Affidavit of Adverse Claim

AFFIDAVIT OF ADVERSE CLAIM
I, MA. VICENTA ESPINA VILLAMOR, of legal age, Filipino, married and a

resident of 01224 Peñaranda Street., Barangay Taft, Surigao City, after haven been
duly sworn in accordance with law, depose and state:
1. That on September 12, 2020, I have entered into a Deed of Conditional

Sale which was acknowledged on the same date before a Notary Public, Atty. Jason
Oliver C. Sun of Surigao City and entered in his Notarial Register as Doc. No. 768,
Page 52, Book II, Series of 2020. A copy of the said Deed is hereto attached as
ANNEX “A” and made an integral part of this affidavit;
2. That in the said Deed of Conditional Sale, I was the BUYER of a parcel of
land containing an area of FIVE THOUSAND (5,000) square meters, more or less,
which is a portion of a parcel of land covered by Transfer Certificate of Title No.
160-2016000063 registered in the name of JUANITO R. VILLALBA, more
particularly described as follows:
A parcel of land, Lot No. 1706-B, Plan No. PSD-13-024188,

a portion of Lot 1706; situated at Barangay Poblacion,
Municipality of Anao-aon (now San Francisco), Province of
Surigao del Norte, Island of Mindanao, with an area of
THIRTY TWO THOUSAND TWO HUNDRED TWENTY
EIGHT (32,228) square meters, more or less.
3. That in the said Deed, the SELLER sold to me a portion of such parcel of
land for and in consideration of FIVE HUNDRED THOUSAND PESOS (Php
500,000.00) Philippine Currency, wherein THREE HUNDRED THOUSAND PESOS
(Php300,000.00) Philippine Currency, was paid in cash by me, the BUYER,
sometime prior to the execution of the Deed, the receipt of which was acknowledged
by the SELLER;
4.That as stipulated in the Deed the remaining TWO HUNDRED THOUSAND

PESOS (Php200,000.00) Philippine Currency, is to be paid by the BUYER on
installment subject to the fulfillment of the conditions stipulated in paragraph 2 of
the covenant set forth by the parties in the Deed;
5. That it was acknowledged by both parties in the Deed of Conditional Sale

that a certain cloud exists as regards the title of the seller over the subject land;
6. That it was agreed by the parties in the Deed that the SELLER will exert
all reasonable efforts to remove such cloud on the subject land, including but not
limited to the filing of the appropriate civil and administrative actions for such
matter, the production of the original copy of the Affidavit of Waiver, the
registration of the seller’s adverse claim over the said property with the appropriate
government agencies, and the procurement of a separate title over the property;
7. That in the Deed, the BUYER undertakes to advance all reasonable

expenses arising from or related to such effort and that all advanced expenses
incurred by the BUYER will be charged against the purchase price;
8. That sometime from October 2020 to March 2021, I tendered additional

payments amounting to EIGHTY THOUSAND NINE HUNDRED FOUR AND
TWENTY-SIX CENTAVOS (Php80,904.26) Philippine Currency, as it was
requested by the seller to defray the expenses incurred during the processing of the
documents in the course of exerting reasonable efforts to remove the cloud over the
subject land, the receipt of which was acknowledged by the seller;
9. That to date, I, the BUYER, still have a balance in the purchase price
amounting to ONE HUNDRED NINETEEN THOUSAND NINETY-FIVE AND
SEVENTY-FOUR CENTAVOS (Php 119,095.74) Philippine Currency, which is
payable upon fulfillment of all the conditions stipulated under paragraph 2 of the
covenant and stipulations agreed in the Deed of Conditional Sale and that the title
and ownership over the subject property will only be transferred upon full payment
of the same;
10. That up until the execution of this affidavit none of the undertakings on
the part of the SELLER as stipulated in paragraph 2 of the afore-mentioned
covenant is fulfilled and that I only received a photocopy of the Affidavit of Waiver;
11. That sometime on November 2023, a certain JUSTIANIANE ABAMEL, a

broker, informed and notified me in person that the SELLER already sold to a
certain FELIX VENSON A. CHUA, her property, a parcel of land located in
Poblacion, San Francisco, Surigao del Norte, including the portion which was the
“SUBJECT PROPERTY” in the Deed of Conditional Sale that I entered with her
sometime in September 12, 2020;
12. That I already exerted reasonable efforts to contact the SELLER for the
possible rescission of the contract and the full payment of the cash advances that I
made to the seller but to no avail;
13. That the Mrs. Adelaida C. Toca showed laxity to settle her obligation to
me and that that there is evident intent of defrauding and causing damage or
prejudice capable of pecuniary estimation to me and my heirs;
14. That unless an adverse claim is annotated on the Transfer Certificate of

Title, I and my heirs are in danger of being defrauded and deprived of our right over
the subject property; and
15. That I am executing this Affidavit for the purpose of attesting to the
truthfulness and veracity of the foregoing allegations and for all legal intents and
purposes which includes but not limited to my request for the annotation of an
adverse claim over the parcel of land described hereof as soon as the seller acquires
Transfer of Certificate of Title thereof.
IN WITNESS WHEREOF, I have affixed my signature this 25th of May 2024

in Surigao City, Philippines.
MA. VICENTA ESPINA VILLAMOR

Affiant
Signed in the presence of:
_______________________________ _______________________________
ACKNOWLEDGEMENT
Republic of the Philippines )

Province of Surigao del Norte )
City of Surigao ) S.S
BEFORE ME, a Notary Public, for and in the City of Surigao and the
Province of Surigao del Norte, this 25th day of May 2024 at the place above-written,
personally appeared MA. VICENTA ESPINA VILLAMOR exhibiting to me her Unified
Multi-Purpose ID with CRN-006-0106-2036-4 issued on October 30, 2018 at
Surigao City known to me and to me known to be the same person who executed
the foregoing AFFIDAVIT OF ADVERSE CLAIM, signed by her in the presence of two
(2) witnesses who likewise signed in her presence, and they acknowledged to me
that the same is their free and voluntary act and deed.
WITNESS MY HAND AND NOTARIAL SEAL, this 25th day May 2024, at
Surigao City, Philippines.

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AFFIDAVIT OF ADVERSE CLAIM

I, MA. VICENTA ESPINA VILLAMOR, of legal age, Filipino, married and a

1. That on September 12, 2020, I have entered into a Deed of Conditional

A parcel of land, Lot No. 1706-B, Plan No. PSD-13-024188,

4.That as stipulated in the Deed the remaining TWO HUNDRED THOUSAND

5. That it was acknowledged by both parties in the Deed of Conditional Sale

7. That in the Deed, the BUYER undertakes to advance all reasonable

8. That sometime from October 2020 to March 2021, I tendered additional

11. That sometime on November 2023, a certain JUSTIANIANE ABAMEL, a

14. That unless an adverse claim is annotated on the Transfer Certificate of

IN WITNESS WHEREOF, I have affixed my signature this 25th of May 2024

MA. VICENTA ESPINA VILLAMOR

Signed in the presence of:

Republic of the Philippines )

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