Affidavit of Ownership and Actual Physical Possession

AFFIDAVIT OF OWNERSHIP AND
ACTUAL PHYSICAL POSSESSION

I, ROSALIA E. CAŃETE, 79 years old, widow, and a permanent resident of Brgy. 9,
Buenavista, Agusan del Norte, under oath declare that:
1. I am a permanent resident of Brgy. 9, Buenavista, Agusan del Norte since birth;
2. I and my family have been in actual physical possession of a portion of Lot 1524, Pls-
4 for more than 70 years already;
3. I have not abandoned our occupation over the said portion of Lot No. 1524, Pls-4 and
continued to reside thereon until today;
4. When I married, I continued to live on this area and constructed thereon a concrete
house where I raise my own family;
5. For more than 70 years that we occupy the said area, none has occupied thereon
except my family;
6. It is a public knowledge among residents of Brgy. 7 and Brgy. 9 of Buenavista,

Agusan del Norte that Lot 1524, Pls-4 was awarded to its actual occupants by the
Department of Environment and Natural Resources, through the then Director of
Lands;
7. It is also a public knowledge among residents of Brgy. 7 and Brgy. 9 of Buenavista,

Agusan del Norte that prior to the said award, we rented our respective areas of
occupation from the Heirs of Tereso Villa, whom we consider at that time as its
owner. But realizing that this is a public land, our parents petitioned before the
Bureau of Lands (now DENR) for the award of their respective areas of occupation.
This petition was granted by the Director of Lands and sustained by the Supreme
Court. It was then that this land was surveyed and subdivided among its occupants;
8. We recognize that it was upon the leadership of Emelia Ortigas (wife of Regino
Ortigas) that the occupants of Lot No. 1524, Pls-4 grouped themselves together to file
for the said petition to the Bureau of Lands;
9. It is also true that there are those who chose not to join the group due to skepticism,
financial consideration and loyalty to the Heirs of Tereso Villa. Nevertheless, the
intention of the group was for their respective areas of occupation to be awarded to
them as theirs. It was never the intention that it would be awarded solely to Regino
Ortigas or to take the areas of occupation of those who did not join the petition and to
claim the same as theirs;
10. I also personally know that this lot, as well as the adjacent lots thereof, has not been
subject to the coverage of the Comprehensive Agrarian Reform Program. As I could
remember, this has been residential in actual use and has never been cultivated for
agricultural production;
11. Just recently, the heirs of Regino Ortigas claimed this property as solely theirs
arguing that there are tax declarations on this property in the name of the Heirs of
Regino Ortigas, et. al. They are also claiming reimbursement for the taxes they paid
thereon;
12. The Heirs of Regino Ortigas forgot the fact that ever since this property is occupied
by other individuals/families who were with their parents when they petitioned before
the Bureau of Lands (now DENR) for the award of this property to its actual
occupants;
13. In fact, even their relied tax declarations have recognized that there are other
occupants on this property as broadly described thereon as “et. al.” or “and others”
14. Based on my personal knowledge and as far as I can remember, the Heirs of Regino
Ortigas have not occupied or possessed the entire Lot No. 1524, Pls-4. Their
occupation is limited only to what they have occupied ever since. They have not
secured valid title over the entire Lot No. 1524, Pls-4. Instead, as I could remember
and personally known, their predecessor (Regino Ortigas) had only occupied a
definite portion of Lot No. 1524, Pls-4, just like our predecessors; and such area is the
only area they are entitled to, unless they may have acquired other areas through sale
or other valid mode of transfer;
15. I have not also remembered or known that the Heirs of Regino Ortigas have secured
valid order/s from the court, tribunal, or any government agency or office, for our
ejectment on our respective lot of occupation. Instead, for years the Heirs of Regino
Ortigas have known that we actually possess our respective area in the concept of an
owner;
16. Hence, we are executing this Affidavit to support our claim of ownership, valid title
and actual physical possession and occupation over the definite portion of Lot No.
1524, Pls-4;
17. We execute this affidavit in good faith and with honest intent to establish our rightful
claims over our actually occupied area on the said property and to refute any interest,
right or claim of ownership by the Heirs of Regino Ortigas over the entire Lot 1524,
Pls-4, except their actual area of occupation.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 7th day of

July 2018 at Buenavista, Agusan del Norte.
ROSALIA A. CAŃETE
Affiant
ID No. _________________
SUBSCRIBED and SWORN to before me this ___________________ at Buenavista, Agusan del

Norte.
Doc No.
Page No.
Book XII
Series 2018

Affidavit of Ownership and Actual Physical Possession

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AFFIDAVIT OF OWNERSHIP AND

ACTUAL PHYSICAL POSSESSION

1. I am a permanent resident of Brgy. 9, Buenavista, Agusan del Norte since birth;

6. It is a public knowledge among residents of Brgy. 7 and Brgy. 9 of Buenavista,

7. It is also a public knowledge among residents of Brgy. 7 and Brgy. 9 of Buenavista,

IN WITNESS WHEREOF, I have hereunto affixed my signature this 7th day of

SUBSCRIBED and SWORN to before me this ___________________ at Buenavista, Agusan del

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