Third Party Claim

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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
7TH JUDICIAL REGION
Branch 58, Cebu City
CONSERVED TECHNOLOGY
SERVICES LTD. CO.,
Plaintiff,
Civil Case No. CEB-35947

-versus- MTCC Br. 3 CC( R-53695 )
FOR: EJECTMENT
(UNLAWFUL DETAINER)
ALEXANDER RANILE,
Defendant,
x----------------------------------------/
AFFIDAVIT OF THIRD PARTY CLAIM
To: El Cid R. Caballes

Sheriff IV
RTC-OCC, Cebu City
Sir:
Please take note of my affidavit of Third Party Claim herein attached.
________________
ELVIRA RANILE
Copy Furnished:
Atty. Jason Exodus T. Piquero

Counsel for the Respondent
Rm. 407 GK Chua Bldg.,
MJ Cuenco Ave., Cebu City
Honorable Presiding Judge

RTC Branch 58
Hall of Justice
Cebu City 6000
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Republic of the Philippines )

City of San Jose Del Monte) S.S.
Province of Bulacan )
AFFIDAVIT OF THIRD PARTY CLAIM
I, ELVIRA RANILE y MEMBREVE, of legal age, Filipino citizen, and married

to Rizalito A. Discipulo, and resident of Block 53 Lot 39, Area B, Purok 2, Bagong
Buhay II, City of San Jose del Monte, Bulacan, after having been sworn in law, do hereby
deposeth and sayeth:
1.) That I am the daughter of Spouses OLYMPIO M. RANILE and GONZALA

M. RANILE (both deceased), having been born on September 26, 1948 at
Cebu City, the proof of whic is the copy of my Certificate of Live Birth hereto
attached as Annex “A”;
2.) That aside from me, my other sibling were ALEXANDER M. RANILE,
BOBELINO M. RANILE, CHARLITO M. RANILE, DIANA RANILE
(deceased), and FERDINAND M. RANILE (deceased). A copy of our
baptismal certificate is hereby attached as Annex “B”, “B-1”, “B-2”, “B-3”
and “B-4”, respectively;
3.) That my father was a brother of my uncle GUILLERMO RANILE and with
two (2) other sisters by the name of ANACLETA SOLANA y RANILE
(deceased) and CANDELARIA RANILE (deceased) and REMEDIOS
VERANO y RANILE;
4.) That my uncle, GUILLERMO RANILE, during hs lifetime was able to
consolidate under his name an inherited lot from their parents, registered
under TCT No. 29969, located at the District of Guadaluoe, Cebu City;
5.) That said lot is the subject matter of the ejectment case docketed as Civil
Case No. CEB-35947, MTCC Br. 3 CC (R-53695) ;

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6.) That when my uncle GUILLERMO RANILE died instestate without an
issue, by operation of the law, my father and his siblings being collateral
relatives are automatically the owners of the said lot;
7.) That since my father was already deceased at the time my uncle died, by
operation of the law, I am entitled to inherit his share by way of right of

representation under the law on succession in the Civil Code of the
Philippines;
8.) That without my knowledge or participation the other co-collateral relatives

executed among themeselves an Extrajudicial Settlement of Estate of the late
GUILLERMO RANILE before Notary Public, Atty. William Yu Borromeo
under Notarial Register Doc. No. 117, Page No. 23, Book No. XXIII, Series
of 1997;
9.) That when my auntie, CANDELARIA RANILE died intestate without an

issue, again by operation of the law under the law on succession in the
Civil Code of the Philippnes, I am entitled to a portion of her property which
she inherited from my uncle as a collateral relative; A copy of her death
certificate is hereby attached as Annex “C”
10) That I did not waived nor sell my share or inheritance on the said lot nor took
part of the execution of the 3 Deed of Sale of the said lot conveying it to
CONSERVED TECHNOLOGY SERVICES LTD. CO;
11) That in the three Deed of Sale herein attached as Annex “D”, “D-1”, “D-2”,
It is very clear that I did not partake as such considering tha I am an heir of
my uncle Guillermo Ranile and my auntie, Candelaria Ranile;
12) That as I and the rest of other collateral relation were not informed much less
included in the sale, I hereby lay my claim by way of Third Party Claim under
Rule 39 Section 16 of the 1997 Rules of Civil Procedure over and above the
said lot which is the subject of ejectment case docketed as Civil Case No.
CEB-35947, MTCC Br. 3 CC (R-53695) ;
13) That I intend to file the approperiate Civil Action to recover the said property
from the transferee;
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14) As such, I am executing this Affidavit of Third Party Claim to attest to the
truth of the foregoing facts and for the purpose of filing the same at the office
of the handling Sheriff at the RTC OCC Cebu City;
IN WITNESS WHEREOF, I have hereunto naffixed my signature this __ day

of _________ 2010 at City of San Jose del Monte, Bulacan, Philippines.
ELVIRA M. RANILE
Affiant
SUBSCRIBED AND SWORN to before me this __ day of ___________ 2010 at

the City of San Jose del Monte, Bulacan Affiant exhibiting to me her
_____________________________________________.

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REPUBLIC OF THE PHILIPPINES

Civil Case No. CEB-35947

AFFIDAVIT OF THIRD PARTY CLAIM

To: El Cid R. Caballes

Please take note of my affidavit of Third Party Claim herein attached.

Atty. Jason Exodus T. Piquero

Honorable Presiding Judge

Republic of the Philippines )

AFFIDAVIT OF THIRD PARTY CLAIM

I, ELVIRA RANILE y MEMBREVE, of legal age, Filipino citizen, and married

1.) That I am the daughter of Spouses OLYMPIO M. RANILE and GONZALA

two (2) other sisters by the name of ANACLETA SOLANA y RANILE

(deceased) and CANDELARIA RANILE (deceased) and REMEDIOS

4.) That my uncle, GUILLERMO RANILE, during hs lifetime was able to

Case No. CEB-35947, MTCC Br. 3 CC (R-53695) ;

6.) That when my uncle GUILLERMO RANILE died instestate without an

relatives are automatically the owners of the said lot;

operation of the law, I am entitled to inherit his share by way of right of

8.) That without my knowledge or participation the other co-collateral relatives

9.) That when my auntie, CANDELARIA RANILE died intestate without an

IN WITNESS WHEREOF, I have hereunto naffixed my signature this __ day

SUBSCRIBED AND SWORN to before me this __ day of ___________ 2010 at

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SUBSCRIBED AND SWORN to before me this day of _________ 2010 at