Republic of the Philippines)

Marikina City ) S.S.

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

AFFIDAVIT OF ADVERSE CLAIM

I, JENNYLINE L. REGONDOLA, of legal age, Filipino and with

residence and postal address at U21G Three Adriatico Place, Malate,
Manila, after being duly sworn according to law, hereby depose and
state:

1. That I am filing a NOTICE OF ADVERSE CLAIM on the

property covered by Transfer Certificate of Title (TCT) No. 009-
2020007716 issued by the Registry of Deeds for Marikina on 06
November 2020 under the names of ROBERT D. TIOXON and JOSA
S. BARTOLATA with address at Unit 415, Sumatra Building, Bali
Oasis, Phase 1, Marcos Highway, Santolan, Pasig City, which covers a
parcel of land (together with whatever improvements that may be
found thereon) located in Marikina, containing an area of FIFTY (50)
SQUARE METERS and which parcel of land is particularly described
as follows:

“Transfer Certificate of Title

No. 009-2017006469
“A PARCEL OF LAND (LOT 2 OF THE CONSOLIDATION-
SUBDIVISION PLAN (LRA) PSC-38757 APPROVED AS ANON-
SUBDIVISION PROJECT, BEING A PORTION OF LOTS 24 & 25,
BLK. 32, (LRC) PSD-74953 L.R.C. (CLR) RECORD NO. 7672,
SITUATED IN THE MARIKINA CITY, METRO MANILA, ISLAND
OF LUZON. BOUNDED ON THE NE., POINTS 2 TO 3 BY LOT;
ON THE SE., POINTS 3 TO 4 BY LOT 23, BOTH BLK. 23, (LRC)
PSD-74953; ON THE SW., POINTS 4 TO 1 BY LOT 3; ON THE
NW., POINTS 1 TO 2 BY LOT 1, (ROAD) BOTH PF THE
CONSOLIDATION-SUBDIVISION PLAN. BEGINNING AT A
POINT MARKED “1” ON PLAN, BEING S. 20 DEG. 02’E., 2022.34
M. FROM BLLM#1, BO. BAYANBAYANAN, MARIKINA.
THENCE N. 6 DEG. 42’E., 5.00 M. TO POINT 2; THENCE S. 83
DEG. 18’E., 10.00 M. TO POINT 3; THENCE S. 6 DEG. 42’W., 5.00
M., TO POINT 4; THENCE N., 83 DEG. 18’W., 10.00 M. TO THE
POINT BEGINNING, CONTAINING AN AREA OF FITY (50)
SQUARE METERS, MORE OR LESS.ALL POINTS REFERRED TO
ARE INDICATED ON THE PLAN AND ARE MARKED ON THE
GROUND AS FOLLOWS: POINT 3 BY OLD PS AND THE REST
BY P.S. CYL. CONC. MONS. 15X60 CM., BEARINGS TRUE; DATE
OF ORIGINAL SURVEY, DEC. 1910-JUNE 1911 AND THAT OF
THE SUBDIVISION SURVEY, EXECUTED BY GLENN G. DE
GUZMAN GEODETICE ENGINEER, ON APRIL 25, 2012.”

Affidavit of Adverse Claim Page 1 of 5

 2. That the said TCT No. 009-2020007716 was a transfer from TCT
No. 009-2017006469 issued by the Registry of Deeds for Marikina on 18
August 2017 under the name of RCBC SAVINGS BANK with address
at 26th and 25th Streets, Bonifacio Global City, Taguig City.

3. That in turn, TCT No. 009-2017006469 was a transfer from TCT

No. 009-2014005082 issued by the Registry of Deeds for Marikina on 09
July 2014 under the name of MARY JANE T. GALVEZ with address at
Room 825, 101 P. Tuazon, Cubao, Quezon City.

4. That on 29 November 2018, ROBERT D. TIOXON and JOSA

S. BARTOLATA entered into a contract denominated as “CONTRACT
TO SALE” with CARMELLA ANNETTE S. GIANZON for the sale of
the above-described real property together with whatever
improvements that may found thereon (which is now covered by TCT
No. 009-2020007716) for the total amount of PHP3,800,000.00.
A copy of the said “CONTRACT TO SALE” is hereto attached
and marked as ANNEX “A” and made an integral part hereof.

5. That in accordance with the terms and conditions of the said

““CONTRACT TO SALE” the said CARMELLA ANNETTE S.
GIANZON paid ROBERT D. TIOXON and JOSA S. BARTOLATA the
amount of PHP782,956.00 (as down payment) which they
acknowledged full receipt thereof as evidenced by the duly notarized
ACKNOWLEDGEMENT RECEIPT executed by ROBERT D. TIOXON
and JOSA S. BARTOLATA.
A copy of the said ACKNOWLEDGEMENT RECEIPT is hereto
attached and marked as Annex “B” and made an integral part hereof.

6. That on 07 November 2019, the same ROBERT D. TIOXON

and JOSA S. BARTOLATA sold the said above-described real property
together with whatever improvements that may be found thereon
(which is now covered by TCT No. 009-2020007716) to me as shown by
the DEED OF ABSOLUTE SALE they signed and executed.
A copy of the said DEED OF ABSOLUTE SALE is hereto
attached and marked as Annex “C” and made an integral part hereof.

