Republic of the Philippines)

City of Puerto Princesa ) SS.

AFFIDAVIT OF ADVERSE CLAIM

I, CATHERINE DAUS, of legal age, Filipino, married and

with residence at no. 24, Purok 4, Outlook Drive, Baguio
City, after being duly sworn according to law, hereby depose
and state that:

1) I am filing a Notice of Adverse Claim on a parcel

of land with THIRTY SEVEN THOUSAND FOUR HUNDRED AND THIRTY
SEVEN (37, 437) sq.meters property covered by TCT No. 016-
2016001115 of the Registry of Deeds of the Province of
Benguet.

2) Said whole title is registered under the name of

the HELEN FOSSAR STEWART, Filipino Citize, married to ANDREW
STEWART, Canadian Citizen, both of legal age and covers a
real property (parcel of land) located at TALOY,
MUNICIPLAITY OF TUBA, PROVINCE OF BENGUET, containing an
area of THIRTY SEVEN THOUSAND FOUR HUNDRED AND THIRTY SEVEN
(37, 437) square meters and which parcel of land.. The
subject of this claim is more particulary described as:

“A parcel of land (Lot 2-B of the subdivision

plan (LRC PSD-198679. Being a portion of Lot 2. (LRC )
PSD-150824, LRC REC NO. FREE PATENT). Situated in the
barrio of Taloy, Municipality of Tuba, Province of
Benguet, Island of Luzon, Bounded on the NE., Point 2
to 3” Property of Dangpas Flores;

3. That on 19th someone under false pretenses, fraud and

impersonation acted as RAMON EISMA using a TIN ID and
CTC fake identity as RAMONS EISMA using BIR TIN ID
filed a reconstitution of title -______:

Said contract was entered under Doc. No 412, Page

no.84, Book no. LVVVIV, series of 2012 of the Notarial
Register of Atty. Ramon J. Veloria of Manaog,
Pangasinan. The Acknowledgment receipt thereof in the
amount of EIGHTY THOUSAND PESOS (87, 600) as full

Affidavit of Adverse Claim Page 1 of 6

 payment of the said property was signed by ALEXANDER
GALABAN as vendor.

Copies of the TITLE and CONTRACT and

Acknowledgment Receipt are hereto attached as Annexes
“A”, “B” and “C” respectively;

4. That they executed a deed of sale

5. That I am the true and legal RAMON EISMA .

6. I never sold sold said property to anyone and I still

have a copy of the original title. The fact that

7. Simultaneous with her adverse claim was the fact that

she procured documents and paid all fees necessary for
the complete transfer of the title under her name. As
proofs, A certification of no improvement over the
subject land was obtained by Rovie and issued by the
Office of the Municipal Assessor of Manaog, Pangasinan.
A photocopy of the said certificate is hereto attached
as Annex “D”.

8. Payment of Capital Gains Tax for the said transaction

and receipt covering payment thereto are hereto
attached as Annexes “E” and “E-1”. Documentary Stamp
Tax was likewise paid to cover the said transaction. A
copy of the said documentary stamp tax and receipt are
hereto attached as Annexes “F” and “F-1”. Finally, A
certificate Authorizing registration had been issued by
the Bureau of Internal Revenue in favor of ROVIE
PENAFLOR for purposes of transfer. Attached and made as
an integral part hereof is a copy of the Certificate
Authorizing Registration in favor of ROVIE PENAFLOR as
Annex “G”;

Affidavit of Adverse Claim Page 2 of 6

 9. However, Prior to complete transfer of the title in
favor of ROVIE PENAFLOR, she already sold the same
subject property to me;

10. That on July 8, 2016 at Baguio City, ROVIE

PENAFLOR had entered into an Absolute Deed of Sale.
Wherein, ROVIE PENAFLOR sold the same subject property
to the me, that is, a certain parcel of land situated
at Sapang, Pugaro, Manaoag, Pangasinan containing an
area of FIVE HUNDRED SQUARE METERS MORE OR LESS (500
Sq.meters) PORTION of a larger tract of land covered by
TRANSFER CERTIFICATE OF TITLE NO. 29917 of the Registry
of Deeds of the Province of Pangasinan which was duly
notarized and registered under Doc.no.94, Page No.19,
Book no.16, Series of 2006 before Notary Public Mary G.
Wayagwag-Guibac of Baguio City. In short, the Deed of
sale between ALEXANDER AND ROVIE became the sole basis
of Absolute deed of sale between ROVIE PENAFLOR and I.

