Republic of the Philippines)

Quezon City ) S.S.

AFFIDAVIT OF ADVERSE CLAIM

We, Ramon Benjamin G. Roxas, Joseph Howard G. Roxas,

Anthony Martin G. Roxas, Meliza Adelia G. Roxas-Rodriguez, Ma.
Corazon G. Roxas-Aquino and Ferdinand G. Roxas, all heirs of Cesar
Roxas Filipinos, of legal age and with residence at
________________________________City after being sworn to in
accordance with law hereby depose at state that:

1. We are the lawful and legitimate owners of a parcel of land

registered and covered by Transfer Certificate of Title No.004-
2013009685 , more particularly described as follows to wit:

TRANSFER CERTIFICATE OF TITLE NO.004-

2013009685

It is hereby certified that certain land situated in

Quezon City, Philippines, bounded and described as
follows:

A parcel of land (Lot 7-k-2-A of the subdn.plan Psd-

26193, being a portion of Lot 7-K-2 described on plan
PSD-23303, GLRO REC No. 917), situated in the Dist. Of
Cubao, Q.City.Bounded on the NE., by Estero Bulutan
and Lot 7-K-2-G of the subdn. Plan; on the SE., by RD. Lot
11, PCS-1065; on the sw., by lot 7-k-2-B of the Subdn, Plan
and on the NW., by estero Bulutan. Beginning at a pt.
marked “1’ on plan, being S.87 deg.52’W., 4700.22 M.
From BLLM1, Mariquina, thence S.80 deg. 49’W., 38.00 M.
to point 2; thence N.15 deg 28’W., 51.62 M. to Point 3;
thence S. 76 deg. 18’E., 20.14 M. to Point 4; thence N. 45
deg. 40’E., 28.00 M to point 5; thence S. 11 deg. 18’e., 59.59
m. to point of beginnings, containing an AREA OF ONE
THOUSAND NINE HUNDRED EIGHT SQ.METERS
(1980), MORE OR LESS. ALL POINTS REFERRED TO
ARE INDICATED ON THE PALN AND ARE MARKED
ON THE GROUND BY PLS CYL.CONC.MMONS. 15X 60
CM., EXCEPT POINT “$” WHICH IS BY OLD STONE;
BEARINGS TRUE; DECLINATION 0 DEG.11’E., DATE
OF THE ORIGINAL SURVEY, APRIL 8-JULY 14, 1920,
AND THAT OF THE SUBDN.SURVEY, APRIL 19-22,

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 1949. Is registered in accordance with the provision of the
Property Registration Decree in the name of

OWNER: BANK OF COMMERCE, A

COMMERCIAL BANKING CORPORATION
ORGANIZED AND EXISTING UNDER PHILIPPINE
LAWS
ADDRESS: San Miguel Properties Centre, 7 St. St.
Francis street, Ortigas Center, Madaluyong City

As owner thereof in fee simple, subject to such of

the encumbrances mentioned in Section 44 of said Decree
as may be subsisting.

MEMORANDUM OF ENCUMBRANCES

THE PARCEL OF LAND HEREINABOVE

CONVEYED SHALL BE USED ONLY FOR OFFICIAL,
COMMERCIAL OR EDUCATIONAL PURPOSES; THAT
EVERY HOUSE ERECTED THEREON SHALL HAVE TO
BE OF STRONG MATERIALS AND THAT FOR EVERY
BUILDING CONSTRUCTED THEREON THERE SHALL
BE PROVIDED A SEPTIC TANK 6X2-1/2X2-1/2
METERES TO BE KEPT AT ALL TIMES IN SANITARY
CONDITION (Copied from TCT no. 41871/T-212)

Attached hereto and made part hereof is a certified true

electronic copy of the title as Annex “1” duly executed for that
purpose.

2. Our claim on the property is pursuant to our right as co-

owners, as heirs of decedent Cesar Roxas.

3. On March 18, 1969 in Civil Case No Q-11847 entitled Cesar

Roxas vs. PHHC, vs. Traders Royal Bank, the Court of First Instance
of Rizal ruled: WHEREFORE, in view of the foregoing, the court
hereby renders judgment:

a. People’s Homesite and Housing Corporation (PHHC)

is hereby ordered to pay off the mortgage interest of
the Traders Commercial Bank on the property subject
of the joint venture agreement in the sum of Php
850,000.00 plus all the expenses attendant to the
foreclosure of the mortgage and which may be
necessary to effect the redemption of the property.

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 b. People’s Homesite and Housing Corporation (PHHC)
is likewise ordered to pay the plaintiff the amount of
Php 20,000.00 as attorney’s fees and cost of this suit.
c. Dismissing the counterclaim for damages of the
defendant People’s Homesite and Housing
Corporation and denying the petition for the
cancellation or rescission of the joint venture
agreement, without prejudice, when the proper time
comes to revive the same;
d. Traders Commercial Bank is hereby ordered to release
the property from its mortgage lien upon payment to it
by the defendant PHHC of the redemption price.

Attached hereto and made part hereof as Annex “2” is a copy of

the Decision.

4. In CA-G.R. No. SP-11253, a decision was rendered in favor

of Plaintiff Capay, ordering Traders Commercial Bank to transfer
back the titles under their names which were the subject of the
mortgage, that is, including the property subject of the above
certificate of title in the name of Cesar Roxas.

Copy of the Decision is attached as Annex “3”.

5. The case was elevated by the Bank to the Supreme Court via
Petition for Certiorari with docket numbers G.R. No. 114299 and G.R.
No.118862 but just the same, the case was dismissed against the
Bank.

Copy of the decision is hereto attached as Annex “4”.

6. That said registered owner as well as the subsequent

transferee has refused and still refuse to surrender possession of the
property and the corresponding titles despite finality of judgment of
the court;

7. In order to safeguard and secure our interest to the said

property in the event that any sale, transfer or encumbrance will be
effected without our express conformity and consent, we hereby pray
that the foregoing “Affidavit of Adverse Claim” be annotated on the
subject certificate of title in accordance with the duly established
rules and procedure of the office concerned.

7. Notices may be served upon us thru our counsel in the

address herein before stated.

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 REP LAW PHILIPPINES
Rodriguez Esquivel Palpal-latoc
Law Firm
(Formerly The Rodriguez & Partners Law Firm)
Counsel for Petitioners
Suite 1505 Mega Plaza Bldg.
ADB Avenue corner Garnet Road
Ortigas Center, Pasig City
Tel. Nos. (+632) 570-7719;570-8512
Email address: replawphils@yahoo.com.ph

PRAYER

WHEREFORE, we hereby request the Register of Deeds of

Quezon City to register this adverse claim in the manner provided by
law.

IN WITNESS HEREOF, we hereunto affixed our signature this

__day of February 2014.

____________________ ___________________________
RAMON BENJAMIN ROXAS JOSEPH HOWARD G. ROXAS
Affiant Affiant

____________________ ___________________________
ANTHONY MARTIN G. ROXAS MELIZA ADELIA ROXAS-
RODRIGUEZ
Affiant Affiant

____________________ ____________________
MA. CORAZON ROXAS-AQUINO FERDINAND G. ROXAS
Affiant Affiant

SUBSCRIBED AND SWORN to before me this ____ day of

_____________ 2014, affiant exhibited to me their identification cards
as follows: ___________

Doc. No. ____;

Page No. ____;
Book No. ____;
Series of 2014