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REPUBLIC OF THE PHILIPPINES)

Province of Cebu) S.S.


City of Toledo)
x-----------------------x

AFFIDAVIT OF CANCELLATION OF ADVERSE CLAIM

I, ACE V. CLIMACO, Filipino, of legal age, married, and a resident of


Abucayan, Balamban, Cebu, Philippines; after being duly sworn to in accordance
with law, hereby depose and state that:

1. I am the biological child of WILFREDO B. CLIMACO.

2. My father is one of the children of the late ENGRACIO CLIMACO.

3. My grandfather, the late ENGRACIO CLIMACO, is one of the ten children of


the late JULIAN CLIMACO.

4. My father WILFREDO CLIMACO, along with his other siblings, namely: Celso
Climaco, Teofilo Climaco, Evangeline Climaco, Norma Climaco and Marcial
Climaco were the adverse claimants in the Affidavit of Adverse Claim annotated
at the back of the Original Certificates of Title Nos. P-587, P-588, P-589, P-590
and P-591, all registered in the name of the Heirs of Julian Climaco represented
by Pastor Climaco.

5. They executed the aforesaid Affidavit of Adverse Claim on August 3, 1998,


which was duly notarized and acknowledged before Notary Public Ismael G.
Borgonia, Jr. on August 24, 1998 per Notarial Register Doc. No. 776; Page N. 78;
Book No. V; Series of 2008.

6. Original Certificate of Title No. P-587 covered a parcel of land know as Lot
10236, equivalent to 5859-A, Rs 07-05-000520, Cad 356-D, situated in the Barrio
of Matab-ang, City of Toledo , Province of Cebu, Island of Cebu containing an
area of TWENTY-SEVEN THOUSAND THREE HUNDRED FORTY-SEVEN
(27,347) SQUARE METERS.

7. Original Certificate of Title No. P-588 covered a parcel of land know as Lot
10237, equivalent to 5859-B, Rs 07-05-000520, Cad 356-D, situated in the Barrio
of Matab-ang, City of Toledo , Province of Cebu, Island of Cebu containing an
area of TWENTY-SEVEN THOUSAND THREE HUNDRED FORTY-SEVEN
(27,347) SQUARE METERS, more or less.

8. Original Certificate of Title No. P-589 covered a parcel of land know as Lot
10238, equivalent to 5859-C, Rs 07-05-000520, Cad 356-D, situated in the Barrio
of Matab-ang, City of Toledo , Province of Cebu, Island of Cebu containing an
area of TWENTY-SEVEN THOUSAND THREE HUNDRED FORTY-SEVEN
(27,347) SQUARE METERS, more or less.

9. Original Certificate of Title No. P-590 covered a parcel of land know as Lot
10239, equivalent to 5859-D, Rs 07-05-000520, Cad 356-D, situated in the Barrio
of Matab-ang, City of Toledo , Province of Cebu, Island of Cebu containing an
area of TWENTY-SEVEN THOUSAND THREE HUNDRED FORTY-EIGHT
(27,348) SQUARE METERS, more or less.
10. Original Certificate of Title No. P-591 covered a parcel of land known as Lot
No. 5862, Case 5, Cad 356-D, situated in the Barrio of Matab-ang, City of Toledo ,
Province of Cebu, Island of Cebu containing an area of TWENTY-ONE
THOUSAND NINE HUNDRED SIXTY-NINE (21,969) SQUARE METERS, more
or less.

11. The above-described Adverse Claim is annotated in all of the certificates of tile
enumerated as Entry No. T-8230 recorded on August 24, 1998.

12. They had caused the annotation of the said Affidavit of Adverse Claim to inform
the whole word that they were claiming to have an interest over the said parcels
of land equivalent to one-tenth (1/10) of their total areas representing their share
thereof being the children of the late Engracio Climaco, one of the children of the
late Julian Climaco.

13. They let the annotation of the said Affidavit of Adverse Claim as their co-heirs at
that time refused to have those parcels of land extrajudicially partitioned.

14. Considering that some of my father’s siblings who executed the aforesaid
Affidavit of Adverse Claim had already died, our family, the legal and
compulsory heirs of the late Julian Climaco, have had talked about the possible
settlement and partition of the above-described parcels of land.

15. Because of our meeting, we have agreed voluntarily to settle and partition
extrajudicially the above-described parcels of land so that before leaving this
world, those co-heirs who are already of old age could still benefit their fruits.

16. In view of our agreement to now settle and partition extrajudicially the above-
described parcels of land, the said Affidavit of Adverse Claim annotated at the
back portion of those certificates of title is now rendered moot and academic.

17. In this regard, by virtue of the Special Power of Attorney duly executed by my
father WILFREDO B. CLIMACO and acknowledged before Notary Public John
Dexter D. Cabahug per Notarial Register Doc. No. 211; Page No. 43; Book no. 3;
Series of 2022 on January 25, 2022 authorizing me to sign and execute an
Affidavit of Cancellation of Adverse Claim annotated on the Original Certificates
of Title Nos. P-587, P-588, P-589, P-590 and P-591, I am hereby requesting the
Registry of Deeds of Toledo City to cancel or cause the cancellation of the
Affidavit of Adverse Claim annotated on the said certificates of title.

18. I am executing this Affidavit of Adverse Claim to attest to the truth of the
foregoing and for whatever legal purpose this may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this


___________________ in the City of Toledo, Cebu, Philippines.

ACE V. CLIMACO
Affiant
PRC ID No.: 0424079
Valid Until: 12/18/2024
Issued by: The Professional Regulation Commission

SUBSCRIBED AND SWORN TO before me this _________________ in the City


of Toledo, Cebu, Philippines. The Affiant exhibiting to me his competent evidence of
identity indicated above.

Doc. No. _____;


Page No. _____;
Book No. _____;
Series of 2022.

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