REPUBLIC OF THE PHILIPPINES)
CITY OF CALOOCAN ) S.S.
x--------------------------------------------x
AFFIDAVIT OF ADVERSE CLAIM
I, ROXAN LOU M. MACOLA, of legal age, Filipino, married and a resident of
Block 3 Lot 26 Orchids St., Natividad Phase 2, Deparo, Caloocan City, after having
been duly sworn to in accordance with law, depose and state:
1. That on 04 November 2013, I have entered into a Contract to Sell with
MR. ALFONSO SY who presented himself as the representative of S.C.C.
and Sons, Inc., a corporation duly organized and existing under the laws
of the Republic of the Philippines with office address at Room 304,
Elysium Bldg., No. 168 D. Tuazon St., cor. N.S. Amoranto St., Sta. Mesa
Heights, Quezon City, and represented in the document by its Vice-
President PETO P. SIY, hereinafter referred to as the VENDOR;
2. That the subject matter of the Contract to Sell was a parcel of land
located at Block 18 Lot 9 Phase I, Parkview Heights Subd., Brgy.
Bagumbong, Caloocan City;
3. That the Contract to Sell with MR. ALFONSO SY representing MR. PETO
P. SIY was acknowledged before Notary Public Vicente C. Cruz of Quezon
City and entered in his Notarial Register as Doc. No. 305, Page 61, Book
153, Series of 2015 dated 08 January 2015. A copy of the said Contract is
hereto attached as ANNEX “A” and made an integral part of this
Affidavit;
4. That in the said Contract to Sell, I was the VENDEE of a certain parcel of
land covered by Transfer Certificate of Title No. C-306088, more
particularly described as follows:
“A Parcel of Land (Lot 9, Block 18, of the cons. subd. plan, PCS-007501-
005873-D, being – portion of Lots 1-24, Blk. 1: 1-16, Blk. 2: 1-42, Blk. 3:
1-48, Blk. 4: 1-48, Blk. 5: 1-25, Blk. 6: 1-10, Blk. 7: 1-10, Blk. 8: 1-18, Blk.
9: 1-14, Blk. 10: 1-3, Blk. 11: 1-12, Blk. 12: 1-13, Blk. 13: 1-10, Blk. 14: 1-
19, Blk. 15: 1-30, Blk. 16: 1-30, Blk. 17: 1-22, Blk. 18: 1-12, Blk. 19: Blks
20 & 21: Open space: Road lots 1-18; all of Pcs-04-000574, L.R.C. Rec.
No. 6563), situated in the Brgy. of Bagumbong, City of Caloocan,
Province of Metro Manila, Island of Luzon. Bounded on the (OVER) x”
5. That as per stipulation in the Contract to Sell, I as the VENDEE had to pay
a Reservation Fee in the amount of TEN THOUSAND PESOS (P10,000.00)
which was paid on 04 November 2013, receipt of which is herein
evidenced by ANNEX “B” and made an integral part of this Affidavit;
6. That after the payment of the Reservation Fee, I as the VENDEE had to
make payment in the amount of TWELVE THOUSAND THREE HUNDRED
THIRTY-THREE PESOS AND THIRTY-THREE CENTAVOS (P12,333.33) for
six consecutive months as Down Payment for the parcel of land which is
the subject matter of the Contract to Sell for the total amount of EIGHTY
FOUR THOUAND PESOS (P84,000.00) including the Reservation Fee,
which were paid on 11 December 2013, 10 January 2014, 10 February
2014, 10 March 2014, 10 April 2014, and 8 May 2014, receipts of which
is herein evidenced by ANNEX “C” and made an integral part of this
Affidavit;
7. That thereafter, I as the VENDEE had to make a Monthly Amortization of
SEVEN THOUSAND EIGHT HUNDRED EIGHTEEN PESOS AND THIRTEEN
CENTAVOS (P7,818.13), or for the total amount of FOUR HUNDRED
TWENTY THOUSAND PESOS (P420,000.00), including the Down
Payment and Reservation Fee, which were paid on a regular basis as
evidenced by Acknowledgement Receipts hereto attached as ANNEX
“D” and made an integral part of this Affidavit;
8. That the VENDOR in the said Contract to Sell agreed that upon full
payment of the amount of the parcel of land, a Deed of Sale will be
executed in favor of the VENDEE and a Transfer Certificate of Title
pertaining to the same parcel of land will be issued in her name;
9. That in consideration of the processing of the Transfer Certificate of
Title, the VENDEE paid the VENDOR the amount of TWENTY-FIVE
THOUSAND AND TWO HUNDRED PESOS (P25,200.00), as evidenced by
ANNEX “E” and made an integral part of this Affidavit;
10.Following the full payment of the parcel of land as stipulated in the
Contract to Sell and payment of the processing fee of the Transfer
Certificate of Title, the VENDEE demanded from the VENDOR the
execution of the provisions of the same but the VENDOR kept on
delaying the process and repeatedly offered alibis as substantiated by
the SMS conversation between the VENDEE and the VENDOR, herein
attached as ANNEX “F” and made an integral part of this Affidavit;
11.However, the VENDOR has failed to execute a Deed of Sale and process
the Transfer Certificate of Title in favor of the VENDEE and since the said
Contract to Sell per se could not be annotated on the Title with the
Office of the Register of Deeds, 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. C-306088.
IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of
____________________ 2020 in Caloocan City, Metro Manila, Philippines.
ROXAN LOU M. MACOLA
Affiant
SUBCRIBED AND SWORN TO before me this _____ day of _______________
2020 in Caloocan City, Metro Manila, Philippines, affiant exhibiting to me her
____________________ No. __________ issued in _______________ on
____________________ and valid until ____________________.
NOTARY PUBLIC
Doc. No. _____;
Page No. _____;
Book No. _____;
Series of 2020.
