Republic of the Philippines

Department of Environment and Natural Resources

DENR-CENRO - ARGAO
Region VII, Argao, Cebu, Philippines

N RE: IN THE MATTER OF CANCELLATION OF

FREE PATENT APPLICATION ON LOT NO. 8983,
CAD. 463-D, SITUATED AT PITALO, SAN FERNANDO,
CEBU, UNDER FPA NO. 0722431-2042 IN THE NAME
OF ANA MARIE U. BRESSON

PROTEST NO. ___

ALENJANDRA CAVAN GENERALE, represented by

MAMERTO ENCABO GENERALE
Protester,
x--------------------------------------------------------------x

PROTEST
COMES NOW, the protester, through undersigned counsel, and unto
this Honorable CENRO OFFICER OF DENR-CENRO, ARGAO, CEBU,
most respectfully avers:

1) That Protester, is a Filipino, of legal age, widow, and a resident of

Magsaysay, Davao Del Sur, duly represented by MAMERTO
ENCABO GENERALE by virtue of a Special Power of Attorney,
hereto attached as Annex “A” and made an integral part hereof;

1) That the subject matter of this protest is a parcel of land that

LOT NO. 8983, CAD. 463-D, situated at Pitalo, San Fernando,
Cebu;

2) Based on the records of the DENR, CENRO Argao, Cebu, a certain

ANA MARIE U. BRESSON had filed an application a Free Patent
Application on LOT NO. 8983, CAD. 463-D, under FPA No.
0722431-2042;

3) That the protester signify her objection to the Free Patent

Application on LOT NO. 8983, CAD. 463-D, under FPA No.
0722431-2042 as she is the owner of the above –mentioned
parcel of land subject of the Free patent Application;

4) That to further prove the protester’s claim, the document used by

ANA MARIE U. BRESSON in transferring the tax declaration of the
said parcel of land is a Deed of Adjudication executed by her and
Vincent Anthony Umbay stating that they are the lawful, absolute
 and legal heir of the Teodoro Generale and Alejandro Cavan. A
copy of the Deed of Adjudication is hereby attached as Annex “B”;

5) That in truth and in fact, ANA MARIE U. BRESSON and VICENTE

ANTHONY UMBAY are not the direct compulsory heirs of Teodoro
General;

6) That the herein protester is the wife of the late Teodoro Generale.
Likewise, the protester is the owner of the said lot as she is the
same Alejandro Cavan mentioned in the previous tax declaration of
the said lot. Her name was erroneously entered thereto as
Alejandro instead of Alejandra. Copy of the Certificate of Marriage
between the Protester and Teodoro Generale and the Death
Certificate of Teodoro Generale is hereby attached as Annex “C”
and “D”, respectively;

7) That the Deed of Adjudication is a falsified document as the

protester is still alive being the owner of the lot. The protester was
declared by ANA MARIE U. BRESSON and VICENTE ANTHONY
UMBAY as being dead wherein truth and in fact she is very much
alive;

8) That upon knowing that the tax declaration of the subject lot was
transferred in the name of ANA MARIE U. BRESSON and
VICENTE ANTHONY UMBAY, the protester through her attorney-
in-fact immediately executed an Affidavit Of Adverse Claim on the
Free Patent Application of ANA MARIE U. BRESSON, claiming that
the latter is not the owner of the aforesaid subject lot;

PRAYER
WHEREFORE, it is most respectfully prayed before this Honorable
Department of Environment and Natural Resources (CENRO) ARGAO-
CEBU to reject the application for titling or Free Patent Application of
ANA MARIE U. BRESSON under FPA No. 0722431-2042 for being not
the proper party to apply the same as the latter is not the owner of the
subject lot;

Other relief’s just and equitable are likewise prayed for.

Respectfully submitted, March 20, 2019 at City of Naga, Cebu,
Philippines.

DAVIDE & SUSUSCO LAW OFFICE

COUNSEL FOR THE PROTESTER
Central Poblacion, City of Naga, Cebu
Tel. No. (032) 2392808
By:

ATTY. GIOVANNI D. SUSUSCO

IBP Cebu City No. 023763 on 1-03-2018
PTR No. 3018163/ 2-07-2018/ Cebu Province
Roll of Attorneys No. 53097
 Admitted to the Bar on April 26, 2007
MCLE COMPLIANCE NO. V-0008256
VERIFICATION

I, MAMERTO ENCABO GENERALE, Filipino, of legal age, and a

resident of North Poblacion, San Fernando, Cebu, Philippines, after
having been duly sworn in accordance with the law, hereby depose and
state:

1) That I am the duly representative of the protester in the

above-entitled protest;

2) That we have read the contents of the foregoing protest and

the allegations therein are true and correct to the best of our
knowledge or authentic records;

IN WITNESS WHEREOF, I have hereunto set our hand this _____

day of __________ 2011 at Cebu City, Philippines.

________________________________
MAMERTO ENCABO GENERALE
Affiant

SUBSCRIBED AND SWORN to before me this ______day of

___________2019 at Naga City, Cebu, Philippines.

Doc. No. ___

Page No. ___
Book No. ___
Series of 2019