Affidavit of Adverse Claim

Republic of the Philippines)
Province of Nueva Ecija ) S.S.

Municipality of San Isidro )
x-------- ----------------x
AFFIDAVIT OF ADVERSE CLAIM
I, ISIDRA F. VICENIO, of legal age, Filipino, widow, and a resident of

Brgy. Pulo, San Isidro, Nueva Ecija, after having been sworn to in accordance
with law, depose and say:
1. That on May 3, 2018, Spouses Mario S. Millar (“Mario”) and

Milagros M. Millar (“Mila”) (the spouses are hereinafter referred to as “Sps.
Millar”, for brevity), both of legal age, Filipinos, and residents of Brgy. Pulo, San
Isidro, Nueva Ecija, borrowed money in the amount of five hundred thousand
pesos (Php500,000.00) from me.
2. I agreed to lend the said amount to Sps. Millar due to their

commitment to provide a collateral over a parcel of land which they represented
to be as their own property, albeit the title bearing the name of Gervacio
Francisco Millar, who was the deceased father of Mario. Furthermore, the Sps.
Millar claimed that they will arrange the transfer of title to their respective names
at a later date.
3. On the same day, the Sps. Millar gave me the original Transfer
Certificate of Title (“TCT”) No. EP-73678 (now, TCT No. 041-2022004346) over
the aforementioned parcel of land to serve as a security of the loan. The
execution of the loan agreement and its security/collateral over a parcel of land,
and the receipt of the loan proceeds by Mario, are all evidenced by a Katibayan
dated May 3, 2018. A copy of the Katibayan is attached hereto and made an
integral part hereof as Annex “A”.
4. The security/collateral over the parcel of land gave me the right to

use or till the land for a period of three (3) years from the date of execution of the
loan or until the loan amount has been paid (“the Stipulation”).
5. The parcel of land has an area of 9,923 square meters (sqm.) and is
located at Barrio Pulo, San Isidro, Nueva Ecija, more particularly described as
follows:
TCT. NO. EP-73678 (NOW, TCT NO. 041-2022004346)
A PARCEL OF LAND (LOT 3 OF THE SUBDIVISION PLAN, PSD-

03-031433 (OLT) BEING A PORTION OF LOT 2089, SAN ISIDRO
CAD., L.R.C. REC. NO. ), SITUATED IN THE BARRIO OF PULO,
MUNICIPALITY OF SAN ISIDRO, PROVINCE OF NUEVA ECIJA.
BONDED ON THE NE., ALONG LINE 1-2 BY LOT 5; ON THE SE.,
ALONG LINE 2-3 BY LOT 6; BOTH OF THE SUBDIVISION PLAN;
ON THE SW., ALONG LINE 3-4 BY SAN ISIDRO CADASTRE; ON
THE NW., ALONG LINE 4-5 BY LOT 2; AND ON THE NE., ALONG
LINE 5-6 BY LOT 4; AND ALONG LINE 6-1 BY LOT 5; ALL OF THE
2
SUBDIVISION PLAN. BEGINNING AT A POINT MARKED “1” ON

