REPUBLIC OF THE PHILIPPINES )

________________________ ) S.S.

AFFIDAVIT OF ADVERSE CLAIM

I, ELIEZER T. ESPINA, of legal age, Filipino, widower, and a resident of #1 Mithi

St. Brgy. San Juan, Taytay, Rizal, after having been duly sworn to in accordance with law,
depose and state:

1. That I was married to Virginia Francisco Espina and our marriage was blessed
with two children, namely Eileen Gay F. Espina and Geraldy F. Espina. The
marriage contract between Virginia Francisco and Eliezer Espina is attached as Annex
“A”. The birth certificates of Eileen Gay F. Espina and Geraldy F. Espina are attached as
Annexes “B” and “C”, respectively;

2. That on 3 November 2019, Virginia Francisco Espina died intestate. The death
certificate of Virginia Espina is attached as Annex “D”.;

3. That I, along with Eileen Gay F. Espina and Geraldy F. Espina are the sole heirs of
Virginia Francisco Espina;

4. That Virginia Francisco Espina is a co-owner of a parcel of land, containing an area

of THIRTEEN THOUSAND TWO HUNDRED TWELVE square meters (13,212 sq.
m.), more or less, and situated in the Barrio of Batong Dalig, Municipality of
Taytay, Province of Rizal (“Subject Property”) and covered by Original Certificate
of Title No. 11164 (OCT No. 11164) issued by the Registry of Deeds for the Province
of Rizal, more particularly described as follows:

A parcel of land (Plan Psu-180522 in equivalent to Lot 3001, of the Cadastral

Survey of Taytay, Cad-688-D as corrected, LRC Case No. N-631-A, LRA
(NAHTDRA) Record No. N—60990), situated in the Barrio of Batong Dalig,
Municipality of Taytay, Province of Rizal. Bounded on the NE., from point 35-37-
1, by property of Flaviano N. Felizardo; and from point 1-4, by property of
Felomeno Naval; on the SE., from point 4-12, by property of Augenio Leonardo;
from point 12-13, by property of Juan Bernardo; and from point 13-20, by property
of Felomeno Naval; on the SW., from point 20-23, by property of Felomeno Naval;
and on the NW., from point 23-29, by property of Felomeno Naval; and from point
29-35, by property of Flaviano N. Felizardo, Beginning at a point marked “1” on
plan, being S. 20 Deg. 10’E., 931.36 m. from B.L.L.M. No. 2, Municipality of
Taytay, Rizal, Thence S. 9 Deg. 07’E., 1.64 m. to point 2; S. 39 Deg. 55’E., 3.27
m. to point 3; S. 55 Deg. 25’E., 34.17m to point 4; S. 35 Deg. 12’W., 13.34 m. to
point 5; S. 29 Deg. 21’N., 6.42 m. to point 6; S. 4 deg. 10’E., 0.55 m. to point 7; S.
31 Deg. 57’W., 18.63M. to point 8; S. 28 Deg. 23’W., 22.44 m. to point 9; N. 53
Deg. 28’W., 15.90 m. to point 10; S.33 Deg. 20’W., 23.35 m. to point 11; S.30 Deg.
25’ W., 18.14 m. to point 12; S. 37 Deg. 25’W., 28.40 m. to point 13; N. 64 Deg.
06’W., 3.16 m. to point 14; N. 53 Deg. 09’W., 21.96 m. to point 15; N. 59 Deg.
32’W., 9.41 m. to point 16; S. 33 Deg. 43’W., 22.41 m. to point 17; S. 18 Deg.
55’W., 7.86 m. to point 18; S. 38 Deg. 21’W., 22.65 m. to point 19; S. 30 Deg.

1
 53’W., 9.51 m. to point 20; N. 56 Deg. 47’W., 19.18 m. to point 21; N. 55 Deg.
07’W., 18.07 m. to point 22; N. 48 Deg. 51’W., 5.80 m. to point 23;N. 35 Deg.
39’E., 30.19 m. to point 24; N. 39 Deg. 23’E., 8.88 m. to point 25; N. 28 Deg. 02’E.,
18.78 m. to point 26; N. 41 Deg. 52’E., 21.97 m. to point 27; N. 33 Deg. 01’E.,
16.28 M. to point 28; N. 35 Deg. 36’E., 24.28 m. to point 29; N. 32 Deg. 54’E.,
17.75 m. to point 30; N. 43 Deg. 10’E., 7.09 m. to point 31; N. 32 Deg. 34’E., 8.21
m. to point 32; N. 39 Deg. 58’E., 19.73 m. to point 33; N. 51 Deg. 49’E., 1.49 m.
to point 34; N. 31 Deg. 42’E., 20.23 m. to point 35; S. 74 Deg. 47’E., 4.68 m. to
point 36; S. 58 Deg. 54’E., 21.86 m. to point 37; S. 47 Deg. 28’E., 19.26 m. to the
point of Beginning containing an area of THIRTEEN THOUSAND TWO
HUNDRED TWELVE (13,212) Square meters, more or less. All points referred to
are indicated on the plan and are marked on the ground; bearings true; date of
survey May 28, 1959.