Attached herewith is a copy of the Absolute Deed of

Sale of a Registered land as Annex “H”;

11. The Consideration was in the amount of SIXTY

THOUSAND PESOS (60,000), Philippine Currency, duly
received and acknowledged by the Defendant as full
payment and was registered under Doc. No. 95, Page 19,
Book no. XVI series of 2016 before Notary Public Mary
G. Wayagwag-Guibac of Baguio City. A copy of the said
ACKNOWLEDGMENT RECEIPT is hereto attached as Annex “I”;

12. Under the Absolute Deed of Sale Vendor (ROVIE

PENAFLOR) shall do or cause to be done the process of
transfer of the subject 500 Square meters portion in
the name of the vendee, her heirs and successors the
above stated portion of 500 Sq. Meters property subject
of this case. It is worth to mention that the
registered owner ALEXANDER GALABAN was fully aware of
the said transaction and that he promised to respect
the same and oblige with his obligation to turn over
the title of the subject property once partitioned and
new title thereof are issued;

Affidavit of Adverse Claim Page 3 of 6

 13. That after the said execution of contract, ROVIE
PENAFLOR as the vendor had transferred the OBLIGATION
to the VENDEE by willfully neglecting her duties to
process the transfer of the property in my favor as
agreed upon;

14. That left without recourse, I engaged the services

of a bookkeeper to process the transfer. A special
Power of Attorney was then Executed between me and
HELEN RILLERA, the book keeper. Attached hereto as
ANNEX “J” is a copy of the notarized SPA;

15. That I made several demands to both defendants

ALEXANDER GALABAN and ROVIE PENAFLOR to turnover a copy
of the original title involving the subject property.
However, despite several demands and attempts, the
defendant ALEXANDER GALABAN failed and refused to do so
without valid grounds and that ROVIE PENAFLOR was not
making contributions to compel the registered owner to
release and issue the title. It is worthy to mention
that since the subject title had been partitioned, new
titles had been issued over the partitioned properties
including the property subject of the sale herein.
Copies of the Demand letters sent by my counsel are
hereto attached as Annexes “k” and “K-1”;

16. That pending compliance and issuance of the title,

I started processing transfer of the subject property
in my favor. The Capital Gains Tax before the office of
BIR had been settled in favor of the Vendor. A copy of
the BIR form no. 1706 and receipt of payment are hereto
attached as Annexes “L” and “L-1”;

17. The required documentary stamp tax was likewise

settled on December 12-02-2016. A copy of the BIR Form

Affidavit of Adverse Claim Page 4 of 6

 no. 2000-OT and receipt thereof are hereto attached as
ANNEXES “M” and “M-1”;

18. That I likewise complied with the Certification of

no improvement issued by the OFFICE OF THE MUNICIPAL
ASSESOR over the subject property in my favor. A
photocopy of the said certification is hereto attached
as Annex “N”;

19. On December 2, 2016, I likewise obtained a

certification from the Municipal Treasurer of the
Municipality of Manaog that the real property taxes
over the property of the defendant ALEXANDER GALABAN
had been already settled. Attached is a copy of the
said certificate as Annex “O”;

20. Finally, the BIR issued a Certificate Authorizing

Registration in my favor. A copy of the said
certificate is hereto attached as Annex “P”

21. That as of to the date of filing this complaint,

the Plaintiff has yet to receive any words from
ALEXANDER GALABAN or ROVIE PENAFLOR.

22. There is a great possibility that the title on the

property will be disposed again via mortgage or sale
because the registered owner is still holding title to
the property.

23. Unless an adverse claim is annotated on the afore-

described Transfer Certificate of Title, I am in danger
of being deprived of my valid right over the subject
property.

24. I am executing this Affidavit for the purpose of

attesting to the truthfulness and veracity of the
foregoing allegations and to effect the annotation of
the adverse claim in the original copy of OCT No.
_______________.

Further I sayeth naught.

IN WITNESS WHEREOF I have hereunto set my hand this

th
18 day of February 2020 at Baguio City, Philippines.

Affidavit of Adverse Claim Page 5 of 6

CATHERINE DAUS
Affiant

SUBSCRIBED and SWORN to before me this 18th day of

February 2020 at Baguio City, affiant exhibited to me her
TIN I.D. with No. 305-670-841-000.

NOTARY PUBLIC

Doc. No._______
Page No. ______
Book No.______
Series of 2020.

Affidavit of Adverse Claim Page 6 of 6