You are on page 1of 3

REPUBLIC OF THE PHILIPPINES )

ROXAS CITY ) S.S.


x--------------------------------------------x

AFFIDAVIT OF PROTEST

I, TERESITA VITERBO y CASTEJON, of legal age, widow, Filipino


and a resident of Barangay Hipona, Pontevedra, Capiz, after having been
duly sworn to in accordance with law, do hereby depose and say that:

1. I am the surviving heir of Atty. Gerardo Viterbo, Sr. who is the owner
of certain parcels of land including Lots 903, Lot 699, Lot 2800, Lot
and 2000 all of Pontevedra Cadastre;

2. The above mentioned parcels of land including Lot 847 (now sold and
transferred to Nadie Tumlos) were acquired by virtue of Deed of Sale
by my late husband from the Pres. Roxas Rural Bank, Inc., attached
is a copy of the Deed of Sale as Annex “A”;

3. Lot 699 and Lot 2800 were already transferred in the name of my
late husband, however, Lot 903, 2000 and 847 is still declared under
the name of Pres. Roxas Rural Bank, Inc.;

4. Further, to support my claim of ownership over the said parcels of


land, these were all registered as evidenced by the Certificate of
Registration issued by the Bureau of Internal Revenue, attached as
Annex “B”;

5. In April 6, 2006, Josephine Viterbo- Baradi, filed a case for


Annulment of Documents and Damages involving the above-
mentioned parcels of land, however, such case was decided upon by
Hon. Esperanza Isabel E. Poco- Deslate in my favour dismissing the
case motu propio in an Order dated October 5, 2006. Attached is a
copy of the Order, as Annex “C”;

6. However, they appealed the case before the Court of Appeals which
was also DISMISSED in a Resolution dated 24 May 2011, a copy is
attached as Annex “D”;

7. Sometime in March, 2017, it came to my knowledge that Tomas


Viterbo et. al, filed an Application for Registration for Lots 903 and
2800 before the Office of the Department of Natural and
Environment Resources, Capiz which is now pending;
8. Hence, I am registering my PROTEST for the said Application of
Registration over Lot 903 and 2800 filed by Tomas Viterbo, et.al,
before your Office;

9. Such processing and issuance of these titles must not be entertained


by your Office pending the Decision of the Court of Appeals or until it
reached Finality for it is prejudicial to my interest since the issues to
be resolved before the court will determine the validity of the Deed of
Sale executed between my late husband and the Pres. Roxas Rural
Bank, Inc., hence upholding the absolute ownership of my late
husband over the parcels of land involved in this controversy;

10. Hence, I am emphasizing that Lot 699, 2800, 903, 2000 and
847 all under Pontevedra Cadastre are owned and acquired by my
late husband by virtue of Deed of Sale. Therefore, by operation of
law, I am the true and lawful owner of the aforementioned lots.

11. Based on the foregoing, Tomas Viterbo, et.al, must not be


allowed to process and register the above- mentioned parcels of land
in their name prior the pendency of an Order of Finality and
Execution from the Decision of the Court of Appeals. Thus, I am
requesting your Office to REGISTER MY PROTEST on the Application
of Registration pending before your Office;

12. I am executing this affidavit for all legal intents and purposes
and the same was made according to our own free will and volition.

IN WITNESS WHEREOF, I have hereunto affixed my signature, this


__________________ at Roxas City, Capiz, Philippines.

TERESITA C. VITERBO
Affiant

SUBSCRIBED AND SWORN to before me this


____________________ at Roxas City, Capiz, Philippines. I further certify
that the Affiant freely executed and understood his Affidavit.

Cc: REGIONAL DIRECTOR/ The Chief of Surveys and Mapping Division/ The Chief of Legal Services
Division, DENR Regional Office VI, Iloilo City

You might also like