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REPUBLIC OF THE PHILIPPINES)

SANTIAGO CITY ) S.S.


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

AFFIDAVIT OF ADVERSE CLAIM

I, FERDINAND C. DE VERA, of legal age, Filipino, married ,and a


resident of Barangay Ramos East, San Isidro, Isabela after having been
sworn to in accordance with law,depose and say:

1. That I am one of the brothers of the late Corazon De Vera-Jose


who died last September 29,2019 at Santiago City;
2. That my sister Corazon De Vera-Jose was married to Porfirio G. Jose
sometime in 1974;
3. That during the existence of their marriage, Corazon and defendant
Porfirio acquired various real properties enumerated as follows:

(1) A parcel of Land lot L, Psd-(af)- 02-013562(AR) containing an area


of 2,563 sq. meters CLOA-00651. Situated at Ramos East, San Isidro,
Isabela.

(2) A parcel of Land lot J, Psd-(af)- 02-013562(AR) containing an area


of 8,627 sq. meters CLOA-00649. Situated at Ramos East, San Isidro,
Isabela.
(3) A parcel of Land lot A, Psd-(af)- 02-013562(AR) containing an area
of 5,423 sq. meters CLOA-00648. Situated at Ramos East, San Isidro,
Isabela.

(4) A parcel of Land lot K, Psd-(af)- 02-013562(AR) containing an area


of 2,688 sq. meters CLOA-00650. Situated at Ramos East, San Isidro,
Isabela.

4. My sister Corazon and her husband Porfirio have no children


during the existence of their marriage;
5. When my sister Corazon reached her retirement as school teacher,
she succumbed into sickness that eventually led into her untimely
death on 29 September 2019;
6. Sometime on 27 August 2020, Spouses Julius Maddul and Grace
Maddul from Lamut, Ifugao together with Porfirio Jose arrived in
one of my brother’s residence in the person of Dioscoro de Vera
and harassed the latter. They wanted to produce pertinent
documents from him involving the abovementioned real properties
where the latter is presently occupying;
7. Later on, I and my siblings were surprised when we received on
information that Porfirio Jose executed an Affidavit of Self
Adjudication dated 16 October 2020 before notary public
Atty.Lester June S. Luna particularly identified as Doc.No. 389,
Page No. 80,Book No. 49, Series of 2020;
8. In the said copy of Affidavit of Self Adjudication, Porfirio G. Jose
alleged that he was the only surviving legal heir of our sister
Corazon De Vera Jose when in truth and infact under the
provisions of The Civil Code of the Philippines, we, the brothers
and sisters were also the legal heir of our sister Corazon De Vera
Jose;
9. Our sister Corazon De Vera Jose left no will at the time of her death
on September 29,2019, and her estate was to be settled in
accordance with the rules on legal or intestate succession. The legal
heirs of my sister, composed of the surviving spouse on one part
and the brothers and sisters on the other part has the right to
inherit from the estate, based on the Articles 995 and 1001 of the
New Civil Code, which read
ART. 995. In the absence of legitimate descendants and
ascendants, and illegitimate children and their descendants,
whether legitimate or illegitimate, the surviving spouse shall
inherit the entire estate, without prejudice to the rights of brothers
and sisters, nephews and nieces, should there be any, under article
1001.

ART. 1001. Should brothers and sisters or their children


survive with the widow or widower, the latter shall be entitled to
one-half of the inheritance and the brothers and sisters or their
children to the other half.

10. Based on the above stated provisions of law, it can be gleaned


that there were infirmities, illegalities and misrepresentations
committed by Porfirio Jose when he executed the Affidavit of Self
Adjudication. Thus, the Affidavit of Self Adjudication has no legal leg
to stand for being a mere scrap of paper;
11. With the use of such Affidavit of Self Adjudication, on 23
October 2020 executed a Deed of Absolute Sale over the
abovementioned properties in favor of Spouses Kim B. Gilles and
Precious G. Gillies from Barangay Poblacion East, Lamut, Ifugao
before the same Notary Public and entered into his Notarial Register as
Doc. No. 390, Page No. 80, Book No. 49, Series of 2020;
12. And two(2) months thereafter, on 18 December 2020, the
Spouses Kim B. Gilles and Precious G. Gillies were able to register in
their names the enumerated parcels of land evidenced by the following
titles of ownership, as follows:
1. Transfer Certificate of Title No. 165-2021000851 covering Lot
A, PSD-(AF)-02-013562(AR) with an area of 5,423 square
meters.

2. Transfer Certificate of Title No. 165-2021000852 covering Lot


J, PSD-(AF)-02-013562(AR), with an area of 8,627 square meters.

3. Transfer Certificate of Title No. 165-2021000853 covering Lot


K, PSD-(AF)-02-013562(AR) with an area of 2,688 square meters.

4. Transfer Certificate of Title No. 165-2021000854 covering Lot


L, PSD-(AF)-02-013562(AR) with an area of 2,563 square meters.
13. That unless an adverse claim is annotated on the
aforedescribed Transfer Certificate of Title No. 165-2021000851,
Transfer Certificate of Title No. 165-2021000852 , Transfer Certificate
of Title No. 165-2021000853 , Transfer Certificate of Title No. 165-
2021000854, we the brothers and sisters as the legal heirs of our sister
Corazon De Vera Jose are in danger of being defrauded and deprived
of our just and valid right over the aforedescribed parcel of land and,
as such, I am executing this Affidavit in support of my request for the
annotation of an adverse claim over the parcel of land described
herein.

IN WITNESS WHEREOF, I have set my hand this 27 th day of November, 2021,


in Santiago City, Philippines.

FERDINAND C. DE VERA
AFFIANT
LTO I.D. No. B06-94-012642

SUBSCRIBED AND SWORN to before me, this 27th day of November, 2021 by
the Affiant whom I have identified through competent evidence of identity and who
exhibited his Government Issued Identification Number as per description appearing
below his name.

Doc No.: 330


PageNo.:67 ATTY. RICHARD V. GOMEZ
Notarial Commission No. 0239
Book No.: 3 NOTARY PUBLIC UNTIL DECEMBER 31,2021
Series of: 2021. 88 Diamond Street, Plaridel Santiago City
Roll No. 69120/ 05-30-17
PTR No. MLBN no. 4726083 Malabon City/01-07-
2021
IBP No. 134413//Manila/12-11-2020

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