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    Adverse Claim

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    Nicolo Jay Pajarito
    Spouses Michael and Nahda Abutazil purchased land covered by TCT 129-2012001497 from Marlon and Jocelyn Manas in 2016 for 80,000 pesos. However, when transferring ownership, they discovered the owners duplicate title was not provided, only a machine copy. They also found the machine copy does not match the original title at the registry of deeds. Due to these issues and the sellers now living abroad, the Abutazils have filed an adverse claim on the property to protect their rights as purchasers against the registered owners.

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    Adverse Claim

    Uploaded by

    Nicolo Jay Pajarito
    113 views2 pages
    Spouses Michael and Nahda Abutazil purchased land covered by TCT 129-2012001497 from Marlon and Jocelyn Manas in 2016 for 80,000 pesos. However, when transferring ownership, they discovered the owners duplicate title was not provided, only a machine copy. They also found the machine copy does not match the original title at the registry of deeds. Due to these issues and the sellers now living abroad, the Abutazils have filed an adverse claim on the property to protect their rights as purchasers against the registered owners.

    Original Description:

    Adverse claim on real property

    Original Title

    ADVERSE CLAIM

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    Spouses Michael and Nahda Abutazil purchased land covered by TCT 129-2012001497 from Marlon and Jocelyn Manas in 2016 for 80,000 pesos. However, when transferring ownership, they discovered the owners duplicate title was not provided, only a machine copy. They also found the machine copy does not match the original title at the registry of deeds. Due to these issues and the sellers now living abroad, the Abutazils have filed an adverse claim on the property to protect their rights as purchasers against the registered owners.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    113 views2 pages

    Adverse Claim

    Uploaded by

    Nicolo Jay Pajarito
    Spouses Michael and Nahda Abutazil purchased land covered by TCT 129-2012001497 from Marlon and Jocelyn Manas in 2016 for 80,000 pesos. However, when transferring ownership, they discovered the owners duplicate title was not provided, only a machine copy. They also found the machine copy does not match the original title at the registry of deeds. Due to these issues and the sellers now living abroad, the Abutazils have filed an adverse claim on the property to protect their rights as purchasers against the registered owners.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
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    of 2

    REPUBLIC OF THE PHILIPPINES )

    ZAMBOANGA CITY )S.S.

    AFFIDAVIT OF ADVERSE CLAIM

    We, Spouses MICHAEL ABUTAZIL and NAHDA ABUTAZIL , of


    legal age, Filipinos citizen, residing at Tetuan, Zamboanga City,
    after having been sworn in accordance with law, do hereby state
    that:

    1. On May 10, 2016, we entered into a Deed of Absolute


    Sale with MARLON C. MANAS, of legal age, married to Jocelyn
    Cloma Manas, of legal age, Filipino and resident of Lower Calarian,
    Zamboanga City, over a parcel of land located at Sinunuc,
    Zamboanga City, covered by TCT No. 129-2012001497 and more
    particularly described as follows:

    “A parcel of land (Lot 1-J ) of the subdivision


    plan, Psd- 09-02945, being a portion of the Lot 1,
    PCS- 09-001743, situated in the Barangay of
    Sinunuc City of Zamboanga, containing an area
    of THREE HUNDRED (300) Square Meters, and
    covered by Transfer Certificate of Title No. 129-
    2012001497 issued by the Register of Deeds of
    Zamboanga City.”

    A machine reproduction copy of said Deed of Absolute Sale in


    the amount of P80,000.00, notarized before Notary Public Yaser H.
    Apion (Doc. No. 79; Page No. 16; Book No. 55; Series of 2016) is
    attached as ‘Annex A’ and made an integral part hereof.

    2. In the process of transferring the ownership of the


    above-described property we found out that the Owners Duplicate
    copy of Transfer Certificate of Title No. T-129-2012001497, is not
    given with us, instead they only give a machine copy of said TCT-
    129-2012001497;

    A machine copy of said Transfer Certificate of Title is attached


    as “Annex B” and made an integral part hereof.

    3. Since we will need the Owner ’s Duplicate of said TCT


    No. 129-2012001497 to surrender the same to the appropriate
    government agency and complete the process of transfer of
    ownership, we sought the same from the seller, Marlon C. Manas
    married to Jocelyn Cloma Manas, who then handed to us said
    machine copy of Transfer Certificate of Title, for this reason said
    Marlon C. Manas married to Jocelyn Cloma Manas is no longer living
    in the Philippines,;
    4. To our complete surprise, we were informed that the
    document we had in our custody, said Owner ’s Duplicate of TCT No.
    129-2012001497 “is only a machine reproduction of Owner ’s
    Duplicate Certificate of Title;

    5. Among the bases for this declaration coming from the


    Register of Deeds was the fact that the Original Copy of TCT No.
    129-2012001497, which is necessarily a machine copy of the
    Owner ’s Duplicate certificate does not resemble the certificate of
    title provided us by the sellers, Marlon C. Manas married to Jocelyn
    Cloma Manas.

    7. On account of the foregoing circumstances, we are


    extremely apprehensive and fearful that our hard-earned money,
    used as payment for the property covered by TCT No. 129-
    2012001497 may be lost. We are constrained to resort, declare and
    protect our rights to the property covered by said certificate of title,
    which rights emanate from our purchase of said property, as adverse
    to that of the present registered owner, Marlon C. Manas married to
    Jocelyn Cloma Manas.

    8. We are executing this Affidavit for purposes of attesting


    to the truth thereof and to seek annotation of said Affidavit as an
    Adverse Claim upon TCT No. 129-2012001497.

    AFFIANT FURTHER SAYETH NAUGHT.

    November ____, 2019, Zamboanga City

    MICHAEL ABUTAZIL NAHDA ABUTAZIL

    SUBSCRIBED AND SWORN to before me, a Notary Public for


    and in Zamboanga City, this November ___, 2019, affiant exhibiting
    to me their Identification Card to with;
    MICHAEL ABUTAZIL
    NAHDA ABUTAZIL - PRC- 0092874 03/01/2000

    Doc. No. ______;


    Page No. ______;
    Book No. ______;
    Series of: ______.

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