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REPUBLIC OF THE PHILIPPINES )

ZAMBOANGA CITY )S.S.

AFFIDAVIT OF ADVERSE CLAIM

We, Spouses MICHAEL ABUTAZIL and NAHDA ABUTAZIL , of


legal age, Filipinos citizen, residing at Tetuan, Zamboanga City,
after having been sworn in accordance with law, do hereby state
that:

1. On May 10, 2016, we entered into a Deed of Absolute


Sale with MARLON C. MANAS, of legal age, married to Jocelyn
Cloma Manas, of legal age, Filipino and resident of Lower Calarian,
Zamboanga City, over a parcel of land located at Sinunuc,
Zamboanga City, covered by TCT No. 129-2012001497 and more
particularly described as follows:

“A parcel of land (Lot 1-J ) of the subdivision


plan, Psd- 09-02945, being a portion of the Lot 1,
PCS- 09-001743, situated in the Barangay of
Sinunuc City of Zamboanga, containing an area
of THREE HUNDRED (300) Square Meters, and
covered by Transfer Certificate of Title No. 129-
2012001497 issued by the Register of Deeds of
Zamboanga City.”

A machine reproduction copy of said Deed of Absolute Sale in


the amount of P80,000.00, notarized before Notary Public Yaser H.
Apion (Doc. No. 79; Page No. 16; Book No. 55; Series of 2016) is
attached as ‘Annex A’ and made an integral part hereof.

2. In the process of transferring the ownership of the


above-described property we found out that the Owners Duplicate
copy of Transfer Certificate of Title No. T-129-2012001497, is not
given with us, instead they only give a machine copy of said TCT-
129-2012001497;

A machine copy of said Transfer Certificate of Title is attached


as “Annex B” and made an integral part hereof.

3. Since we will need the Owner ’s Duplicate of said TCT


No. 129-2012001497 to surrender the same to the appropriate
government agency and complete the process of transfer of
ownership, we sought the same from the seller, Marlon C. Manas
married to Jocelyn Cloma Manas, who then handed to us said
machine copy of Transfer Certificate of Title, for this reason said
Marlon C. Manas married to Jocelyn Cloma Manas is no longer living
in the Philippines,;
4. To our complete surprise, we were informed that the
document we had in our custody, said Owner ’s Duplicate of TCT No.
129-2012001497 “is only a machine reproduction of Owner ’s
Duplicate Certificate of Title;

5. Among the bases for this declaration coming from the


Register of Deeds was the fact that the Original Copy of TCT No.
129-2012001497, which is necessarily a machine copy of the
Owner ’s Duplicate certificate does not resemble the certificate of
title provided us by the sellers, Marlon C. Manas married to Jocelyn
Cloma Manas.

7. On account of the foregoing circumstances, we are


extremely apprehensive and fearful that our hard-earned money,
used as payment for the property covered by TCT No. 129-
2012001497 may be lost. We are constrained to resort, declare and
protect our rights to the property covered by said certificate of title,
which rights emanate from our purchase of said property, as adverse
to that of the present registered owner, Marlon C. Manas married to
Jocelyn Cloma Manas.

8. We are executing this Affidavit for purposes of attesting


to the truth thereof and to seek annotation of said Affidavit as an
Adverse Claim upon TCT No. 129-2012001497.

AFFIANT FURTHER SAYETH NAUGHT.

November ____, 2019, Zamboanga City

MICHAEL ABUTAZIL NAHDA ABUTAZIL

SUBSCRIBED AND SWORN to before me, a Notary Public for


and in Zamboanga City, this November ___, 2019, affiant exhibiting
to me their Identification Card to with;
MICHAEL ABUTAZIL
NAHDA ABUTAZIL - PRC- 0092874 03/01/2000

Doc. No. ______;


Page No. ______;
Book No. ______;
Series of: ______.

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