Republic of the Philippines )

Province of Laguna ) Sc.

City of Cabuyao )

AFFIDAVIT OF ADVERSE CLAIM

I, REYNALDO B. BAUTISTA, of legal age, Filipino, married and with residence

and postal address at 123 Brgy. Marinig, City of Cabuyao, Laguna, after having been
duly sworn to in accordance with law, hereby depose and state, THAT:

1. On August 13, 2003, my elder sibling, Alberto B. Bautista, of legal age,

Filipino, married to Mercia V. Bautista and with residence at Phase 2-2 Block 15 Lot 10,
Pacita Complex I, San Pedro, Laguna, mortgaged to Banco Filipino Savings and
Mortgage Bank with principal place of business at 101 Paseo de Roxas, Makati City as
security for the payment of a loan in the sum of Two Million Pesos (PhP 2,000,000.00)
the real properties described in Transfer Certificate of Title (TCT) No. T-17314
registered in the name of said Alberto B. Bautista;

2. For and in consideration of Two Million Pesos (PhP 2,000,000.00), my

brother Alberto B. Bautista (brother Alberto) sold to me one-half (1/2) of the portion of a
parcel of land or equivalent to Two Hundred Twenty Five (225) square meters located at
Block 76 Lot 4 Fort Bonifacio, Taguig City covering Transfer Certificate of Title No. T-
17314. My brother told me that the amount involved in the sale of the lot would be used
for the payment of loan he earlier contracted with Banco Filipino Savings and Mortgage
Bank and the eventual cancellation of the real estate mortgage involving the same lot.
After giving to my brother the amount of Two Million Pesos (PhP 2,000,000.00) as
consideration of the sale, he turned over to me the Owner’s Copy of TCT No. T-17314;

3. However, my brother Alberto intimated to me that he needed to pay the

interest of the principal amount of the loan he contracted from Banco Filipino Savings
and Mortgage Bank amounting to One Million Three Hundred Thousand Pesos
(1,300,000.00). As younger brother, I agreed with my brother Alberto to pay to Banco
Filipino Savings and Mortgage Bank the said interest amounting to One Million Three
Hundred Thousand Pesos (1,300,000.00) hence, the total amount I gave to my brother
Alberto is Three Million Three Hundred Thousand Pesos (PhP 3,300,000.00);

4. On April 20, 2011, my brother Alberto, without my knowledge and consent,

sold one-half (1/2) portion of the lot to one (1) Hazel Ruth A. Taparan married to Francis
Carlo D. Taparan for the sum of Two Million Two Hundred Fifty Thousand Pesos;

5. On December 29, 2011, my brother Alberto, without my knowledge and

consent, executed a notarized letter-request filed with the Registry of Deeds of Province
of Rizal requesting cancellation of TCT No. T-17314 hence, TCT No. T-17314 was
cancelled and two (2) new Transfer Certificate of Titles were issued namely, Transfer
Certificate of Title (TCT) No. 164-2012000108 in the name of Hazel Ruth A. Navaja
Taparan and TCT No. 164-2012000109 in the name of my brother Alberto B. Bautista;

6. On October 27, 2014, I secured an electronic copy of TCT No. T-17314 but I
found out that it was already cancelled. When I checked the Memorandum of
Encumbrances in the said document, I learned that my brother Alberto filed an Affidavit
of Loss with the Registry of Deeds for the Province of Rizal duly recorded on April 8,
2011. I also learned from the same document that my brother Alberto filed a Petition for
the Issuance of Owner’s Duplicate Copy of TCT No. T-17314. Hence, by virtue of a
court order issued by the Regional Trial Court (RTC), National Capital Judicial Region
(NCJR) of Pasig City, Branch 70, a new owner’s duplicate copy of the subject title was
issued to my brother Alberto B. Bautista;

7. My brother Alberto, through fraud and misrepresentation, declared as lost

the owner’s duplicate copy of TCT No. T-17314 when in truth and in fact, it is existing
and the same is in my possession from the time I gave him the sum of Two Million
Pesos (PhP 2,000,000.00) as consideration of the sale we earlier entered into involving
one-half (1/2) of the portion of the parcel of land or equivalent to Two Hundred Twenty
Five (225) square meters registered in my brother’s name;

8. To forestall the possibility of my brother Alberto disposing or encumbering

the parcel of land measuring Two Hundred Twenty Five (225) square meters covered
by TCT No. 164-2012000109 registered in his name, I would like that my adverse claim
be annotated in the said title;

9. I executed this Affidavit for the purpose of requesting the proper

authority to record my ADVERSE CLAIM of the parcel of land measuring Two
Hundred Twenty Five (225) square meters covered by Transfer Certificate of Title
No. 164-2012000109 registered in the name of my brother Alberto B. Bautista
located at Block 76 Lot 4 Fort Bonifacio, Taguig City.

IN WITNESS WHEREOF, I have hereunto signed this 10th day of November

2014 at City of Cabuyao, Laguna.

REYNALDO B. BAUTISTA
Affiant

SUBSCRIBED AND SWORN to before me this 10th day of November 2014.

Affiant exhibited to me his government-issued identification card _________________
as competent evidence of his identity.

Doc. No. ____

Page No. ____
Book No. ____
Series of 2014.