REPUBLIC OF THE PHILIPPINES)

PROVINCE OF ALBAY )S.S.

CITY OF LEGAZPI )
x----------------------------------------------x

AFFIDAVIT OF ADVERSE CLAIM

I, CATHERINE ORENSE, of legal age, Filipino, married, and a resident of
Regidor St., Maroroy, Daraga, Albay, after having been duly sworn in accordance with
law, do hereby depose and state that:

1. I am married1 to Jonathan Orense, one of the registered co-owners of Lot

2050-A-2 situated in Maroroy, Daraga, Albay, previously covered by TCT No.
801792 and more particularly described as follows:

“A parcel of land Lot 2050-A-2 of Subdivision plan (LRC)

Psd-252850, being a portion of Lot 2050-A, (LRC) Psd-
231469, LRC Cad. Record No. 334), situated in the Barrio
of Maroroy, Municipality of Daraga, Province of Albay,
Island of Luzon. Bounded on the NE., points 4 to 1 by Lot
2050-A-3 of the subdivision plan on the SE. points 1 to 2
by road; on the SW. points 2 to 3 by Lot 2050-A-1 of the
subdivision plan; and on the NW. points 3 to 4 by Lot
2050-B, (LRC) Psd-231469. xxxxx Containing an area of
Two Hundred One (201) Square Meters, more or less.
xxxxx”

2. Sometime in _________ 2022, I discovered that the above-described

property has been sold to Spouses Gabriel Espinas and Erlinda Espinas through
a Deed of Absolute Sale dated 27 May 2022 3 executed by my husband Jonathan
Orense without my knowledge and consent;

3. Pursuant to the said Deed of Absolute Sale, Spouses Gabriel Espinas and
Erlinda Espinas were able to transfer the title of the whole subject parcel of land
in their name, hence, it is now covered by Transfer Certificate of Title No. 078-
20220029074;

4. Considering that the sale of the subject property has been made without my
knowledge and marital consent, the same is deemed null and void as to the ½
undivided share of my husband pursuant to Article 96 of the Family Code which
provides, to wit:

“Art. 96. xxx

1
Attached is a copy of the Certificate of Marriage marked as Annex “A”;
2
Attached is the certified true copy of the Transfer Certificate of Title No. 80179 marked as Annex “B”;
3
Attached is a machine copy of the Deed of Absolute Sale dated 27 May 2022 marked as Annex “C”;
4
Attached is the certified true copy of the Transfer Certificate of Title No. 078-2022002907 marked as Annex “D”
 In the event that one spouse is incapacitated or
otherwise unable to participate in the administration of the
common properties, the other spouse may assume sole
powers of administration. These powers do not include
disposition or encumbrance without authority of the
court or the written consent of the other spouse. In
the absence of such authority or consent, the
disposition or encumbrance shall be void. xxx.”
(emphasis supplied)

5. Unless an adverse claim is annotated on the Transfer Certificate of

Title No. 078-2022002907 issued in favor of SPOUSES GABRIEL ESPINAS
and ERLINDA ESPINAS, my children and I are in danger of being deprived of
our just right over the said parcel of land; and

6. I am executing this AFFIDAVIT OF ADVERSE CLAIM for the purpose of

attesting to the truthfulness of the foregoing allegations and in support of my
request for the annotation of an adverse claim over the parcel of land described
herein.

CATHERINE ORENSE
Affiant

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of March
2023 in Legazpi City, Albay, Philippines, by the affiant who has satisfactorily proven to
me her identity through her ___________________, that she is the same person who
executed the same.

Doc. No. ____;

Page No. ____;
Book No.____;
Series of 2023. ATTY. ZERLAINE INNA D. CAMASIS
Notary Public
For and in the City of Legazpi and Province of Albay
Until December 31, 2024
Attorney’s Roll No. 80838
PTR No. 0128650M/ 3 January 2023
IBP No. 265980/ 4 January 2023
MCLE: Newly Admitted: May 20, 2022
Unit 3, D&N Bldg., Washington Drive, Legazpi City
Email Address: izerlaine@gmail.com/
Contact No. 0910 217 5229