PLAN BEING S. 77 DEG. 59’W., 761.78 M. FROM BLLM NO. 17,
SAN ISIDRO CADASTRE. THENCE S. 05 DEG. 52’E., 8.80 M. TO
POINT 2; THENCE S. 81 DEG. 36’W., 151.75 M. TO POINT 3;
THENCE N. 06 DEG. 21’W., 62.37 M. TO POINT 4; THENCE N. 79
DEG. 37’E; 154.03 M. TO POINT 5; THENCE S. 04 DEG. 29’E., 35.57
M. TO POINT 6; THENCE S. 04 DEG. 30’E., 23.47 M. TO THE POINT
OF BEGINNING, CONTAINING AN AREA OF NINE THOUSAND
NINE HUNDRED TWENTY THREE (9,923), SQUARE METERS.
ALL POINTS REFERRED TO ARE INDICATED ON THE PLAN
AND ARE MARKED ON THE GROUND AS FOLLOW: POINT 4 BY
OLD PTS. AND THE REST BY OLT CYL. CONS. MONS., 15 X 40
CMS. BEARINGS TRUE; DATE OF THE ORIGINAL SURVEY MAY
1926-AUGUST 1927 AND THAT OF THE SUBDIVISION SURVEYS
JANUARY 15, 1989 AND WAS APPROVED ON AUGUST 2, 1989.
6. On May 29, 2019, Mila instead offered to sell the parcel of land
(security/collateral) to me for an additional Php500,000.00 (therefore, the sale
amount is at Php1 million, including the first Php500,000 given to the Sps. Millar
by way of loan). However, considering that the transfer of title to the Sps.
Millar’s names was still not arranged, I decided to give only an additional
Php300,000.00, which served as an amendment to the original loan agreement,
evidenced by the aforementioned Katibayan. This time, the amended loan
agreement (with the total loan amount of Php800,000.00) was evidenced by a
Kasunduan dated May 29, 2019, which was executed before the Office of the
Punong Barangay. The said Kasunduan contains the Stipulation previously
mentioned (with an amended reckoning date of May 29, 2019). A copy of the
Kasunduan is attached hereto and made an integral part hereof as Annex “B”.
7. Nonetheless, we had an internal agreement that once the title has

been legally transferred to them, an additional two hundred thousand pesos
(Php200,000.00) will be given by me and a Deed of Absolute Sale will be made.
8. In August 2021, Mila approached me and asked for the copy of the
original title for the reason that they will process the transfer of title so that we
can proceed with our internal agreement. In good faith, I decided to return the
original copy of the title to her. Little did I know that I was already being
deceived by Mila.
9. Thereafter, I have made several follow-ups on the status of the

transfer of title and/or demands for the Sps. Millar to return the title to
continually serve as my security over the Php800,000.00 loan. However, all my
requests remained unheeded.
10. To date, the entire loan amount of Sps. Millar remains unpaid, and
the internal agreement between the parties to execute a subsequent sale never
pushed through.
11. It has very recently come to my knowledge that the Sps. Millar was
able to transfer the title to their names, now under TCT No. 041-2022004346, and
therefore, I am executing my right to protect my claim over the security of the
3
loan, unless and until the amount that they were able to borrow from me is paid
in full.
12. That unless an adverse claim is annotated on the afore-described

Transfer Certificate of Title, my right over the security of the loan is in danger of
being impaired, and as such, I am executing this Affidavit in support of my
request for the annotation of an adverse claim over the parcel of land described
herein.
IN WITNESS WHEREOF, I have hereunto set my hand this

_____________, in the Municipality of San Isidro, Nueva Ecija, Philippines.
ISIDRA F. VICENIO
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME THIS _____________,

Affiant personally presented to me her _____________ ID, bearing No.
________________, and issued/expiring on __________________, issued at
_____________________, as a valid and acceptable proof of her identity.
Doc. No. _______;

Page No. _______;
Book No. _______;
Series of 2022.

Affidavit of Adverse Claim

Uploaded by

Copyright:

Available Formats

Affidavit of Adverse Claim

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Affidavit of Adverse Claim

Uploaded by

Copyright:

Available Formats

Republic of the Philippines)

Province of Nueva Ecija ) S.S.

AFFIDAVIT OF ADVERSE CLAIM

I, ISIDRA F. VICENIO, of legal age, Filipino, widow, and a resident of

1. That on May 3, 2018, Spouses Mario S. Millar (“Mario”) and

2. I agreed to lend the said amount to Sps. Millar due to their

4. The security/collateral over the parcel of land gave me the right to

TCT. NO. EP-73678 (NOW, TCT NO. 041-2022004346)

A PARCEL OF LAND (LOT 3 OF THE SUBDIVISION PLAN, PSD-

SUBDIVISION PLAN. BEGINNING AT A POINT MARKED “1” ON

7. Nonetheless, we had an internal agreement that once the title has

9. Thereafter, I have made several follow-ups on the status of the

12. That unless an adverse claim is annotated on the afore-described

IN WITNESS WHEREOF, I have hereunto set my hand this

SUBSCRIBED AND SWORN TO BEFORE ME THIS _____________,

Doc. No. _______;

You might also like