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    Affidavit of Adverse Claim

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    Ian Lozada
    Reginaldo Dela Cruz, representing Luana Lifestyle and Leisure Hotel, Inc., files an affidavit of adverse claim regarding a 291 square meter parcel of land in Boracay that Luana purchased in 2016. The seller was obligated to deliver possession of the land to Luana by December 2016 but failed to do so. There is a possibility the land could be sold to another party, so Luana requests an adverse claim be recorded to protect its rights over the property.

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    Affidavit of Adverse Claim

    Uploaded by

    Ian Lozada
    38 views2 pages
    Reginaldo Dela Cruz, representing Luana Lifestyle and Leisure Hotel, Inc., files an affidavit of adverse claim regarding a 291 square meter parcel of land in Boracay that Luana purchased in 2016. The seller was obligated to deliver possession of the land to Luana by December 2016 but failed to do so. There is a possibility the land could be sold to another party, so Luana requests an adverse claim be recorded to protect its rights over the property.

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    AFFIDAVIT OF ADVERSE CLAIM

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    Reginaldo Dela Cruz, representing Luana Lifestyle and Leisure Hotel, Inc., files an affidavit of adverse claim regarding a 291 square meter parcel of land in Boracay that Luana purchased in 2016. The seller was obligated to deliver possession of the land to Luana by December 2016 but failed to do so. There is a possibility the land could be sold to another party, so Luana requests an adverse claim be recorded to protect its rights over the property.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    38 views2 pages

    Affidavit of Adverse Claim

    Uploaded by

    Ian Lozada
    Reginaldo Dela Cruz, representing Luana Lifestyle and Leisure Hotel, Inc., files an affidavit of adverse claim regarding a 291 square meter parcel of land in Boracay that Luana purchased in 2016. The seller was obligated to deliver possession of the land to Luana by December 2016 but failed to do so. There is a possibility the land could be sold to another party, so Luana requests an adverse claim be recorded to protect its rights over the property.

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    © All Rights Reserved
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    AFFIDAVIT OF ADVERSE 

    CLAIM
    I, REGINADO S. DELA CRUZ, of legal age, Filipino, married and with office
    and business address at 2/F Day Bldg., No. 62 Tomas Morato Avenue, Brgy. Kristong
    Hari, Quezon City, Metro Manila, after having been sworn to in accordance with law,
    depose and say:

    1. That I am the Project Director and authorized representative of LUANA


    LIFESTYLE AND LEISURE HOTEL, Inc., (“Luana, Inc.”) a domestic corporation duly
    organized and existing under and by virtue of the laws of the Republic of the
    Philippines with principal address at Km. 3 North National Highway, Brgy. San
    Manuel, Puerto Princesa City;

    2. That on 30 June 2016, Luana, Inc. purchased a TWO HUNDRED NINETY


    ONE (291) SQUARE METERS, more or less, parcel of land being Lot No. 399-C PT
    located at the Sitio of Manggayad, Brgy. Manoc-Manoc, Boracay Island, Malay, Aklan,
    registered in the name of SABELITO V. GELITO, Sr. A copy of Tax Declaration No.
    ___________ and the Deed of Conditional Sale are hereto attached and made integral
    parts hereof as Annexes “A” and “B”;

    3. That in the said Deed of Conditional Sale, the Vendor therein was obliged,
    among others, to cancel any existing lease or sub-lease or any tenancy agreement and
    recover possession and to peacefully deliver the possession of the aforesaid parcel of
    land to Luana, Inc. within six (6)months from the execution thereof or until 31
    December 2016;

    4. However, the Vendor therein failed and still fails to fulfill his obligation to
    cancel any existing lease or sub-lease or any tenancy agreement and recover possession
    and to peacefully deliver the possession of the aforesaid parcel of land to Luana, Inc.
    within the prescribed period and even up to this writing;

    5. That there is a possibility that the said property be offered for sale to other
    interested parties and disposed of by the Vendor therein although prohibited from
    offering for sale or to entertain any offer to buy from other persons while the Deed of
    Conditional Sale is still in effect;

    6. That unless an adverse claim is recorded, registered or annotated on the


    Tax Declaration or any muniment of title of the aforesaid parcel of land, the purchaser
    thereof, Luana, Inc. is in danger of being deprived of its just and valid right over the
    same and, as such, I am executing this Affidavit in support of Luana, Inc.’s request for
    the annotation of an adverse claim over the said parcel of land;

    7. This sworn statement is being made to attest to the truth of the foregoing
    and for whatever legal purpose this may serve.

    AFFIANT FURTHER SAYETH NAUGHT.

    IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of


    __________ 2021, in the City of _____________, Philippines.

    REGINADO S. DELA CRUZ


    Affiant

    1
    REPUBLIC OF THE PHILIPPINES )
    _______________________________________ )s.s.

    I CERTIFY that on this date, before me, a Notary Public duly authorized in the city
    named above to take acknowledgements, personally appeared the above-named affiant who
    exhibited to me his LTO Driver’s License No. NO2-89-110326 valid until 05/26/2023 who was
    identified by me through such competent evidence of identity to be the same person described
    in the foregoing instrument, who acknowledged before me that his signature on the instrument
    was voluntarily affixed by him for the purposes stated therein, and who declared to me that he
    executed the instrument as his free and voluntary act and deed and that he has the authority to
    sign on behalf of his principal.
     
    IN WITNESS WHEREOF, I hereunto set my hand and affix my notarial seal on the date
    and at the place above written.
     

    Doc. No.: _____;


    Page No.: _____;
    Book No.: _____;
    Series of 2021. 

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