Affidavit of Adverse Claim

Republic of the Philippines )
Province of Ilocos Sur )

CITY OF VIGAN )SS
AFFIDAVIT OF ADVERSE CLAIM

WE, HILARIA C. ARCAINA, RIZALDY C. ARCAINA, HONORIO C. ARCAINA,
TERESA A. BAÑAGA, EDNA C. ARCAINA, EDEN C. ARCAINA and EDUARDO C.
ARCAINA, all of legal ages, Filipino, and presently residing at 93 F. Rizal St., Vigan
City, Ilocos Sur after having been duly sworn to in accordance with law, depose and
state:
1. That we are the legal heirs of the late EDUARDO ARCAINA SR. being the
only biological son of the late ESTEFANIO ARCAINA;
2. That the late ESTEFANIO ARCAINA left a property, particularly described as

follows:
“A parcel of land situated at Barangay II, Vigan City,

Ilocos Sur. Bounded on the North by 004 & 005, on
the East by Quirino Blvd., on the South by 013 and on
the West by 013; Containing an area of one hundred
thirty six square meters (136 sqm); Declared under
Tax Declaration No. 00-0002-00102 with a Market
Value of ₱34,000.00 and Assessed Value of
₱6,800.00”;
3. T h a t a c e r t a i n N O E L D E L E O N w a s a l l o w e d v e r b a l l y t o u s e
the property by the late ESTEFANIO ARCAINA, and that the
former has knowledge that no document exists to prove his
claim;
4. H o w e v e r , i t h a s c o m e t o o u r k n o w l e d g e t h a t h e i s p r e s e n t l y
claiming and worse, attempting to register the above-
mentioned land in his name despite the fact that he has no
legal rights and interests thereon;
5. That unless an adverse claim is annotated on the aforedescribed Transfer

Certificate of Title, we, the heirs of the late ESTEFANIO ARCAINA are in
danger of being defrauded and deprived of our just and valid right over the
aforedescribed parcel of land and, as such, we are executing this Affidavit in
support of our request for the annotation of an adverse claim over the parcel
of land described herein.
IN WITNESS WHEREOF, WE have hereunto set our hands

this ___________________ in Vigan City, Ilocos Sur.
HILARIA C. ARCAINA RIZALDY C. ARCAINA HONORIO C. ARCAINA

Affiant Affiant Affiant
TERESA A. BAÑAGA EDNA C. ARCAINA EDEN C. ARCAINA
Affiant Affiant Affiant
EDUARDO C. ARCAINA
Affiant
SUBCRIBED AND SWORN TO before me this ___________________ in Vigan

City, Ilocos Sur, Philippines.
Doc. No. ___

Page No. ___
Book No. ___
SERIES OF 2017
Republic of the Philippines )
Province of Ilocos Sur )
CITY OF VIGAN )SS
AFFIDAVIT OF ADVERSE CLAIM

I, RUDY ALCEDO, of legal age, Filipino, and presently residing at Barangay
Cabaroan Laud, Vigan City, Ilocos Sur after having been duly sworn to in accordance
with law, depose and state:
1. That on December 30, 2016, I have entered into a Deed of Real Estate Mortgage which
was acknowledged on the same date before Notary Public Tito Ragasa Tugade and
entered in his Notarial Register as Doc. No. 448, Page 90, Book XVIII, Series of 2016. A
copy of the said Deed is hereto attached as ANNEX “A” and made
an integral part of this Affidavit;
2. That in the said Deed of Real Estate Mortgage, I was the Mortgagee of a certain parcel
of land declared under the name of Antonio Fetalvero, more particularly described as
follows:
“A parcel of land situated at Barangay Camangaan,

Vigan City, Ilocos Sur. Bounded on the North by 009,
on the East by Sec 02, on the South by 011 and on
the West by 001 (Brgy. Road); Containing an area of
three thousand two hundred ninety square meters
(3,290 sqm); Declared under Tax Declaration No. 00-
0020-00010 with a Market Value of ₱17,940.00 and
Assessed Value of ₱7,180.00”;
3. However, it has come to my knowledge that the Mortgagors, Mila Retuta and Marino
Fetalvero, being the legal heirs of the late Antonio Fetalvero are attempting to sell or
dispose of the same;
4. That I am filing an ADVERSE CLAIM on the above-described property based on the
above-stated facts and to request DEFERMENT on any transaction regarding any
transfer to be made to the said property with the Registry of Deeds of Ilocos Sur,
Bureau of Lands, Bureau of Internal Revenue and City Assessor’s Office of Vigan City;
5. That I am executing this Affidavit as Adverse Claimant to the above-described property
and for all legal intents and purposes it may serve.
IN WITNESS WHEREOF, I have hereunto set my hand

this ___________________ in Vigan City, Ilocos Sur.
RUDY ALCEDO
Affiant
SUBCRIBED AND SWORN TO before me this ___________________ in Vigan

City, Ilocos Sur, Philippines.
Doc. No. _____

Page No. _____
Book No. _____
SERIES OF 2017

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What property is being claimed by the heirs of Estefanio Arcaina?

What property is being mortgaged by Rudy Alcedo?

Republic of the Philippines )

Province of Ilocos Sur )

AFFIDAVIT OF ADVERSE CLAIM

2. That the late ESTEFANIO ARCAINA left a property, particularly described as

“A parcel of land situated at Barangay II, Vigan City,

5. That unless an adverse claim is annotated on the aforedescribed Transfer

IN WITNESS WHEREOF, WE have hereunto set our hands

HILARIA C. ARCAINA RIZALDY C. ARCAINA HONORIO C. ARCAINA

SUBCRIBED AND SWORN TO before me this ___________________ in Vigan

Doc. No. ___

AFFIDAVIT OF ADVERSE CLAIM

“A parcel of land situated at Barangay Camangaan,

IN WITNESS WHEREOF, I have hereunto set my hand

SUBCRIBED AND SWORN TO before me this ___________________ in Vigan

Doc. No. _____

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