Beruflich Dokumente
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` 2. That he is a co-owner of (Lot nos. 1205 & - There is no proof that Tax Declaration
said lots in the Tax Declaration No. Sale of NEMESIA RIVERA was mentioned
3. The 1993 Civil Case for the Annulment of Sale The Absolute Deed of Sale was executed by
File before RTC BRANCH 55, Mandaue City which NEMESIA RIVERA, over a property declared in
was decided on May 24, 1990.. Tax Declaration No. 26980 (please read 2nd
RIVERA.
The late LORETO JUDAYA nor ILUMINADA
Instrument;
LORETO JUDAYQ;
described as follows:
more or less.
Jurisdiction.
4. – No # 4 allegation
6. There no motion attached to the addressed to the Sheriff dated June 10,
this case;
(In No. 5 of the said Complaint in Nothing has been mentioned in the said
Civil Case No. MAN 18736 for Deed of Absolute Sale about Angelo Mayo
Entered into a Deed of Conveyance over one that cancelled Tax Declaration No. ____
Half portion of the above described in the name of ROBERTO RIVERA, subject
withArt. 172 of the Civil Code, copy contained ___ square meters.
Boundaries:
Habagatan:Silverio Lauron
Area of .4128
#7. Allegations in par. 6 pertaining to the Motion of the The property claimed by NEMESIA
The Plaintiff, which was not annexed to the Complaint as reconveyed by the Sheriff is
Only the DEED OF RECONVEYANCE was attached as Annex D. ENOC, JR., ,Sheriff – RTC -
“2” and as ackniowledged before Atty. Cyril Bryan D. Branch 55, Annex ____)
Acknowledgment, to wit:
No bearing to the Tax Declaration in the Should refer to Tax Declaration No.
land)
a co-owner -
as of date herein.
3. Lot DATA/ claimant LORETO JUDAYA, LORETO JUDAYA has been in lawful,
of Lot 1205 issued in year 1988 continuous, open, public, notorious
In Cadastral Survey 545, Consolacion possession of LOT 1205 since time
4. Cadastral Map of Lot 1205 with the Cadastral map for Lot 1205 to show
Name of LORETO JUDAYA imprinted thereon; the possession of LORETO JUDAYA
over the property;
5. That ZOILA MAQUILAN, sister of LORETO Tax map on file with the Assessor’s
JUDAYA, in the Tax Mapping Record on Office of Consolacion, Cebu;
file with the Assessor’s Office also stayed
in the said lot.
Dated April 4, l990 referring to the release has been paid to LORETO JUDAYA,
of mortgage
---Nowhere in the DECISION, the proof that TX DECLARATION No, 26980 was attached nor
touched to prove the metes and bounce of the property of NEMESIA RIVERA, which is the
Basis of the Absolute Deed of Sale from whence it derived the declaration of ownership from
Tax Declaration No. o06231 cancelled by Tax Declaration No. 10632 in the name of ROBERTO
RIVERA, bearing the same boundaries, no mention about LOT 1205 registered in the name
of LORETO JUDAYA.
That LOT 1205 is lawfully owned by LORETO JUDAYA, the said LOT 1205 is not owned by
NEMESIA RIVERA;
The basis of the claim of JOSELITO MAYOL – he failed to present his proof as heir and the
subject of the property sold to LORETO JUDAYA is not identified, nowhere to be located,
deceiving LORETO JUDAYA of the exact location of property described in the Tax Declaration
No. 26980.