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    Paper # 3

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    Edwin Javate
    Domingo Daleon claims ownership over two parcels of land originally registered under his deceased sister Asuncion Daleon. Virginia Tresmonte also asserts ownership, claiming to be Asuncion's biological daughter. Domingo denies this, saying Virginia was adopted. Virginia provides an authenticated adoption paper and birth certificate stating she is Asuncion's biological daughter. Virginia and Margarita Durante further claim the valid transfer of rights occurred through a legal "Self - Adjudication" process, transferring the titles to Virginia. Domingo has filed a criminal complaint for falsification of documents and estafa, which Virginia and Margarita vehemently deny in a joint counter-affidavit.

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    Paper # 3

    Uploaded by

    Edwin Javate
    60 views3 pages
    Domingo Daleon claims ownership over two parcels of land originally registered under his deceased sister Asuncion Daleon. Virginia Tresmonte also asserts ownership, claiming to be Asuncion's biological daughter. Domingo denies this, saying Virginia was adopted. Virginia provides an authenticated adoption paper and birth certificate stating she is Asuncion's biological daughter. Virginia and Margarita Durante further claim the valid transfer of rights occurred through a legal "Self - Adjudication" process, transferring the titles to Virginia. Domingo has filed a criminal complaint for falsification of documents and estafa, which Virginia and Margarita vehemently deny in a joint counter-affidavit.

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    Domingo Daleon claims ownership over two parcels of land originally registered under his deceased sister Asuncion Daleon. Virginia Tresmonte also asserts ownership, claiming to be Asuncion's biological daughter. Domingo denies this, saying Virginia was adopted. Virginia provides an authenticated adoption paper and birth certificate stating she is Asuncion's biological daughter. Virginia and Margarita Durante further claim the valid transfer of rights occurred through a legal "Self - Adjudication" process, transferring the titles to Virginia. Domingo has filed a criminal complaint for falsification of documents and estafa, which Virginia and Margarita vehemently deny in a joint counter-affidavit.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    60 views3 pages

    Paper # 3

    Uploaded by

    Edwin Javate
    Domingo Daleon claims ownership over two parcels of land originally registered under his deceased sister Asuncion Daleon. Virginia Tresmonte also asserts ownership, claiming to be Asuncion's biological daughter. Domingo denies this, saying Virginia was adopted. Virginia provides an authenticated adoption paper and birth certificate stating she is Asuncion's biological daughter. Virginia and Margarita Durante further claim the valid transfer of rights occurred through a legal "Self - Adjudication" process, transferring the titles to Virginia. Domingo has filed a criminal complaint for falsification of documents and estafa, which Virginia and Margarita vehemently deny in a joint counter-affidavit.

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    of 3

    PAPER # 3

    RELEVANT FACTS

    Domingo Daleon, the true owner of the 2 parcels of land located at Barangay
    Gulang-gulang, Lucena City, initially registered as Transfer Certificates of
    Titles Numbers T-58659 a parcel of land (Lot 5, consolidation of Lot 1 and
    2) with an area of 679 square meters and T-58080 with an area of 810 square
    meters and titled under the name of Asuncion Daleon.

    According to Mr. Daleon, he is the rightful owner of the subject properties


    and that he is Asuncion Daleon's lone sibling and heir since she passed
    away single without a child and parents.

    The defendant Virginia Tresmonte, who also asserts ownership of the


    subject properties, explicitly asserts that she is the legitimate daughter of
    Asuncion Daleon, which Domingo Daleon denied by claiming that Virginia
    is an adopted child and that no official record can vouch for the fact that she
    is Asuncion’s biological daughter.

    Mr, Daelon asserts that during the trial Ms. Virginia Tresmonte failed to
    deliver the proof or record that she is actually the biological daughter of
    Asuncion Daleon as recorded in the Transcript of Stenographic Notes taken
    down during the hearing at Branch 58, Regional Trial Court, Lucena City,
    on June 22, 2010 and January 11, 2011.

    And Virginia Tresmonte with the aid of Margarita Durante who with by
    means of deceit and conspiracy executed a Transfer of Rights thru “Self –
    Adjudication over the subject properties which was conveyed by Transfer
    Certificates of Title Numbers T-78367, T-78369 and T-78370.

    The petitioner moved for the Annulment/Cancellation of Titles, Recovery of


    Possession with Specific Damages.

    1
    REPUBLIC OF THE PHILIPPINES
    REGIONAL TRIAL COURT
    4TH JUDICIAL REGION
    LUCENA CITY
    BRANCH ___

    DOMINGO DALEON
    Plaintiff Criminal Case No. 46-463

    For : ESTAFA THRU FALSIFICATION


    OF PUBLIC DOCUMENTS
    Versus

    VIRGINIA TRESMONTE,
    MARGARITA DURANTE
    Defendants

    x-----------------------------------x

    JOINT COUNTER - AFFIDAVIT

    We, Virginia Tresmonte and Margarita Durante, both Filipino, of legal age,
    and residents of Barangay Gulang-gulang, Lucena City, after being duly
    sworn, depose and say:

    1. We are the respondents in the Criminal Complaint for Estafa thru


    Falsification of Public Documents as Criminal Case No. 46-463.
    2. We have received a copy of the complaint filed by Mr. Domingo
    Daleon, accusing us of Estafa thru Falsification of Public Documents.
    3. We vehemently deny under oath the allegations made and we are
    innocent the charges of Estafa and Falsification of Public Documents.
    The truths of the matter are stated hereunder:
    4. That I Virginia Tresmonte is the lawful biological daughter of
    Asuncion Daleon thru an Authenticated Adoption Paper and Birth
    Certificate filed in the Civil Registrar of Lucena City witnessed by
    Daryl Santiago, Civil Registar.
    5. That I Virginia Tresmonte is the rightful owner Transfer Certificates
    of Title Numbers T-78367, T-78369 and T-78370. The property was
    done through a valid and genuine Transfer of Rights thru a “Self –
    Adjudication.”
    6. That we are executing this Counter-Affidavit to attest to the
    truthfulness of the foregoing statements.

    WHEREFORE, premises considered, We, respectfully pray that this


    Counter-Affidavit be admitted and considered and that the complaint filed
    against us be dismissed for lack of merit.

    2
    SUBSCRIBED AND SWORN to before me this 11th day of January,
    2011 in the City of Lucena.
    Affiant exhibited to me their Passport ID Nos. P234566T and
    P3426877T as competent proof of their identities.

    Doc. No. _____


    Page No.______
    Book No. _____
    Series of ______

    Atty. JOHN F. LACSAMANA


    Notary Public
    PTR NO.____________
    IBP NO.___________

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