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Protest Showalter
Protest Showalter
PROTEST
The protestant is a Filipino citizen, of legal age, widow and a resident of Barangay
Quirino, Bagabag, Nueva Vizcaya. Respondent VILLAMOR C. ESTABILLO, Jr., is also a
Filipino citizen, of legal age, married and a resident of Tuao South, Bagabag, Nueva
Vizcaya;
The respondent filed an Application for Free Patent Application over a tract of
agricultural land situated in Singian Mountain, Barangay Sta. Cruz, Tuao South, Bagabag,
Nueva Vizcaya which tract of land is described as Lot 28, Csd, port. of Lot 160, Cad 233
with an area of 0.9130 hectares, more or less;
Even before the year 1989, Federico Rabonza, deceased husband of protestant, has
been in open, continuous and exclusive and notorious possession of the tract of land in
question, which was then planted with trees as evidenced by an Affidavit of Two
Disinterested Persons hereto attached as Annex A;
Sometime in the year 1989, Protestant learned that respondent Villamor C. Estabillo,
Jr., started cutting the trees planted by the Spouses Rabonza on the above-mentioned tract
of land which prompted the Spouses to file a complaint with the Office of the Punong
Barangay against respondent;
Without knowledge of the protestant, and despite the earlier case filed in the
barangay and with knowledge that another person is claiming possession under a bonafide
claim of acquisition of ownership over the above-described tract of land, respondent filed a
Free Patent Application with the DENR with office at CENRO Bayombong, Nueva Vizcaya
covering the above described parcel of land, alleging by way of misrepresentation that since
1972 he has been in possession of the land. In addition to this, respondent attached an
Affidavit of Two Disinterested Person in his Patent Application signed by Roger F. Sebastian
and Michelle B. Balaswit, however, the two named persons wrote a letter of recantation,
dated March 23, 2017, stating that they are withdrawing the Joint Affidavit in Support of the
Free Patent Application of respondent knowing that another person is claiming ownership
over the tract of land. (A machine copy of the Letter is hereto attached as Annex B of this
protest). Hence, this protest.
LYDIA D. RABONZA
Protestant
We, AVELINA T. CADIENTE and ADELINA D. MENDEZ both of legal age, Filipino
citizens, widows and residents of Barangay Sta. Cruz, Bagabag, Nueva Vizcaya, after
having been duly sworn to in accordance with law hereby depose and state that:
2. As acquaintances, we know for a fact that she and her deceased husband owns
and cultivated a tract of land located at Singian Mountain, Barangay Sta. Cruz,
Tuao South, Bagabag, Nueva Vizcaya since 1989;
3. We hereby certify under oath that LYDIA D. RABONZA has been in possession
under a bonafide claim of acquisition of ownership over a tract of land located in
Singian, Barangay Sta. Cruz, Tuao South, Bagabag, Nueva Vizcaya;
4. This affidavit is hereby executed for whatever legal intent or purpose it may serve
under the foregoing premises.