REPUBLIC OF THE PHILIPPINES)
CITY OF CALOOCAN )S.S.
AFFIDAVIT OF ADVERSE CLAIM
I, ELPIDIO A. AGCAOILI, of legal age, widower, Filipino and with residence
and postal address at 261 Baesa Rd., Sta. Quiteria, Caloocan City, after having duly
sworn to in accordance with law, hereby depose and state:
1. That I am the registered owener of a certain parcel of land situated at 261
Baesa Rd. Sta. Quiteria, Caloocan City covered by TCT No. 58169, copy of
which is hereto attached as Annex “A”;
2. That sometime on the year May 2012 I tried to mortgage said property for a
loan of P 4.5 million. A certain MYRNA DEL ROSARIO referred to me a
financier who can give me the said loan amount. Said MYRNA DEL
ROSARIO introduced to me MAILEEN C. LAROZA and MARIBEL
LAROZA who told me that they can lend me money:
3. They made me sign a blank Deed of Absolute Sale and a Memorandum of
Agreement, copy hereof is hereto attached as Annex “B” and “C”
respectively;
4. After signing the Deed of Absolute Sale I was told to give to them the
original of my owner’s duplicate copy of TCT No. 58169, On the belief that
they are indeed financiers who always have money, I trusted them and gave
them my title, copy of the receipt of the title is hereto attaché as Annex “D”;
5. I was duped by their sweet talkings and strong promises that they will give
me the money but after long period of waiting, they did not give me the loan
money I requested them;
6. On January 2013, when I paid the real property taxes with the Caloocan
City Hall, I discovered that the tax declaration is already in the name of
MAILEEN C. LAROZA. I was greatly surprised because all along I knew
that the mortgage deal was already cancelled because they never gave me
the money;
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7. I went further verification with the Register of Deeds, and I found out that
the title was indeed transferred to MAILEEN C. LAROZA;
8. That said MAILEEN C. LAROZA used the blank Deed of Absolute Sale
which I signed before and falsified and forged my wife’s signature who was
already dead on September 16, 2011;
9. That I did not appear in any notary public regarding the documents of sale
neither my wife who was already dead because I have no intention to sell
my property. Our transaction is only mortgage and they did not give me any
money at all.
10. That due to the fraud perpetuated by MAILEEN C. LAROZA and her
cohorts against me I hereby file this adverse claim to inform the public that I
am the true owner of the subject property and have an adverse claim over
the property now covered by TCT No. 001-201 2002485 now in the name of
MAILEEN C. LAROZA;
11. That I am executing this affidavit to attest to the truth of the foregoing facts
and for whatever purpose/s it may legally served.
AFFIANT SAYETH NAUGHT.
ELPIDIO A. AGCAOILI
Affiant
SUBSCRIBED AND SWORN to before me this _________ day of
_________________ at Caloocan City, Metro Manila. Affiant exhibited to me his
______________________.
Doc. No. ___________ ERNESTO G. DEL ROSARIO
Page No. ___________ Notary Public
Book No. __________ Until DEC. 31 2013
Series of 2013 PTR NO. 5551210- 01/02/2013 C.C.
MCLE CERTIFICATE NO. IV-0002144
ROLL No. 36143