Republic of the Philippines)

City of Tagbilaran ) s.s

AFFIDAVIT OF ADVERSE CLAIM

I, ROSALINA M. LAPEZ, Filipino, of legal age, married

and a resident of Pantudlan, Cabilao, Loon, Bohol,
Philippines after having been duly sworn to in accordance
with law, do hereby deposed and say:

1. That I am the Attorney-in-Fact of the heirs of the

late Roberta Mondoyo Perges, heirs of the late Maximina L.
Mondoyo, heirs of the late Felix L. Mondoyo, heirs of the
late Ponciano L. Mondoyo, heirs of the late Genaro L.
Mondoyo, heirs of the late Vicenta D. Mondoyo, and
Nemesio L. Mondoyo as evidenced by Special Power of
Attorney executed on 26 day of July 2019 before Notary
Public, Atty. Jose M. Villanueva and entered into his notarial
register as Doc No. 235, Page No. 47, Book No. 26, Series
of 2019. For easy reference attached hereto is the Special
Power of Attorney which is marked as Annex “A”;

2. That the late Eusebio Mondoyo died on November

1, 1964. A copy of the Certificate of Death is hereby
attached as Annex “B”;

3. That Roberta Mondoyo Perges, Maximina L.

Mondoyo, Felix L. Mondoyo, Ponciano L. Mondoyo, Genaro
L. Mondoyo, Vicenta D. Mondoyo, Nemesio L. Mondoyo are
the children of the late Eusebio Mondoyo. A copy of their
Certificate of Baptism are hereby attached as Annex “C”,
“C-1”, “C-2”, “C-3”, “C-4”, “C-5”, “C-6”;

4. That the late Eusebio Mondoyo left a parcel of land

designated as Cad Lot 714, Pls 762, situated at
Cabacungan, Cabilao, Loon, Bohol, Philippines, covered by
an Original Certificate of Title No. 17226, containing an area
of TWELVE THOUSAND FOUR HUNDRED and NINETY-SIX
(12, 496) SQUARE METERS. A copy of OCT No. 17226 is
hereby attached as Annex “D”;

5. That an Extra-Judicial Settlement of the Estate of

Eusebio Mondoyo was executed on June 20, 2019. As can
be gleaned on the said Extra-Judicial Settlement, only
Mauricia Carlon, Margarita Lecias, and Olimpio Mondoyo
were named as the only surviving and compulsory legal
heirs of the late Eusebio Mondoyo and they intentionally
and fraudulently omit the other heirs. However, only
Margarita Lecias signed in the said deed but it was
successfully notarized by a lawyer in Cebu City. A copy of
the said Extra-Judicial Settlement is hereby attached as
Annex E;

6. That on July 5, 2019 a Deed of Absolute Sale was

executed by the same person and it was only Margarita
Lecias who signed the said deed but it was still notarized by
the same lawyer in Cebu City;

7. That just recently the other heirs of the late

Eusebio Mondoyo learned of this fraudulent transaction and
we are preparing for civil and/or criminal action against the
above-named person as well as their agent who facilitated
and made this fraudulent transaction happened;

8. That I am executing this Affidavit of Adverse Claim

to protect the right of the heirs of Eusebio Mondoyo and to
annotate/register the right of the heirs of Eusebio Mondoyo
on OCT No. 17226 at the Register of Deeds of the Province
of Bohol and at the Municipal Assessor of Loon while we are
on the process of preparing our civil and/or criminal action.

IN WITNESS WHEREOF, I have hereunto affix my

signature this 27th day of September 2019 at Tagbilaran
City, Bohol, Philippines.

Tagbilaran City, Bohol, Philippines.

ROSALINA M. LAPEZ
Affiant/Adverse Claimant

SUBSCRIBED AND SWORN TO BEFORE ME this 27 th day

of September 2019 at Tagbilaran City, Bohol Philippines.
Undersigned hereby certifies that the Adverse Claimant
understood very well the contents of this Adverse Claim,
which contents are true and correct of their own knowledge
and that this had been executed voluntarily upon their own
request.

Doc. No._____; Page No.____;

Book No._____; Series of 2019
VERIFICATION/CERTIFICATION

I, ROSALINA M. LAPEZ, Filipino, of legal age, married and

a resident of Pantudlan, Cabilao, Loon, Bohol after having
been duly sworn to in accordance with law, do hereby
deposed and say:

1. That I am the adverse claimant in this case as an

attorney-in-fact of the heirs of the late Eusebio
Mondoyo and have caused this Adverse Claim to be
prepared; that I have read and understood its contents
which are true and correct of my own personal
knowledge and/or based on authentic records;

2. That I have not commenced any action or proceeding

involving the same issue in the Supreme Court, the
Court of Appeals or any other tribunal or agency; that
to the best of my knowledge, no such action or
proceeding is pending in the Supreme Court, the Court
of Appeals or any tribunal or agency, and that, if I
should learn thereafter that a similar action or
proceeding has been filed or is pending before these
courts, tribunal or agency, I undertake to report that
fact to the Court and/or to this Honorable Office within
five (5) days therefrom.

IN WITNESS WHEREFORE, I have hereunto set my

hands this 27th day of September 2019 at Tagbilaran City,
Bohol, Philippines.

ROSALINA M. LAPEZ
Affiant/Plaintiff
VIN: 1230-0019A-F1166RML20000
Issued by: COMELEC`

SUBSCRIBED AND SWORN to before me this 27 th day of

September 2019 at Tagbilaran City, Bohol, Philippines.

Doc. No. _______;

Page No._______;
Book No._______;
Series of 2019