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Form No. 39. – Answer by claimant to petition by Government.

Judicial Form No. 106


(Answer under Section 9 of Act No. 2259)

REPUBLIC OF THE PHILIPINES


Regional Trial Court, Province of…………………………..
THE DIRECTOR OF LANDS,

…………………………………………… Cadastral Case No. ………………………….


Petitioner, LRC Cadastral Record No. ……………….
................................................. Lot No. ………………………………………………
Claimants,

ANSWER

I……………………………………………………………….… having been duly sworn, declare:

1. Owners. – That I am the owner (or one of the owners) of Lot No………, indicated on the
cadastral plan of the Municipality of………………………..Province of……………………………
Philippines, and my co-owners are: ……………………………………………………

2. Area and Boundaries. – The said land is situated in the barrio of ……………………………, of said
municipality, contains an area of …………………….. square meters, more or less, according to
the cadastral plan, and is bounded:

On the North by……………………………………………………;


on the East by …………………………………………………………..;
on the South by…………………………………………………………; and
on the West by ………………………………………………………..;

3. That the names and addresses of the owners of the adjoining lots so far known to the
claimant are:

……………………………………………… …………………………………………….....
……………………………………………… …………………………………………….....
……………………………………………… …………………………………………….....

4. Buildings and improvements. – That the buildings and improvements existing on the land
are the property of ………………………………………………………………………………………………………………..
.....................................................................................................................................................
5. Possession .- That I(or we) have been in possession of said lot as owner for over
…………………………………. years.
6. Acquisition . – That I (or we) have acquired said possession by (State whether by purchase,
inheritance or otherwise, as well as the name of the vendor or predecessor)
.....................................................................................................................................................
.....................................................................................................................................................
.....................................................................................................................................................
7. Predecessor’s possession. – That before acquiring possession of said lot my (or our)
predecessors in interest had been in possession thereof for……………….. year at the very
least.

8. Encumbrances. – That there is no mortgage or encumbrance of any kind whatsoever


affecting said lot, nor is there any person having interest therein, to the best of my
knowledge other than as follows: (State the nature, conditions, and date of document, the
names and residences of the persons in whose favor it was executed, and the name of the
notary public before whom it was acknowledged)

9. Civil Status. – That my civil status, age, citizenship and other personal circumstances, and
those of my co-owners are:

Name Age Citizenship Married, Name of Date of


Single or Spouse Marriage
Widower

10. Assessed value. – That the assessed value of the aforementioned lot and that of the
buildings and improvements existing thereon, at the last assessment for taxation, are as
follows:

Declaration Number Land Buildings and Total


Improvements
……………………………….. P…………………………………. P……………………… P………………………………

11. Torrens Title. – That he registration of said land has been applied in Case
No……………………………., LRC Record No. …………………., in the name of…………………………which
case is pending proceedings; or that said land has been registered in accordance with Act
No. 496 in the name of ………………………………………according to Original/Transfer Certificate of
Title No. …………., issued by the Registrar of Land Titles and Deeds of the Province of ……………
(If registration of the land has not been applied for, but a plan of it has made by a duly
authorized surveyor, state this fact and attach hereto the said plan, giving number thereof
and date of survey)…………………………………………………………………………………………………….
………………………………………………………………………………………………………………………………………………
12. Patent. – That an application for a ……………………………..patent on the said land has been
presented by the claimants and is now pending in the Bureau of Lands; or that the said land
is covered by ………………………………….Patent No. ………………., pursuant to which Original (or
Transfer) Certificate of Title No. ……………….was issued in the name of ……………………by the
Registrar of Land Titles and Deeds of this province.
13. Divorce. – That the below claimants, or co-owners, have secured divorces as follows:

Name Date of Divorce Place Granted by Court


of__________

14. Disability. – That the below claimants, or co-owners, are under legal disability :

Name Nature of Disability

15. Residence. – That my residence and those of my co-owners are:

Name Residence

16. Share. – That the said lot must be adjudged and decreed to the claimants as follows:

Name Married to Share

………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………………………………….
...................…..., 20………
(Date of the answer)
……………………………………
Claimant
TIN-
………………………………………………..
Attorney of the claimant

……………………………………………….
(Postal address)
PTR

SUBSCRIBED AND SWORN to before me in the Municipality of ……………………………………, Province


of……………………, on this…………day of………………….., 20…………, by……………………………………….., who
exhibited to me his/her Residence Certificate No. ………………….., issued at …………………………….on
the…………day of…………………., 20…………….

……………………………………
Notary Public
PTR

LIST OF ATTACHED DOCUMENTS

INSTRUCTIONS

1. Each answer must cover one lot only. If two lots or more are claimed by one person and the
evidence are common for all the lots, the respective answers must be related to one another.
2. When several co-heirs or co-owners claim one lot and do not agree as to their respective shares,
or when there are minors, the answer must be made in the name of all the co-heirs and co-
owners represented by one of them.
3. If only a portion or portions of the lot are claimed, that fact must be stated clearly in the answer
by inserting the words “A PORTION ONLY” after the number of the lot. The area and boundaries
of said portion, and not those of the lot, should be given in paragraph 2, and a sketch of the lot
showing the portion claimed should be made on the back of the answer or attached thereto. A
petition for the amendment of the plan segregating said portion and marking it as a new lot
should be made in paragraph 17.
4. All written evidence and muniments of title on the lot should be listed and attached hereto.

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