November 4, 2015

OFFICE OF THE PROVINCIAL ASSESSOR

Vigan, Ilocos Sur
Vigan City

Thru: Municipal Assessor Santa Cruz, Ilocos Sur

Sir/Maam:

Greetings!

This refers to the annotation of an adverse claim over my property located at

San Pedro, Santa Cruz, Ilocos Sur under Transfer Certificate of Title No. 024-
2015001132 machine copy of which is hereto attached as Annex A. The said
title was entered at Vigan City on September 14, 2015.

With all due respect, the undersigned most respectfully request for the
removal of the said annotation considering the fact that the person who
caused the registration of the claim has no legal right over the subject
property.

The ratiocination of one PRISCILA D. CUMAY-AO is not a legitimate basis for

the annotation of the said Affidavit of Adverse Claim [adverse claim] over my
right over the said property.

The purpose and nature of an Affidavit of Adverse Claim is a measure

designed to protect the interest of a person over a piece of real property
where the registration of such interest or right isnt otherwise provided for by
PD1529, and serves as a notice and warning to third persons dealing with
said property that someone is claiming an interest on the same or a better
right than the registered owner thereof.

The adverse claim is moot and academic considering that the title over the
said property was already issued in my name and as a consequence therefor,
the Original Certificate of Title No. P-42845 is cancelled. Hence, all issues
against the title cannot be entertained via adverse claim.

Technically, the special remedy of ADVERSE CLAIM to be availed of, it must

be shown that there is no other provision in the law for registration of the
claimants alleged right.

A perusal of the adverse claim shows that PRISCILA has other remedy to
question the registration or issuance of the title in my name under the law.
It must be stressed that Priscila in representation of her granddaughter failed
to satisfy the following, to wit:
(1) the claimants right or interest in registered land is adverse to the
registered owner;

(2) such right or interest arose subsequent to the date of original

registration; and

(3) no other provision is made in the Decree for the registration of

such right or claim [Italics ours]

It bears to note that the adverse claim is no longer effective because the
claim expires after 30 days, the adverse claim was registered on February
2015 and from that date, there were no other claims filed against the said
property.

Under Section 70 of PD 1529, the adverse claim shall be effective for a

period of thirty (30) days from the date of the registration, the provision
reads:

(1) After the lapse of thirty days, upon the filing by the party in
interest of a verified petition for such cancellation. No second adverse
claim based on the same ground may thereafter be registered by the
same claimant [Italics ours]

Withal and by reason of all the foregoing, the undersigned most respectfully
prays for the removal of the adverse claim filed by PRISCILA.

Thank you very much!

BENJAMIN J. AGLANGAO

Copy furnished:

PRISCILA D. CUMAY-AO Registered

Mail
Brgy. San Pedro, Sta. Cruz, Ilocos Sur

EXPLANATION

The foregoing has been furnished via registered mail due to lack of
manpower to effect personal service.
BENJAMIN J. AGLANGAO