7. That as part of my agreement with ROBERT D. TIOXON and

JOSA S. BARTOLATA, I have to settle whatever unpaid loan or
obligation that the subject property may have with the bank. On the
other hand, as VENDORS, they warranted to me, among others, that
they will deliver the original copy of the title of the subject property and
that it’s free from all liens and encumbrances.

Affidavit of Adverse Claim Page 2 of 5

 8. That in accordance with the terms and conditions of the said
DEED OF ABSOLUTE SALE, I paid ROBERT D. TIOXON and JOSA
S. BARTOLATA the amount of PHP1,500,000.00 in cash which they
acknowledged full receipt thereof as evidenced by the duly notarized
ACKNOWLEDGMENT RECEIPT executed by ROBERT D. TIOXON
and JOSA S. BARTOLATA.
A copy of the said ACKNOWLEDGMENT RECEIPT is hereto
attached and marked as Annex “D” and made an integral part hereof.

9. That since the above-described real property was already sold

earlier by ROBERT D. TIOXON and JOSA S. BARTOLATA to
CARMELLA ANNETTE S. GIANZON, the latter also executed and
entered into a DEED OF ABSOLUTE SALE with me for the sale of the
above-described real property.
A copy of the said DEED OF ABSOLUTE SALE is hereto
attached and marked as Annex “E” and made an integral part hereof.

10. That on 07 November 2019, I, ROBERT D. TIOXON and

JOSA S. BARTOLATA, and CARMELLA ANNETTE S. GIANZON (to
whom they already sold the subject property) all went to RCBC
SAVINGS BANK’s office at 26th and 25th Streets, Bonifacio Global City,
Taguig City, where we all agreed to make the payments and the
settlement of whatever amount still due the bank. It must be stated here
that at this time, the title over the subject property was under the name
of RCBC SAVINGS BANK.

11. That as already stated above, I paid ROBERT D. TIOXON

and JOSA S. BARTOLATA the total amount of ONE MILLION FIVE
HUNDRED THOUSAND PESOS (PHP1,500,000.00) in cash.

12. That in connection with the DEED OF ABSOLUTE SALE that

I and CARMELLA ANNETTE S. GIANZON had entered into, I also
paid her the total amount of ONE MILLION FIVE HUNDRED
THOUSAND PESOS (PHP1,500,000.00) in cash as evidenced by the
ACKNOWLEDGMENT RECEIPT she signed and executed.
A copy of the said ACKNOWLEDGMENT RECEIPT is hereto
attached and marked as Annex “F” and made an integral part hereof.

13. That I also caused the settlement, through CARMELLA

ANNETTE S. GIANZON, of whatever amount due the bank which is
in the amount of PHP1,537,467.00 as evidenced by the Official Receipt
issued by the bank and the ACKNOWLEDGMENT RECEIPT executed
and signed by CARMELLA ANNETTE S. GIANZON showing that she
received the said amount from me.

Affidavit of Adverse Claim Page 3 of 5

 Copies of the said RCBC’s Official Receipt dated 07 November
2019 and the ACKNOWLEDGMENT RECEIPT executed by Ms.
Gianzon are hereto attached and marked as Annexes “G” and “H” and
are made an integral parts hereof.

14. That on the basis of the DEED OF ABSOLUTE SALE that

ROBERT D. TIOXON and JOSA S. BARTOLATA signed, they
warranted to deliver to me the title to the subject property free of liens
and encumbrances. Unfortunately, they failed and continuously to
refuse to deliver the title of the subject property.

15. That eventually, instead of delivering to me the title over the

subject property as promised, I came to know that ROBERT D.
TIOXON and JOSA S. BARTOLATA was able to secure the transfer of
the title over the subject under their names.

16. That from the time the subject property was sold to me,
physical possession thereof was given to me. I, in turn, leased the
subject property to a third party.

17. That there is a great possibility that they will sell again the
subject property to another innocent and unsuspecting third party
because they have in their possession the original owner’s copy thereof
and I was actually informed that they are looking for buyer/s of the
subject property now.

18. That, in fact, they already used their title over the subject
property to intimidate and harass the present tenant thereof to demand
that payment of the rent be paid to them as supposed owners thereof, a
copy of “report/blotter” dated 02 December 2020, I made with
Barangay Sta. Elena, Marikina City, concerning the adverted incident
is hereto attached and marked as Annex “I” and made an integral part
hereof.

19. That unless an adverse claim is annotated on the afore-

described Transfer Certificate of Title, I am in danger of being
deprived of my valid right over the subject property.

20. I am executing this AFFIDAVIT OF ADVERSE CLAM 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 Transfer Certificate of Title (TCT) No. 009-2020007716.

Further I sayeth naught.

Affidavit of Adverse Claim Page 4 of 5

 IN WITNESS WHEREOF I have hereunto set my hand this
th
_____ day of December 2020 at Marikina City.

____________________________
JENNYLINE L. REGONDOLA
Affiant

SUBSCRIBED and SWORN to before me this ____ day of

December 2020 at Marikina City, affiant exhibited to me her duly issued
government ID: Passport No. P0663739B, issued on 14 February 2019
and valid until 13 February 2029 at Manila as proof of her legal identity.

NOTARY PUBLIC

Doc. No._______
Page No. ______
Book No.______
Series of 2020

Affidavit of Adverse Claim Page 5 of 5