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Republic of the Philippines)

Province of Quirino)
Municipality of Diffun)s.s.


I, ARSENIA ESTEBAN-RASCO, of legal age, married, Filipino and a

resident of Barangay Rizal, Santiago City, Isabela after having been duly
sworn to in accordance with law, do hereby depose and say that:

1. I am the surviving heir of Atty. Gerardo Viterbo, Sr. who is the owner
of certain parcels of land including Lots 903, Lot 699, Lot 2800, Lot
and 2000 all of Pontevedra Cadastre;

2. The above mentioned parcels of land including Lot 847 (now sold and
transferred to Nadie Tumlos) were acquired by virtue of Deed of Sale
by my late husband from the Pres. Roxas Rural Bank, Inc., attached is
a copy of the Deed of Sale as Annex “A”;

3. Lot 699 and Lot 2800 were already transferred in the name of my late
husband, however, Lot 903, 2000 and 847 is still declared under the
name of Pres. Roxas Rural Bank, Inc.;

4. Further, to support my claim of ownership over the said parcels of land,

these were all registered as evidenced by the Certificate of Registration
issued by the Bureau of Internal Revenue, attached as Annex “B”;

5. In April 6, 2006, Josephine Viterbo- Baradi, filed a case for Annulment

of Documents and Damages involving the above- mentioned parcels
of land, however, such case was decided upon by Hon. Esperanza
Isabel E. Poco- Deslate in my favour dismissing the case motu propio
in an Order dated October 5, 2006. Attached is a copy of the Order, as
Annex “C”;

6. However, they appealed the case before the Court of Appeals which
was also DISMISSED in a Resolution dated 24 May 2011, a copy is
attached as Annex “D”;

7. Sometime in March, 2017, it came to my knowledge that Tomas

Viterbo et. al, filed an Application for Registration for Lots 903 and
2800 before the Office of the Department of Natural and Environment
Resources, Capiz which is now pending;
8. Hence, I am registering my PROTEST for the said Application of
Registration over Lot 903 and 2800 filed by Tomas Viterbo,,
before your Office;

9. Such processing and issuance of these titles must not be entertained

by your Office pending the Decision of the Court of Appeals or until it
reached Finality for it is prejudicial to my interest since the issues to
be resolved before the court will determine the validity of the Deed of
Sale executed between my late husband and the Pres. Roxas Rural
Bank, Inc., hence upholding the absolute ownership of my late
husband over the parcels of land involved in this controversy;

10. Hence, I am emphasizing that Lot 699, 2800, 903, 2000 and 847
all under Pontevedra Cadastre are owned and acquired by my late
husband by virtue of Deed of Sale. Therefore, by operation of law, I
am the true and lawful owner of the aforementioned lots.

11. Based on the foregoing, Tomas Viterbo,, must not be

allowed to process and register the above- mentioned parcels of land
in their name prior the pendency of an Order of Finality and Execution
from the Decision of the Court of Appeals. Thus, I am requesting your
Office to REGISTER MY PROTEST on the Application of Registration
pending before your Office;

12. I am executing this affidavit for all legal intents and purposes
and the same was made according to our own free will and volition.

IN WITNESS WHEREOF, I have hereunto affixed my signature, this

__________________ at Roxas City, Capiz, Philippines.


SUBSCRIBED AND SWORN to before me this ____________________

at Roxas City, Capiz, Philippines. I further certify that the Affiant freely
executed and understood his Affidavit.

Cc: REGIONAL DIRECTOR/ The Chief of Surveys and Mapping Division/ The Chief of Legal Services
Division, DENR Regional Office VI, Iloilo City