5. That the other co-owners of the Subject Property and their respective undivided
interests are:

i. Feliciano J. Francisco, Jr. married to Rosario Villanueva, one fourth (1/4)

share;
ii. Zenaida J. Francisco, married to Mario Francisco, one fourth (1/4) share;
iii. Lualhati J. Francisco, married to Restituto Santiago; one fourth (1/4) share;

6. That Feliciano J. Francisco, Jr. died intestate on 15 October 2007, while Zenaida J.
Francisco died intestate on 7 March 2010, and Lualhati J. Francisco died intestate
on 7 March 2014. The death certificates of Feliciano J. Francisco, Zenaida J. Francisco,
and Lualhati J. Francisco are attached as Annexes “E”, “F”, and “G”, respectively;

7. That during the lifetime of Virginia Francisco Espina, she was the custodian of
the owner’s duplicate of OCT No. 11164 issued by the Registry of Deeds for the
Province of Rizal;

8. That upon the death of Virginia Francisco Espina, I became the new custodian of
the owner’s duplicate of OCT No. 11164 issued by the Registry of Deeds for the
Province of Rizal;

9. That I later discovered that the owner’s duplicate of OCT No. 11164 issued by the
Registry of Deeds for the Province of Rizal was missing. Immediately thereafter, I
executed an Affidavit of Loss dated 3 August 2021 notarized by Public Atty.
Crispino T. Pablo, Jr. of Rizal Province and entered in his Notarial Register as Doc.
No. 488, Page 98, Book LXXXVIII, Series of 2021. The Affidavit of Loss is attached as
Annex “H”;

10. That I sought to register and have the Affidavit of Loss with attached Certified
True Copy of OCT No. 11164 issued by the Registry of Deeds for the Province of
Rizal be annotated on the title of the Subject Property. The request for annotation
was, however, denied by the Register of Deeds for the Province of Rizal citing
alleged ongoing transactions involving the Subject Property;

2
11. That on 11 February 2022, I, Geradly F. Espina, and Eileen Gay F. Espina, executed
an Extrajudicial Settlement of Estate with Absolute Sale in favor of Jesus R. Aquino
which was acknowledged on the same date before Notary Public Atty. Crispino T.
Pablo, Jr. of Rizal Province and entered in his Notarial Register as Doc. No. 263,
Page 53, Book XXIX, Series of 2022. The Extrajudicial Settlement of Estate with
Absolute Sale is attached as Annex “I” ;

12. That the extrajudicial settlement was duly processed in accordance with law and
Certificate Authorizing Registration (CAR) was issued by the Bureau of Internal
Revenue. The Certificate Authorizing Registration (CAR) is attached as Annex “J”;

13. That on 4 August 2023, I was still able to obtain a Certified True Copy of Certified
True Copy of OCT No. 11164 issued by the Registry of Deeds for the Province of
Rizal. The Certified True Copy of Certified True Copy of OCT No. 11164 (4 August 2023)
is attached as Annex “K”;

14. That on 19 December 2023 I obtained a Certified True Copy of OCT No. 11164 with
stamp CANCELLED. The Certified True Copy of OCT No. 11164 with stamp
CANCELLED (19 December 2023) is attached as Annex “L”;

15. That on 21 December 2023 I obtained a Certified True Copy consisting of three (3)
pages of an Affidavit of Loss executed by on Hilda A. Tan dated 14 November
2023 and notarized on the same date by Atty. Reynaldo R. Bernardo, Notary Public
for Cardona, Binangonan, Angono, Rizal and entered in his Notarial Register as
Doc. No. 390, Page 109, Book LXXXI, Series of 2023. On the third page thereof, the
following appears:

“ALL Documents are not available

Examiner by: hilda Tan”

The Certified True Copy consisting of three (3) pages of an Affidavit of Loss executed by
on Hilda A. Tan dated 14 November 2023 is attached as Annex “M”;

16. That on 5 February 2024 I obtained a Certified True Copy of Transfer Certificate of
Title No. 068-2010004989 issued by the Registry of Deeds for Province of Rizal
issued in favor of Manila East Homes, Inc. cancelling Original Certificate of Title
No. 11164 (OCT No. 11164). The Certified True Copy of Transfer Certificate of Title No.
068-2010004989 issued by the Registry of Deeds for Province of Rizal issued in favor of
Manila East Homes, Inc. is attached as Annex “N”;

17. That at the time of the alleged transfer of the Subject Property to Manila East
Homes, Inc. in December 2010, Feliciano J. Francisco, Jr. and Zenaida J. Francisco
were already deceased. The death certificates of Feliciano J. Francisco, Jr. and Zenaida
J. Francisco are already attached as Annexes “E” and “F”, respectively;

18. That I never transacted with Manila East Homes, Inc. for any matter and in any
capacity especially as heir of Virginia Francisco Espina in relation to the Subject
Property;

3
 19. That the Tax Declaration for the Subject Property remains in the names of Virginia
Francisco Espina, Feliciano J. Francisco, Jr., while Zenaida J. Francisco, and
Lualhati J. Francisco under Tax Declaration No. 18-TY-004-13660. The Tax
Declaration No. 18-TY-004-13660 issued by Taytay, Rizal is attached as Annex “O”;

20. That I, on behalf of the co-owners/ heirs of the Subject Property, had been
consistently paying the real property taxes thereon. I have in my possession
Official Receipt No. RZL 2295303 dated 29 December 2022 evidencing proof that I
made payment of the real property taxes on the Subject Property for the year 2023.
Official Receipt No. RZL 2295303 is attached as Annex “P”;

21. I am therefore executing this Affidavit for the purpose of attesting to the
truthfulness of the foregoing allegations and in support of my request for the
annotation of an adverse claim over the parcel of land covered by the Transfer
Certificate of Title No. 068-2010004989 issued by the Registry of Deeds for
Province of Rizal in favor of Manila East Homes, Inc.

IN WITNESS WHEREOF, I have hereunto set my hand this ______________ 2024 in

____________________________, Philippines.

ELIEZER T. ESPINA
Affiant

SUBCRIBED AND SWORN TO before me this this ______________ 2024 in

____________________________, Philippines, affiant exhibiting to me his
____________________ valid until _______________ as competent evidence of identity.

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2024.