Republic of the Philippines

REGIONAL TRIAL COURT

Ninth Judicial Region
Branch _____
Zamboanga City
CHRISTOPHER DE LA PAZ,
Petitioner,

CADASTRAL CASE
CASE NO. _______
- for -

- versus -

CANCELLATION
OF THE
NOTICE OF ADVERSE CLAIM
ANNOTATED IN TRANSFER
CERTIFICATE
OF TITLE
NO. T-888,999

OFFICE OF THE CIVIL REGISTRAR,

REGISTRY OF DEEDS,
Respondent
xx

JUDICIAL AFFIDAVIT OF LEAH ANDAM

This Judicial Affidavit of Leah Andam, a witness as
the previous owner of the Property, is executed to serve as
her direct testimony in the instant case.
This Judicial Affidavit is being offered to prove:
A)
That there is no Adverse Claim against the
TCT No. 555,666;
B)
All the allegations in the Petition including all
annexes appended thereto and which were already marked
as exhibits during the Pre-Trial of this case;
C)
All other related matters, facts
circumstances relevant and material to this case.

and

This Judicial Affidavit was taken at the office of Atty. Kaiser

Adan Olaso at Ground Floor, Aguinaldo Building, Pilar St.,
Zamboanga City.
Questions were propounded by Atty. Kaiser Adan Olaso and
these questions are numbered consecutively and each
question is followed by the answer of the witness.
1.
Do you swear to tell the truth and nothing but the
truth?
I do.

2.
Are you aware that you may face criminal liability for
false testimony or perjury if you will not tell the truth?
I am.
3.

Please state your name, age address and occupation?

I am Leah Andam, 51 years old, married, and residing at #17

Campaner Street, Zamboanga City a housewife.
4. Do you know who is named as the owner of a property
in Campaner Street with the Transfer Certificate Title No.
555-666?
Yes. That person is me
5.
Do you know of any infirmity on the title of the said
property that you owned?
Yes, there was a Notice of Adverse Claim annotated on the
title.
6.

Why was there such an annotation?

It was because an adverse claim was filed against me by

Jose Pidal.
7. Who is this Mr. Jose Pidal?
He was the person on whom I owe a personal debt.
8. And how much did you owe Mr. Pidal
I owe him 600,000.00 Pesos including interest sir.
9. Was there any condition he asked before he granted you
the said loan?
Yes. He asked for a security.
10. And what was the security that you have given to him?
I posted my property as collateral to the security.
11. Did Jose Pidal accepted the property as collateral?
Yes Sir.
12. When the debt became due and demandable, where you
able to pay back the debt you owed Mr. Pidal?
No sir.
13. What did you do next?

I sold the said property to another in order to satisfy the

payment of the personal debt to Jose Pidal.
14. Where you able to find a buyer?
Yes, it was Mr. Christopher De La Paz who bought the said
property.
15. Did Mr. Pidal knew you were going to sell the property?
Yes, but his offer was very low, thats why I sold it to Mr. De
La Paz
16. What was the recourse of Mr. Pidal then?
He filed for the said adverse claim even before I completed
the sale with Mr. De La Paz.
17. After filling his Notice of Adverse Claim was there any
other action Mr. Pidal Filed?
No. there was no longer any action after the said filling.
18. What was the reason why he no longer proceeded in his
claims?
It was because we entered into an extrajudicial to pay him
what was due to him.
19. Was this extrajudicial settlement successful?
Yes. As he no longer pursued the said claim.
20. Was the personal debt to Jose Pidal extinguished
already?
Yes Sir.
21. After the sale was consummated, can you state to this
Honorable Court what happened?
Mr. Christopher de la Paz went to me and asked me about
the Adverse Claim filed by Jose Pidal.
22. What did you do next?
I assured him that there was no lien or encumbrances
against the property and the adverse claim does not exist.
And as such, the adverse claim against TCT No. 555,666 can
be cancelled and free the said TCT free from any lien and
encumbrances.
Affiant further sayeth naught.

LEAH ANDAM
Affiant
SUBSCRIBED AND SWORN to before me this _______________
at _______________, Affiant exhibiting to me her Passport
bearing No. SS12345678 issued on 8/9/12 and expiring on
8/8/17.

Doc No. ________;

Page No. _______ ;
Book No. _______;
Series of ________.

ATTESTATION
I hereby state, under oath, that I faithfully recorded the
questions I asked and the corresponding answers that the
witness gave and that neither I nor any other person present
or assisting me has coached the witness regarding the
latters statement.
ATTY.

KAISER

ADAN OLASO
SUBSCRIBED AND SWORN to before me this _______________
at Zamboanga City, Affiant exhibiting to me his drivers
license bearing No. N11-82-030573 expiring on 12/08/2014.

Doc No. ________;

Page No. _______ ;
Book No. _______;
Series of ________.

Copy Furnished:
Office of the City Public Prosecutor
Zamboanga City