, and we likewise requested for the certified true copy of TCT No. T-207281 which in the name of DR. SANDOR R. MACAPASIR’ family members, namely: ENGR. JAMAEL- MACARAMBON and YASMIN FAIZZAH R. MACAPASIR, but our request was not heeded since three weeks. “Apparently, the Register of Deeds is hiding TCT No. T-207281; 3.6) That the suspects named under par.3 above connived confederated and helped one another to attain a common purpose aS shown by the following result, viz; TCT No. T-207281 was issued on June 16, 2010 (Annex D-1) on the same day the Deed of Sale dated June 7, 2010, was resented for registration with the Office . isaTTT PTT of the City Register of Deeds of Cagayan De Oro City (Annex C-3), but on a day before the registration fee was paid on June 17, 2010 (Annex C-4); 4) That the aforementioned incident was reported to the police, copy of the police blotter as (Annex E); 5) That this affidavit is executed to attest of the truth of the facts above mentioned to support an appropriate criminal complaint in violation of the Revised Penal Code. IN WITNESS WHEREOF, we have hereunto set our hands this 20" day of August 2010 Cagayan De Oro City, Philippines. a SAUDA A. MUTILAN SAPHIA. ‘Affiant Cn> nt ‘0S MOHAMMAD MAHID M. MUTILAN Affiant SUBSCRIBED AND SWORN to before me this 20" day of August, 2010 at Cagayan De Oro City, Philippines.